In November 2017 the High Court heard a claim by businessman Declan Ryan and The Vaults Trading Ltd, the operators of a bar and restaurant beneath Connolly railway station, against CIE, Irish Rail and the Dublin Docklands Development Authority (DDDA). The venue, known as The Vaults, had operated from 2002 until it was forced to close in March 2012 after an engineer's report declared the persistent flooding a serious health and safety hazard. Ryan, a shareholder and director of the trading company, alleges that the defendants breached contract, were negligent and failed to prevent the flood damage, despite a 200‑year lease signed in 2002 that required CIE and DDDA to repair and maintain the main structure. The plaintiffs claim damages for breach of contract and negligence, while the defendants deny the allegations, arguing that the plaintiffs contributed to the damage by failing to maintain pipes, pumps and waterproofing.
Former international rugby referee David McHugh resolved High Court proceedings he had brought against the Irish Rugby Football Union (IRFU) over the decision to dismiss him from his role as Referee Performance Manager. McHugh, employed by the IRFU since 1997, claimed the dismissal was unlawful and breached his contractual rights. He had secured a temporary injunction preventing the IRFU from publishing any material about the termination and from terminating his employment pending the full hearing. The case was brought before Mr Justice Tony O'Connor, who heard that the parties were in talks and that the matter had been resolved, allowing the proceedings to be struck out. No details of the agreement were disclosed. McHugh, who has officiated at major international matches, said he had believed the October 5 meeting was to discuss grievances about referee resourcing, not a termination. He claimed the decision left him feeling disgraced and humiliated.
Pharmaceutical giant Teva Pharmaceutical Industries Ltd has filed a High Court case against Mylan Teoranta, trading as Mylan International, a Galway‑based subsidiary of the multinational Mylan group. Teva alleges that Mylan has infringed its patents on a 40 mg/ml glatiramer acetate injection used three times a week by patients with relapsing forms of multiple sclerosis. The product is manufactured in Galway and sold on the US market. Mylan denies the infringement claims. Teva seeks several orders, including an injunction to stop Mylan from making, offering or marketing the alleged infringing product, a declaration that such marketing constitutes a trademark infringement, and an order for damages. The case was admitted to the fast‑track commercial court list by Mr Justice Brian McGovern and is scheduled to return before the court in January. The proceedings remain ongoing, with no final judgment yet issued.
A financial fund, Feniton Property Finance DAC, has brought a case in the Commercial Court seeking a judgment of €1.226 million against a partnership that includes broadcaster Gay Byrne, his wife Kathleen, and their two daughters, Susan and Crona Byrne. The fund acquired a €1 million loan from Bank of Scotland (Ireland) in 2007, which was intended to finance the partnership's investment in the Quinlan Private CERDII Fund. The loan was for six years and expired in 2013. In November 2015 the fund purchased the loan from BOSI. The fund alleges that the partnership failed to repay the loan and, after a demand in April, has not satisfied the outstanding amount. The case was admitted to the fast‑track Commercial Court list by Mr Justice Brian McGovern and is scheduled to return before the High Court in January.
In a High Court hearing on 2 November 2017, Justice Aileen Donnelly examined whether to extradite Raymond O'Neill, a 38‑year‑old Belfast man, to Northern Ireland for murder and arson charges linked to the 2015 killing of Jennifer Dornan. O'Neill was arrested in Dublin under a European Arrest Warrant issued by Northern Ireland authorities. He raised three objections: the impact of Brexit, insufficient linkage to the offences, and a real risk of inhuman treatment in Maghaberry prison due to his vulnerability. The judge rejected the Brexit and linkage objections, citing prior decisions and sufficient detail in the warrants. She expressed concern over Maghaberry's safety, citing a 2016 report that highlighted high violence levels and deficiencies for vulnerable prisoners. A 2017 report was deemed inadequate. A further hearing is scheduled for 12 December, with O'Neill remanded in custody until then.
