The High Court heard that €3.8 million donated to charities such as the Red Cross and Save the Children via Pembroke Dynamic Internet Services Ltd had been dissipated and that the company's managing director, Peter Conlon, had gone missing. Conlon, a shareholder in several vehicles that owned the firm, had not been in contact with the company since mid‑December and was believed to be detained by Swiss authorities. Liquidator Myles Kirby, appointed after the company's winding up, discovered that the donated funds had not been held in trust and were used for the company's operations and Conlon's personal expenses, including payments to a romantic partner, his daughter in the UK and a solicitor's firm. Justice Caroline Costello granted temporary freezing orders on Conlon's assets below €3.8 million, including bank accounts, and adjourned the matter to the following week.
Sean Quinn Jnr and his wife, Karen Woods, appeared before the High Court to seek the restoration of living expenses, which they claim were halted as part of a litigation strategy. The couple, represented by Ross Aylward BL, stated in a sworn statement that they had not received their approximately €9,500 monthly allowance in December or January, causing them hardship. They alleged that the joint receivers, Declan Taite and Sharon Barrett, were acting against their interests in tandem with the bank. These claims are denied by the opposing parties. The application arises from proceedings by the Irish Banking Resolution Corporation (IBRC), formerly Anglo Irish Bank, which secured account freezing orders and appointed receivers over the Quinn family's assets. IBRC alleges the Quinns misappropriated assets from the Quinn's international property group to frustrate the recovery of loans up to €2.8 billion, allegations the Quinns deny. Barry O'Donnell SC, representing IBRC, and Andrew Fitzpatrick SC, representing the receivers, requested time to respond to the couple's claims. Justice Brian McGovern heard the motion on Monday and adjourned the application to later this week. The matter was adjourned and has not been concluded or finalised.
Mr Justice Brian McGovern admitted a claim by former minister Ivan Yates and his wife, Deirdre Yates, to the Commercial Court list. The couple alleges that the sale of lands at Blackstoops, Enniscorthy, Co Wexford, to AIB by bankruptcy trustees Mark Wilson and George Maloney is void. They contend the property includes their family home and that Deirdre Yates holds a beneficial interest, arguing the trustees breached EU insolvency regulations by failing to seek Irish court permission before disposal. AIB, which acquired the lands in 2015, opposes the claim, stating its ability to recover debts would be adversely affected. While AIB and the trustees supported admission to the fast-track list, counsel for the couple, Jerry Healy SC, opposed it, citing insufficient valuation evidence and resource constraints. The judge determined the threshold for admission was met. He suggested the parties consider mediation to resolve the dispute and adjourned the case for one month to allow for potential mediation. The matter was adjourned and not concluded.
Four students renting a property at Lifford Park, South Circular Road, Limerick have been granted the right to return to their home following a High Court ruling. Ms Justice Marie Baker extended an injunction requiring the property owner to hand over possession to a bank-appointed receiver. The students had been required to leave by the property owner and spent two nights in hotel accommodation at the receiver's expense before the court intervened. The ruling emerged from a dispute between the property owner and Karl O'Neill, a KPMG receiver appointed by AIB in 2016. The property owner contested the validity of the receiver's appointment and the circumstances surrounding the students' removal. The judge found the receiver's appointment valid, subject to determination at a full hearing of the underlying dispute. Rent payments will be held in trust pending the final outcome of the case. The matter was adjourned for one month.
A bank-appointed receiver has obtained a temporary High Court order preventing eviction proceedings against four college students renting a property at Lifford Park, South Circular Road, Limerick. The dispute centres on the validity of Karl O'Neill of KPMG's appointment as receiver, contested by property owner Sinéad O'Connor. The court heard that Ms O'Connor demanded the students pay rent directly to her and sign documentation excluding dealings with the receiver, threatening immediate eviction and lock changes when they declined. She subsequently remained in the house with others, causing distress to the students and their families. Justice Caroline Costello granted an interim injunction on Tuesday evening requiring Ms O'Connor to surrender possession to the receiver, applying also to any third parties with notice of the order. The judge acknowledged the urgency and students' need for immediate protection, adjourning the matter to Thursday.
In January 2018, Mr Justice Peter Kelly ordered the discharge of an intellectually disabled young man who had been detained in a hospital since November. The detention had been imposed after an emergency application by the hospital, citing the man's serious health risks from not taking medication, his underweight condition, incontinence and potential sepsis. The court found he lacked capacity to manage his health and that continued detention was not justified. His father and an HSE disability services manager appealed, arguing the man was not psychiatrically ill and that confinement in a small room was restrictive and contributed to his challenging behaviour, including an assault on a nurse. The judge noted that the man had improved physically under hospital care but that the restrictive environment worsened his behaviour.
Abdirahim Daley, a married father of six, has taken his case to the High Court after Westmeath County Council denied him social housing support. The council ruled that Daley's household net income of €30,200 exceeded the €28,750 threshold set for two adults and six children, and therefore he was not eligible for the allowance. Daley and his wife are unemployed and receive job seekers and rent supplement allowances, and he also receives a carer's allowance for one child. The council included this carer's allowance in the income calculation, a practice the court said was contrary to the 2011 Social Housing Support Household Means Policy, which excludes such allowances. Daley seeks to have the council's decision quashed and his application sent back for reconsideration. The case was adjourned to March after Mr Justice Seamus Noonan granted permission ex‑parte.