David McHugh, a former international rugby referee and former Referee Performance Manager for the IRFU since 1997, has filed High Court proceedings against the Irish Rugby Football Union. He alleges that his dismissal on 5 October was unlawful and breached his contractual rights. McHugh claims the IRFU, following an independent review of the referee department, decided he was not fit to lead it and terminated his contract. He says he was informed of the decision during a meeting where he was told he had been fired, and that he had no opportunity to defend himself. McHugh argues the dismissal was a deliberate attempt to deprive the department of adequate resources, causing him stress and affecting his health. The High Court granted him a temporary injunction preventing the IRFU from publishing any further statements about his termination, with the matter to be returned next week.
In a High Court hearing, K&J Townmore Construction Ltd, the main contractor for an extension to St Conleth's College in Newbridge, Co Kildare, argued that a dispute with subcontractor Drumderry Aggregate Ltd could delay the opening of the new school facilities. The extension, designed to accommodate 250 students but now serving 477, was expected to be finished by year‑end and ready for use in January 2018. K&J claims Drumderry failed to provide required certification for flooring supplied and installed by the subcontractor, a certification essential under building regulations. Without the certificates, K&J fears costly remedial work, potentially exceeding €430,000. K&J has sought an order compelling Drumderry to supply the certificates and preventing their withholding. Mr Justice Paul Gilligan granted ex‑parte notice and set the case for a return next week. The dispute centres solely on the certification issue, unrelated to other legal actions between the parties. The outcome of the order remains pending.
Joanne Penston brought a High Court action against Dun Laoghaire Rathdown County Council over extensive damage to her three‑bedroom house at Rollins Villas, Sallynoggin, after she had rented it out in 2013. She claimed that the council's rental accommodation scheme had nominated tenants who were unsuitable and that the council's representations about the tenants were false and negligent. Penston alleged that the tenants caused severe damage, describing holes in walls, a broken bed, mattresses in the garden, removed copper piping, a washing machine and floorboards, damaged windows and doors, and a range of debris including needles, broken glass, beer bottles and toys. She said the property was in a state of "chaos" and that the damage was worth almost €70,000. The council denied liability, denied that it had nominated the tenants, denied making any representations to Penston, and denied negligence.
A High Court judge, Mr Justice Paul McDermott, refused to allow two local residents to appeal his decision that cleared the way for Apple to develop the first phase of an €850m data centre in Athenry, Co Galway. The judge said the residents' case did not raise a point of law of exceptional public importance or a public interest that would justify an appeal. He noted that many of the residents' arguments were a re‑argument of points already considered by An Bord Pleanala and the High Court. The residents, Sinead Fitzpatrick and Allan Daly, had claimed that An Bord Pleanala had failed to carry out an Environmental Impact Assessment (EIA) for the masterplan of eight data halls and that the Board had not addressed the energy demand and greenhouse‑gas implications.
In a High Court hearing, Joanne Penston, a childcare worker, alleged that the South Dublin house she had let under the Dun Laoghaire Rathdown Co Council's Rental Accommodation Scheme (RAS) was left in a "health hazard" condition after the tenants, a family of five, vacated it in March 2013. Penston described the property as having holes in walls, a removed downstairs toilet, a bed cut in half, mattresses in the garden, and copper piping and floorboards removed. She noted that many windows and doors were damaged and that the garden had become a rubbish tip with needles, broken glass, beer bottles and toys. She claimed the damage amounted to almost €70,000 and that she still owed money for repairs. Penston said a Garda who visited after the tenants left did not enter the house and that she could not get anyone to clean the garden. She has since returned to live in the property.