In a High Court hearing on 19 January 2018, accountant Alan Hynes challenged the dismissal of his appeal by an Appeals Tribunal of the Chartered Accountants (Carb). The Tribunal had dismissed Hynes's appeal on 8 March 2016 after rejecting his request for a one‑month adjournment to secure new legal representation. Hynes argued that the dismissal breached fair procedure and was irrational, claiming the decision severely damaged his reputation and prevented him from presenting himself as a chartered accountant. He sought to have the Tribunal's decision quashed. The Tribunal, represented by Eileen Barrington SC, maintained that it was entitled to dismiss the appeal after refusing the adjournment. Mr Justice Charles Meenan reserved his decision following the parties' submissions. The case remains pending.
A Government-approved body, Repak ELT (End of Life Tyres), has initiated High Court proceedings against Daniel McHugh, trading as Delvin Tyres in Co Westmeath, alleging that the defendant is misleading customers and others in the tyre business. Repak ELT claims that Delvin Tyres has falsely represented itself as an authorised tyre collector registered with Repak ELT and has used Repak ELT's logo in its advertising. Repak ELT alleges that Delvin Tyres is not entitled to use the logo or claim compliance with Repak ELT regulations. Repak ELT seeks injunctions to prevent Delvin Tyres from using its logo, passing off its business as endorsed by Repak ELT, and from engaging in misleading marketing. It also seeks the cancellation of the domain name wwwrepakelt.com, which Delvin Tyres is alleged to have registered. At the High Court on Tuesday, Mr Justice Tony O'Connor granted Repak ELT permission to serve notice of the injunction proceedings on Delvin Tyres on an ex-parte basis. The matter was adjourned to a date next week.
Martin O'Brien, 31, from Coolevin, Balybrack, was convicted of burglary at the home of Mrs Marian Shanley, widow of the late High Court judge Peter Shanley, on 31 August 2016. He had been serving a four‑year suspended sentence for a 2013 burglary of an 85‑year‑old man's home. On 20 February 2017, Judge Pauline Codd sentenced him to three years' imprisonment, with the final two years suspended, for the Shanley burglary. The Court of Appeal dismissed the Director of Public Prosecutions' appeal that the sentence was "unduly lenient", holding that it was not so far outside the norm. O'Brien had 103 prior convictions, including six for burglary, and had previously been employed as a groundsperson at Leopardstown Racecourse. He had struggled with heroin addiction and mental health issues, but had detoxified and entered a residential drug treatment programme before the trial. Martin O'Brien pleaded guilty.
The High Court Commercial Court granted an injunction on Monday, with Mr Justice Brian McGovern finding that specific websites engaged in widespread copyright infringement. The orders, issued under the 2000 Copyright and Related Act, were sought by the Motion Pictures Association, representing studios including Twentieth Century Fox, Universal, Warner Brothers, Paramount, Disney, Columbia, and Sony Pictures. The application was brought against Internet Service Providers, including Sky Ireland, Vodafone Ireland, Virgin Media Ireland, Three Ireland, Imagine Telecommunications, and Magnet Networks, none of whom opposed the request. Counsel for the applicants alleged that up to 1.5 million users in Ireland accessed the sites, which included GoMovies, Rarbg, EZTV, and Watchfree, to view unauthorised content. The judge noted significant public interest grounds for the orders, aiming to protect the livelihoods of copyright holders and legitimate distributors. Consequently, the ISPs are ordered to block or disable subscriber access to these websites. The judge described the measures as dissuasive, effective, and proportional, citing evidence that similar orders have successfully countered infringement in other jurisdictions.
The High Court adjourned several extradition cases involving UK warrants on 15 January pending a Supreme Court decision on whether Brexit creates obstacles to surrendering individuals to Britain. Justice Aileen Donnelly postponed the cases to 19 February to allow the Supreme Court to consider the matter. The cases centre on arguments raised in the extradition proceedings against Thomas Joseph O'Connor, a 49-year-old from Roscommon, who was convicted at Blackfriars Crown Court in London in 2007 of involvement in a £5 million tax fraud and sentenced to four years and six months imprisonment. O'Connor failed to attend his sentencing hearing and subsequently returned to Ireland, where he was arrested on an extradition warrant in 2009. The High Court and Court of Appeal previously ordered his extradition, decisions he unsuccessfully appealed. His counsel raised concerns that extradition posed risks to his fundamental rights due to Brexit, an argument Justice Donnelly rejected, finding no credible evidence of such risk. O'Connor then referred the matter to the Supreme Court, with a hearing scheduled for 24 January.
In a High Court action brought by convicted murderer Graham Dwyer, the court decided not to convene a three‑judge divisional court. Dwyer, who was convicted of the murder of Elaine O'Hara in 2015, alleges that provisions of the Communications (Retention of Data) Act 2011 breach his constitutional rights and the European Convention on Human Rights. He claims that the European Court of Justice's 2015 ruling invalidated the Irish legislation implementing the directive, rendering mobile‑phone data collected by Gardaí during the investigation of O'Hara's murder unlawful. The case, which is opposed by the State, will be heard by Mr Justice Tony O'Connor on 20 February and is expected to last six to eight days. Dwyer seeks damages and, if necessary, a reference to the European Court of Justice. The State's motion aims to ensure the case proceeds efficiently. The decision was made after discussions with the President of the High Court and concerns over judge availability.
Armando Agostinho Alves Da Silva, a construction worker, testified in the High Court that he and 20 other Portuguese colleagues endured "terrible conditions" while building a section of the N7 motorway between Limerick and Nenagh in 2007‑2008. The workers, employed by three Portuguese companies under the RAC Eire Partnership, were housed in a prefab building outside Nenagh where 6‑8 men shared a room. The accommodation lacked basic facilities: the water was unfit for drinking, showers were unreliable, and wastewater produced a foul smell. Meals were supplied only on working days; on Sundays the workers had to fend for themselves with no cooking facilities. Da Silva said the new employer offered better pay and shorter hours, prompting him to move into a local house. The case, part of a series of actions against the same companies, seeks damages for alleged breach of contract, unpaid wages, unfair deductions for accommodation and laundry, and fraudulent record‑keeping.
In a High Court hearing on 20 December 2017, Clare County Council sought an injunction against Helen and Bernard McDonagh, members of the Irish Traveller Community, who had moved their caravans onto a site on Ashline, Kilrush Road in Ennis. The council claimed the site, earmarked for 40 new social housing units, was a health and safety hazard for the McDonaghs, citing lack of running water and sanitation. The council argued it had no traveller‑specific accommodation to offer and that the site had previously been used for Traveller accommodation but had been vacant after a suspected arson attack. The McDonaghs' lawyer, Niall Buckley, requested time to prepare a sworn statement and noted the council had not terminated a tenancy agreement with one of the McDonaghs. The council had offered the family a private rented four‑bedroom house in Ennis, which the McDonaghs refused, and said it was prepared to offer one of the new social housing units.
In a High Court action launched in 2015, convicted murderer Graham Dwyer seeks to challenge the use of his mobile phone records by the Garda Commissioner and State. Dwyer, who was convicted of the 2012 murder of Elaine O'Hara, argues that provisions of the Communications (Retention of Data) Act 2011 violate his constitutional right to privacy, the European Convention on Human Rights and the EU Charter of Fundamental Rights. He cites the 2015 European Court of Justice ruling that struck down the directive underlying the Act, claiming that the Irish legislation implementing it is therefore illegal and that the data collected on his phone is invalid. The State, represented by Sean Guerin SC, contends that the case raises significant legal questions and may be heard by a three‑judge divisional court. Ms Justice Caroline Costello has adjourned the matter to early January to allow pre‑trial issues to be addressed, with the hearing expected to last several weeks.
An Algerian man in his 50s challenged a second refusal by the Minister for Justice to revoke his deportation order before the High Court. The defendant, who cannot be named for legal reasons, is alleged to have links to Islamic terrorism. He claims he faces a risk of torture and inhuman treatment if returned to Algeria due to his political views. The State asserts that gardaí reported his activities as a serious security concern. In the 1990s, the man was convicted of several offences in Algeria, receiving three life sentences and two death sentences, which are no longer carried out. These charges included forming an armed terrorist group, possession of prohibited war weapons, and assassination. Additionally, he was jailed for eight years following his arrest in France in 2002 after being found guilty of membership of a criminal organisation preparing an Act of Terrorism. The current High Court hearing concerns the Minister's September decision to again refuse revocation, following a Supreme Court ruling last July that quashed the initial refusal and remitted the case for reconsideration. Counsel for the defendant argued the Minister's decision was irrational, while the State maintained the man should be deported. The matter is at the sentence stage regarding the validity of the deportation order.
In 2015, Darren Snee, aged 28, pleaded guilty in Dublin Circuit Criminal Court to possessing 1,705 ecstasy tablets worth €17,050, along with €400 of cocaine and €800 of cannabis. He received a two‑and‑a‑half‑year suspended sentence for the drugs and a separate suspended sentence for the cocaine and cannabis. The High Court had earlier ruled that ecstasy was not properly defined in law, effectively legalising it, but the Supreme Court overturned that ruling, reinstating the offence. The Director of Public Prosecutions had dropped the possession charge on the day of Snee's 2015 sentence. In December 2017, after the matter returned to court, Judge Martin Nolan sentenced Snee to two years' imprisonment, crediting him for 17 days already spent in custody. The sentence reflects the Supreme Court's decision that the drugs are illegal and the court's view that Snee's prior convictions and re‑offending warranted a custodial term.