In a High Court case, Judge Michael Twomey imposed an Isaac Wunder order on June Smith and her non‑professional advisor William Murphy after a series of actions Smith had taken against the former farm at Carn, Portarlington, which had been mortgaged to ACC Loan Management and subsequently sold. Smith had previously been found in contempt in 2012 and had obtained a permanent injunction preventing her from trespassing on the farm. Despite the order, Smith continued to file motions against new parties, including Ballinline Ltd, the State, and the Garda Commissioner, and sought an injunction from Judge Max Barrett, who was unaware of the earlier injunctions. Smith's claims against her former solicitor were struck out as unsubstantiated. Judge Twomey declared that Smith's continued litigation was an abuse of process, and he expanded the Isaac Wunder order to prohibit any further proceedings against the farm without the President of the High Court's permission.
A High Court action brought by UK-based Ella McCarthy, a 12-year-old applicant, against An Coimisiun Le Rinci Gaelacha (CLRG) was adjourned to November 7th. McCarthy, represented by her mother Kristy Blair McCarthy, sought an injunction to allow her to compete in a world championship qualifier. She alleged that CLRG rules prevented her from competing for six months after she switched teachers in July, a change resulting from a dispute between her mother and a London dancing school. McCarthy's counsel described the proceedings as a last resort, arguing it was unfair for a child to be penalised for an adult dispute. CLRG counsel, Mr Peter Bland SC, stated the six-month period was not a suspension but a rule designed to prevent undue pressure on children switching teachers. The parties reached an accommodation whereby a CLRG subcommittee would consider McCarthy's application for an exemption. The judge, Mr Justice Paul Gilligan, adjourned the case to allow this subcommittee to make its decision. He noted he was prepared to hear the injunction application on the return date if necessary. The matter was not concluded or finalised; it remains pending the subcommittee's review.
In a High Court hearing on 26 October 2017, a judge reserved judgement on a bid by Eric Eoin Marques, an Irish man described by the FBI as the world's largest facilitator of child pornography, to halt his extradition to the United States. Marques, 32, is alleged to have owned and managed the anonymous hosting site Freedom Hosting, which hosted over a hundred extremely violent and graphic child‑pornographic images. He has been in custody since his arrest in August 2013 and suffers from Asperger's Syndrome. His surrender was ordered by the High Court in December 2015, and a subsequent appeal was dismissed by the Court of Appeal. Marques has also pursued judicial review to stop his surrender, arguing that the Minister for Justice failed to consider the Director of Public Prosecutions' reasons for not prosecuting him in Ireland.
Spanish authorities are seeking the surrender of Patrick Joseph Mangan, 51, of Valeview Drive, Finglas, on a single drugs trafficking charge. The charge relates to the recovery of 148 kg of cannabis resin on 29 November 2010 in Melilla. A European Arrest Warrant claims Mangan participated in an organisation dealing with drug trafficking, purchasing large amounts of drugs from Melilla. The High Court ordered his extradition in March, but Mangan appealed to the Court of Appeal, where judgment is reserved. The High Court found that Spanish authorities had monitored a telephone belonging to another individual who had contact with Mangan, but did not find evidence that Spanish authorities had authority to intercept a call in Ireland. Mangan's counsel argued that the interception breached his constitutional right to privacy. The Court of Appeal has remanded Mangan on bail until 11 December, when judgment is expected.
UK-based Ella McCarthy, a 12-year-old applicant, has launched High Court proceedings against An Coimisiun Le Rinci Gaelacha (CLRG) to challenge a six-month competition suspension. The suspension was imposed because Ella switched dancing teachers following her expulsion from a London school, triggering CLRG rules that require a six-month restyling period before a pupil can compete under a new registered teacher. McCarthy's counsel, Gerard Meehan BL, stated the action is a last resort after the CLRG refused an exemption application, arguing it is unfair to punish a child for an adult dispute. The applicant seeks an injunction to allow her to participate in the upcoming Irish Dancing World Championships qualifying round, which she claims she would otherwise miss, potentially affecting her ability to defend her previous world medal and her 2019 qualification status. The matter came before Mr Justice Paul Gilligan, who granted permission on an ex-parte basis to serve short notice of the proceedings on the CLRG. The case was adjourned and made returnable to Thursday's sitting of the High Court.