A man from Co Dublin has lost his appeal against a High Court ruling that refused him access to information supporting a garda search warrant. Francis McGuinness sought the documentation in connection with a civil action against the Garda Commissioner and State regarding a search of his premises, a vehicle storage yard at Cloghran, conducted in August 2014. The search was carried out as part of an investigation into a serious fire attack on the Quinn group packaging plant at Ballyconnell, Co Cavan, in March 2014. A modified jeep was driven into the plant's lobby, causing approximately €600,000 damage with over thirty employees present. Gardaí claimed public interest and informer privilege over the warrant application details, citing risk to confidential sources. The Court of Appeal upheld the High Court's decision, with Mr Justice John Edwards stating Mr McGuinness had failed to demonstrate any infirmity in the original judgment or relevance of the disputed document.
Legal academic Brian Doolan, who was convicted in 2016 on 42 of 44 charges of sexual abuse, including 11 counts of rape, of a male, has launched a High Court challenge regarding a prison disciplinary sanction. Doolan, who taught law at the Dublin Institute of Technology, is currently serving a 12-year sentence with two years suspended at Arbour Hill Prison. He is challenging a finding by the Prison Governor that he breached prison rules by instructing his son to post comments on his website criticising the victim's support group, "One in Four," and the complainant. The Governor imposed a 30-day ban on phone calls and visitors. Doolan's counsel, Feichin McDonagh SC, argued that the conduct did not disrupt prison order, was not covered by prison rules, and that procedural fairness was breached because a transcript of the relevant phone calls was provided only after the hearing. Additionally, Doolan contends that the appeal procedure violates his constitutional and European Convention on Human Rights rights. He seeks to quash the finding of guilt and the imposed punishment, along with declarations regarding the breach of his rights. Mr Justice Seamus Noonan granted permission to bring the action on an ex-parte basis on Monday, with the matter set to return to court in February.
A dispute over ownership of parts of Dublin's south docks waterfront has been taken to the Commercial Court. Balark Investments, part of the Marlet Group, is developing a €100m commercial and residential project on the site and claims that Chambury Investment Company, linked to Johnny Ronan, is holding a freehold interest in land at Lime Street and Sir John Rogerson's Quay that is worth €20m. Balark says the Circuit Court has valued Chambury's interest at only €60,000 and that it must pay that amount to acquire the land. Chambury appeals the Circuit Court's decision and argues that Balark is not entitled to acquire the fee simple. Balark seeks a declaration that it may demolish the buildings on the disputed lands. The case is before Mr Justice Robert Haughton and is expected to continue into the new year.
Two professional footballers suspended for twelve months following a match-fixing investigation have secured temporary High Court injunctions preventing the Football Association of Ireland from introducing new evidence during their appeal hearing. Igor Labuts, a goalkeeper, and midfielder Dragos Sfrijan, both formerly of Athlone Town AFC in the League of Ireland First Division, were found guilty in September of deliberate actions to manipulate match results arising from a game against Longford Town in April. The players deny wrongdoing and claim the new evidence is prejudicial, was not disclosed at the original disciplinary hearing, and breaches natural justice principles. The FAI maintains it is entitled under its own rules to introduce the material at the appeal, scheduled for December twenty-first. Justice Caroline Costello granted interim injunctions on Wednesday at the High Court. The case has been adjourned to the following week.
The High Court in Dublin adjourned the extradition case of Raymond O'Neill, 38, who is wanted by the PSNI for murder and arson in the 2015 killing of Jennifer Dornan, 30, in Belfast. O'Neill was arrested in Dublin in February 2016 under a European Arrest Warrant and is also sought for another unrelated matter. His barrister, Caroline Cummings, argued that surrender would expose him to inhuman and degrading treatment in Maghaberry prison, citing his medical vulnerability and threats to his life. Justice Aileen Donnelly sought further information on prison conditions and expressed concern over specific deficiencies affecting vulnerable prisoners. The court noted that the 2017 prison report did not adequately address these risks. The case, also touching on Brexit implications, will be mentioned again on 22 January after O'Neill remains in custody.
Raymond McCord, a Newtownabbey campaigner, launched a High Court challenge against the Irish State regarding its alleged failure to disclose policies on calling a border poll in Northern Ireland. Counsel Ronan Lavery QC, appearing with solicitors Paul Farrell and Ciaran O'Hare, argued before Mr Justice Seamus Noonan that the State's lack of clarity breaches the Good Friday Agreement. The applicant seeks declarations that the State's failure to publish criteria for a border poll is unlawful and that a simple majority in Northern Ireland is sufficient for unification. Alternatively, he seeks a declaration that the State must hold a corresponding poll in the Republic if a majority in the North votes for unity. The action was brought against An Taoiseach, the Minister for Foreign Affairs and Trade, the Government of Ireland, the Attorney General, and Ireland. Mr Justice Noonan granted permission to bring the action on an ex-parte basis. The matter was adjourned, with the action set to be returnable in February.
In December 2017, Lieutenant Colonel Jerry Lane, a senior officer in the Defence Forces, filed a High Court challenge after the State refused to give him an independent report on allegations of corruption and misconduct within the military. Lane had raised concerns in 2010 that a fellow officer was being given preferential treatment for a senior post that Lane claimed the officer was ineligible for. He made a protected disclosure to the Seanad in 2011, after which he faced threats of dismissal and involuntary retirement, which were later withdrawn. In 2016, the Minister for Defence appointed Colm Smyth SC to conduct an independent review. Lane cooperated, submitted a 137‑page document, and requested the report, but it was withheld and kept sealed. He then sought intervention from former Taoiseach Enda Kenny.
Patrick Joseph Mangan, 51, of Valeview Drive, Finglas, was wanted abroad for a single drugs charge alleged to have occurred in Spain on 29 November 2010. A European Arrest Warrant sought his surrender on the basis that he participated in an organisation dealing with drug trafficking. The warrant described a British organisation that purchased large amounts of drugs from Melilla, paid by a Spanish group, and that 148 kg of hashish was recovered on that date. The High Court ordered his extradition in March, and Mangan lost an appeal against that order on 11 December 2017. The Court of Appeal dismissed his objection that telephone tapping of a call made from an Irish‑registered phone breached his constitutional right to privacy. A stay of surrender was granted pending a Supreme Court appeal, and he remains on continuing bail. The case remains at the extradition stage.
Five men charged with violent disorder following an alleged altercation at a public house in Finglas, Dublin, on 19 October have been refused bail by the High Court. David Mulvey, aged 35, Robert Gaynor, aged 27, and Shane Thomas, aged 25, all of addresses in Finglas, Christopher Duggan, aged 28, of no fixed address, and Scott Capper, aged 24, of Cappagh Green in Finglas, face charges relating to an incident at The Cardiff Inn on Cardiffsbridge Road. The State objected to bail applications on grounds including the O'Callaghan principles and Section 2 of the Bail Act 1997. Evidence was heard from gardaí and a Detective Chief Superintendent from the National Bureau of Criminal Investigation regarding concerns about the risk of further serious offences. Mr Justice Patrick McCarthy refused bail for all five accused and remanded them in custody.
Tributes were paid to Mr Justice Paul Gilligan on his final day presiding over the High Court's chancery division before his transfer to the Court of Appeal. Appointed to the bench 15 years ago, the judge is moving to the appellate court. Mark Connaughton SC led the professional commendations, noting that Mr Justice Gilligan consistently displayed great courtesy to practitioners and litigants in person. Mr Connaughton stated that the judge managed the chancery list effectively, often in difficult circumstances, and dispensed justice at the highest standards. These sentiments were echoed by other leading members of the legal profession. Mr Justice Gilligan expressed sadness at leaving a role he described as the highlight of his judicial career. He acknowledged the court's efforts to progress cases and thanked the legal profession for their assistance. Specifically, he praised Ms Paula Healy for her devotion and extensive hours working on the chancery list, and Mr Ian Barclay, the court usher, for his exceptional support. The judge also extended best wishes to his successor, Ms Justice Caroline Costello, who assumes the chancery division role next Tuesday. This report marks the procedural transition of the judge to the Court of Appeal, concluding his tenure in the High Court's chancery division.
The High Court has ordered that a Dublin City centre homeless shelter must close by May 1, 2018, unless its planning status is regularised. Mr Justice Donald Binchy granted final orders in proceedings brought by applicants Carman's Hall Community Interest Group, Michael Mallin House Resident's Association, and Elizabeth O'Connor against Dublin City Council (DCC). The applicants alleged that DCC's October 28, 2016 decision to authorise the conversion of Carman's Hall into a hostel was unlawful and breached planning laws. DCC opposed the application, arguing the facility addressed a humanitarian crisis. The judge held that DCC's decision was in material contravention of the local development plan, noting that proper consideration was not given to the over-concentration of such facilities in the area. Consequently, the court quashed DCC's decision and declared it a material contravention of the plan. However, a stay on these orders was agreed upon, allowing the facility to remain open until May 1, 2018, provided DCC takes steps to ensure compliance with planning laws. The judge awarded the applicants their costs for the main proceedings but ruled that both parties should pay their own costs for a previous pretrial application where DCC successfully lifted a stay. The judge commended the residents for agreeing to keep the facility open during the winter.
In a High Court hearing on 7 December 2017, Mr Justice Paul Gilligan ruled that Ms Amy O'Reilly, the mother of three children and the "innocent party" in a possession dispute over a Dublin property, may remain in the house at Cedar Brook Avenue, Cherry Orchard, until February. The property is owned by Mr Gerry Ward, who has contested the appointment of Mr Simon Coyle as receiver by the Bank of Ireland. Mr Coyle had obtained orders in 2016 preventing Mr Ward from dealing with, occupying or interfering with the property, but had not secured possession. Ms O'Reilly, who had been paying rent to Mr Ward, was ordered to vacate but was granted a stay until February to arrange alternative accommodation. The judge also adjourned contempt proceedings against Mr Ward to February and directed that any recordings made by a woman claiming to be Mrs Ward be deleted in court. The case remains at the High Court stage.
In a High Court case, Norgine BV, a Dutch pharmaceutical company, obtained an order from Judge Paul Gilligan directing AIB to disclose the names and addresses of the holders of an account in the bank's Cahir, Tipperary branch. The order, to be complied with within six days, was sought because Norgine alleges it suffered a serious cyber fraud, paying about €440,000 to the account after receiving an email that appeared to come from an Italian supplier but was actually fraudulent. The company claims the supplier never received the funds, and only a portion of the money has been recovered, leaving roughly €400,000 outstanding. Norgine seeks to identify the individuals who handled the account and to trace the money's destination. AIB, represented by Paul Fogarty, stated that confidentiality and data protection prevented it from providing the requested information, but the parties agreed to the wording of the order. The case was adjourned to a later date in the month.
A High Court action brought by Edward Magan, a beneficiary of the Eaglehill family trust that owns Castletown Cox, over the proposed sale of the 513‑acre south Kilkenny estate has been halted. Mr Magan had previously failed to stop the marketing of the property in a Jersey court, where the court allowed DW Trustees to proceed with marketing and access to Castletown. The trust's lawyers sought injunctions in Dublin to stop the Irish Times from publishing an article about the sale, but Mr Justice Paul Gilligan refused to restrain the newspaper and only allowed Mr Magan to serve short notice of proceedings for an injunction preventing the trustees from promoting the sale. The case was adjourned several times and returned to the High Court after DW Trustees moved to dismiss it on jurisdiction grounds.
In a High Court hearing, former Labour Party TD Joe Costello sought to compel the enactment of legislation that would increase the number of Dáil members before the next general election. Costello argued that the current size of the Dáil would be unconstitutional under Article 16.2.2, which requires one TD per 20,000 to 30,000 people. He cited the 2017 Constituency Commission's recommendation that Dublin Central, his constituency, be expanded from three to four seats to reflect population changes shown in the 2016 Census. Costello claimed that the State and Oireachtas had failed to meet this constitutional requirement, thereby infringing his rights as a citizen. The court adjourned the case for two weeks for mention only, with the High Court President noting that the matter had lost momentum. No decision on the application was made at that time.
Ms Stela Vasile, a pensioner receiving a state pension and rent supplement, has filed a High Court challenge after Social Welfare officials suspended her rent allowance amid an investigation by the Department of Employment Affairs and Social Protection. The investigation began 12 months ago and has not been completed, leading to arrears and a fear of homelessness. Vasile, represented by Fechin McDonagh SC, seeks a court order compelling the Minister to determine the investigation and a declaration that the suspension of her rent supplement is unlawful. She argues the delay is irrational, unreasonable, and breaches fair procedures. While her pension was restored in January, the rent supplement remains suspended. In April her landlord warned of arrears and potential eviction, though he allowed her to stay. Vasile has requested the investigation's outcome or continued rent payments, but has received no response.
The High Court granted the Irish Banking Resolution Corporation (IBRC) Commission an injunction against Post Publications, trading as The Sunday Business Post, to prevent the newspaper from publishing any information or evidence provided to the Commission. The injunction, issued by Justice Paul Gilligan, remains in force until the Commission releases its report on the Siteserv sale. The sale, valued at €45.4 million in March 2012, involved Millington Ltd, controlled by Denis O'Brien, and is one of the transactions under investigation. The Commission feared that the newspaper's publication of witness statements, oral evidence, or documents could breach the 2004 Commissions of Investigation Act and undermine its work. The injunction restricts the paper from publishing any statement, exhibit, oral evidence, or documents circulated by the Commission, and it is to stay until the Commission's report is published. The Commission's concerns stem from earlier articles that may have disclosed confidential evidence, prompting the injunction to protect the integrity of the inquiry.
In a High Court case on 30 November 2017, the Dublin Cemeteries Committee, trading as Glasnevin Trust, obtained orders from Mr Justice Paul Gilligan directing Twitter International Company to disclose the identity of an anonymous user operating the profile "Justice4Employees" at @Glasnevinexpose. The Trust sought Norwich Pharmacal orders to obtain the user's name, emails, IP addresses, postal addresses, and to remove posts that it claimed were disparaging, defamatory and damaging. The judge declined to order Twitter to delete the material, stating that such an order should be pursued after the user's identity is known and that the Trust could return to court to seek removal of the posts. Twitter, represented by Paul Coughlan Bl, neither consented nor objected to the identification orders but suggested amendments. The judge gave Twitter 21 days to comply with the Norwich Pharmacal orders. The Trust's request to remove the posts was denied, with the judge noting the remarks were "very serious" and "grossly defamatory.".
In a High Court order issued on 30 November 2017, Mr Justice Peter Kelly directed the shutdown of the website www.personalinjurysolicitorsdublin.info, which was involved in a practice known as 'Claims Harvesting'. The judge found that the site presented itself as a solicitor‑run service, misleading visitors into believing they were dealing with qualified solicitors. The orders were made against businessman Mr David Smyth and his company Agenda Computers, both based in Waterford, after the Law Society of Ireland alleged that the website breached advertising provisions of the Solicitors Acts by soliciting and encouraging personal injury claims. The Society claimed Mr Smyth was pretending to be a solicitor and that no such firm existed. Mr Smyth and Agenda opposed some orders, including the removal of the site, but consented to others. He testified that he had sold the website to a solicitor for €6,000 a few days before the hearing.
A High Court dispute between Rev Obinna Ulogwara and Most Reverend Dr Jackson, Archbishop of Dublin and Bishop of Glendalough, has been settled. The application for an injunction, which opened before the High Court last May, was adjourned from time to time to allow the parties to see if the matter could be resolved outside of court. On Wednesday, when the matter returned before the High Court, counsel for Rev Ulogwara told Mr Justice Paul Gilligan that the matter had been settled and could be struck out. No details of the settlement were revealed in open court, and Mr Justice Gilligan welcomed the resolution. In his proceedings, Rev Ulogwara, a priest of the Church of Ireland and Bishop's curate, claimed his position at the Parish of St George and St Thomas was permanent and that the absence of assurances regarding his future after the parish amalgamation amounted to a breach of contract. He argued that as a Bishop's curate, he could not be removed without an equivalent position. The Archbishop, represented by Tom Mallon Bl, denied the claims and urged the court not to grant the injunction, arguing that Rev Ulogwara was not an employee of Dr Jackson or the church and did not have tenure at the former parish. The matter was adjourned previously to facilitate out-of-court resolution, which has now been achieved.
Emmett Kiely, 26, of Limerick, was denied bail by the High Court on 29 November 2017. He faces charges for a "slash hook" assault on Joseph Storan on 3 October 2017 at Maple Court, Kennedy Park, and for assaulting Terry Casey on 11 July 2017 at the same address. He is also charged with possessing a firearm with intent to endanger life on that day. The State objected to bail, arguing it could lead to further offences, and the court, citing Section 2A of the Bail Act, rejected the application, remanding Kiely in custody.
W2 Filmproduktion Vertriebs GmbH, a German film company, has opposed a High Court application to strike out its claim against Irish film producers Morgan O'Sullivan and James Flynn. W2 alleges that the producers diverted funds from Octagon Films Ltd, a company in which W2 holds 49% of the shares, to themselves or to corporate entities they control, resulting in an estimated loss of €25 million in revenue. The producers deny the allegations, calling them an affront to their good character, and argue that no monies were diverted. W2 seeks damages for breach of contract, duty and fiduciary duty. The producers have also applied to have Octagon wound up and to appoint a liquidator, claiming the wind‑up application is intended to stymie W2. The pre‑trial motions before Ms Justice Eileen Creedon are expected to last eight days, and the case is set to proceed to a full trial.
A legal dispute between farmers Rory Bridgette and Albert Murphy and Sainfoin Property Company, part of the Comer group owned by brothers Luke and Brian Comer, has been resolved. The applicants claimed rights to five acres of land at Turnapin, Cloghran, near Dublin Airport, which they used for grazing horses, alleging they were bullied and intimidated by company representatives. The defendant denied these allegations, stating the farmers had no rights to the land purchased in 2014 and that the claims were made to denigrate the firm. The matter was heard before Mr Justice Brian McGovern at the Commercial Court. Counsel for the applicants, Martin Hayden SC, stated the proceedings had been resolved and the claim withdrawn, requesting a costs order in favour of the defendant. Counsel for the farmers, Eanna Mulloy SC, confirmed an agreement to remove a lis pendens registered against the lands. The judge welcomed the resolution. Previously, in September, Ms Justice Eileen Creedon discontinued a temporary injunction obtained by the farmers, preferring the company's evidence that there was no basis for the claims of interference or trespass. The court noted the farmers had fenced off the land since the early 2000s, while the company alleged the farmers attempted to extort compensation. The current hearing concluded with the withdrawal of the claim and the agreed removal of the lis pendens.
In a High Court case concerning the Vaults bar beneath Connolly railway station, the dispute over the premises' closure due to repeated flooding was settled. The Vaults, operating from 2002 to 2012, closed in March 2012 after an engineer's report warned of a serious health and safety hazard. Declan Ryan, a shareholder and director of The Vaults Trading Ltd, sued CIE, Irish Rail, and the Dublin Docklands Development Authority for breach of contract, negligence, and failure to prevent flood damage. The defendants denied the claims, arguing the plaintiffs had contributed to damage by neglecting maintenance. The case, opened on 7 November 2017 before Mr Justice Marie Baker, was resolved after negotiations, with settlement terms kept confidential. The Vaults had a 200‑year lease from 2002, during which the defendants were responsible for repairing the main structure, while the tenant could not alter it.
A High Court action taken by a widow who lost over €400,000 on foreign property investments has been resolved to the satisfaction of all parties involved. Ellen O'Mahony had sued financial advisor Thomas Connolly and two Castlebar-based companies of which he is a director, Western Premier Properties Ltd and Morcon Financial Services Ltd, over alleged failures to properly advise her of investment risks in Dubai and Portugal properties. Ms O'Mahony claimed she was persuaded to invest following the sale of her late husband's public house in Castlebar in 2007, when she received €1.2 million. The defendants denied the allegations, arguing she was fully aware of the risks involved and that her action was statute barred. The case commenced before Mr Justice Donald Binchy on Tuesday and was adjourned for settlement discussions. On Thursday, counsel for Ms O'Mahony informed the court the matter had been resolved and the action was struck out.
The High Court heard the first challenge to the Minister for Social Protection's refusal to grant an Exceptional Needs Payment (ENP) to pensioner Martin Finn. Finn, who suffers from asthma, arthritis and heart problems, applied for an ENP to purchase a winter jacket, claiming the cold weather worsened his conditions. On 17 September the Minister denied the request, citing a new policy that the need must be both exceptional and unforeseen. Finn's counsel argued that this requirement lacks statutory basis and that the Minister's discretionary power is improperly exercised. The case raises a wider issue of how the ENP scheme is applied nationwide, affecting thousands of applicants. Finn, aged in his sixties and residing in Ballybough, seeks an order quashing the refusal and a declaration that the Minister has fettered his discretion under Section 201 of the 2005 Social Welfare Act. The judge granted permission ex‑parte and set a return date for early December.
In November 2016, Deming Gao, a Chinese-born naturalised Irish Garda, reported persistent bullying, harassment and racial torment by colleagues after he raised concerns with superiors and a welfare officer. Following the complaint, he was allegedly branded a "rat," isolated, and subjected to verbal attacks, leading to a doctor's assessment that he was unfit for work due to stress. Gao's injury was initially classified as an injury on duty but was re‑classified in May 2017 as an ordinary illness, backdated to his leave start date, without explanation or consultation with his medical advisers or the Garda's chief medical officer. The Garda Commissioner also began deducting alleged over‑payments from his nominal weekly payments. Gao has sued the Commissioner, seeking to quash the re‑classification, restore the original injury status, and declare the re‑classification unlawful, with the case set for a December hearing.
A 41‑year‑old Cork man, Denis Harrington, was brought before the High Court on a European Arrest Warrant issued by Dutch authorities. He faces ten alleged offences of fraud or attempted fraud committed between 2014 and 2015. The allegations describe a scheme in which a group of Irish Travellers approached several mainly senior Dutch citizens, claiming that roof repairs were urgently needed. The Travellers used false names and fictitious company names, and in many cases the agreements were not honoured after the work was carried out. Victims were pressured into paying large sums, often in cash or via bank transfers that were immediately withdrawn. The Dutch authorities say the Travellers caused damage and leaks on roofs, and that the group used straw men to conceal their identities. Harrington is currently serving a prison sentence in Ireland and has been remanded in custody to appear again on 7 December.
A 32‑year‑old man, Dane Craigie, sustained serious brain injuries when the car he was a passenger in skidded off the road and struck a tree on 17 September 2008 at Bellinter, Navan. The incident occurred on a public road where construction and excavation works were underway. Craigie was taken to Navan Hospital and later to Beaumont Hospital, Dublin, where several surgeries were performed to relieve pressure on his brain. He spent an extended period in intensive care and now lives in a nursing home requiring ongoing care. Craigie sued several parties, including Meath County Council, SIAC Cintra Ferrovial (M3 Motorway Joint Venture), the Motor Insurers Bureau of Ireland, Linda Farrell, vehicle owner Kelly Mathews, and Ray Smyth, alleging negligence, nuisance and breach of duty of care. All defendants denied negligence and argued Craigie contributed to his injury by not wearing a seat belt.
In a High Court case, a primary school successfully challenged a Department of Education direction that it must enrol a child into its special speech and language class. Mr Justice Paul Coffey quashed the recommendation of a three‑person Appeals Committee that had advised the Secretary General to enrol the boy, citing the school's lack of a clear admission policy for oversubscribed places. The court noted that the school had 17 applications for only three spots and had already allocated places to three students. The judge found the committee's recommendation unfair to other applicants and remitted the matter to a new committee for further consideration. The school's board of management had brought the judicial review, arguing the decision was irrational and breached fair procedures. The case remains at the stage of a new committee hearing the remitted matter.
A 12‑year‑old dancer, Ella McCarthy, failed to obtain a High Court injunction that would have allowed her to compete in the Southern England qualifying round for the 2018 Irish Dancing World Championships. Mr Justice Tony O'Connor ruled that the legal arguments presented by Ella and her mother were tentative and not strong enough to justify an injunction pending the final hearing. The judge noted that Ella had been barred from CLRG competitions for six months because she had to change teachers, a decision linked to a breakdown in the relationship between her mother, a registered CLRG teacher, and the head of her former London school. The CLRG denied any wrongdoing and argued the six‑month period was a protective measure, not a disciplinary sanction. The court awarded the CLRG costs, placing a two‑year stay on the order.
UK-based Ella McCarthy, a 12-year-old Irish dancer, returned before the High Court seeking an injunction to allow her participation in a world championship qualifier. McCarthy, acting through her mother Kristy Blair McCarthy, sued An Coimisiun Le Rinci Gaelacha (CLRG), alleging she is barred from competing for six months under CLRG rules because she switched dancing teachers last July. The CLRG denies wrongdoing and opposes the application, arguing the rule is not a disciplinary measure but a protective policy for young dancers that has existed for 30 years. CLRG counsel also contended that McCarthy lacks locus standi and has no contract with the organization. McCarthy's counsel stated that the CLRG refused to grant an exemption without providing a reason, and that she has no right of appeal. The court was told that if McCarthy cannot enter the qualifier, she cannot participate in the 2028 world championships. The matter was adjourned following talks between the parties to allow a CLRG subcommittee to consider her application for an exemption. The hearing continues.