In a High Court case, Mr Graham Light, who was dismissed from his role as Commercial and Risk Advisor at the ESB on 11 October 2017, secured a temporary injunction preventing the termination of his employment and the cessation of his salary and benefits. Light claimed he was informed by senior ESB officials that an external security team had advised the Gardai that he was a "person of interest" and a security risk to national infrastructure in Ireland, Northern Ireland and Great Britain. He said the ESB had not told him the specific allegations and that the dismissal was presented as the last day of his employment. Light, 36, said the decision was irregular, unfair and had caused irreparable harm to his career and reputation. The court heard that the matter had been resolved and the proceedings could be struck out.
Friends of the Irish Environment CLG has filed a High Court challenge against the Government's National Mitigation Plan, arguing it is flawed and fails to meet the 2015 Climate Action and Low Carbon Development Act. The NGO contends the plan does not specify urgent measures to reduce greenhouse gas emissions, nor does it detail how emissions will be managed or removed to meet international and EU obligations, including the Paris Accord. The court action seeks to quash the government's approval of the plan and to have it remitted for revision in line with the Act's requirements. The group also requests declarations that the plan does not adequately account for the State's obligations under EU law and international agreements. Permission to proceed was granted ex parte by Mr Justice Seamus Noonan, with the case scheduled for a December hearing.
A high court challenge has been launched by local resident Brian Kingham and Blessington Sailing Club against Wicklow County Council's decision to allow a pedestrian and cycle track around Blessington Lakes. The challenge argues that the council's approval on 3 July 2017 breaches EU requirements for an Appropriate Assessment and fails to meet obligations under the 2000 Planning and Development Act and the EU Habitats Directive. The proposed track, made of crushed stone, would follow the lakeshore and include about 100 new culverts, 18 bridges over larger streams, fencing and minor landscaping. It would also upgrade existing tracks, involving excavation, geotextile membrane installation and a crushed limestone surface layer. The applicants, represented by Michael O'Donnell Bl, seek declarations that the council did not comply with the required assessments and that the development materially contravenes the Wicklow Development Plan. Permission to bring the challenge was granted ex‑parte by Mr Justice Seamus Noonan, who set a return date for December.
A High Court judge has requested further information on strip searches in a Northern Ireland prison before deciding on the extradition of an unnamed 40-year-old defendant. The defendant, Mr Damien Joseph McLaughlin, was arrested in County Donegal last March under a European Arrest Warrant issued by Northern Ireland authorities. He is wanted in connection with the murder of prison officer David Black in 2012, as well as charges related to engaging in conduct in preparation for acts of terrorism and being a member of a proscribed organisation. The maximum penalties applicable to each of the four offences are ten years, 15 years, and two penalties of life imprisonment. The judge rejected claims that restrictions on movement or strip searches in Maghaberry prison would constitute inhuman or degrading treatment. However, she noted that the use of full-body searches may be unnecessary due to available technology, as indicated by credible evidence from a Joint Oireachtas Committee. The judge requested further information from the Minister for Justice and the UK regarding the use of such technology. A resumed hearing will take place on November 21, and Mr McLaughlin was remanded in custody until that date.
The High Court heard concerns over whether Liam Campbell would receive a fair trial if surrendered to Lithuania. Liam Campbell (54) was arrested in Upper Faughart, Dundalk, Co Louth, on December 2nd, 2016, under a European Arrest Warrant issued by Lithuanian authorities. The warrant alleges that Campbell organised the smuggling of weapons in support of the Real IRA (RIRA) between the end of 2006 and the beginning of 2007. Remy Farrell SC, representing Campbell, raised objections to his surrender, citing concerns over potential pre-trial detention, the possibility of a trial not occurring, and the fairness of a trial in Lithuania, particularly regarding translation issues. An affidavit by Liam Campbell's brother, Michael Campbell, was presented. In 2011, Michael Campbell was found guilty of aiding a terrorist group and possessing arms in a Lithuanian court and sentenced to 12 years in prison. However, in 2013, an appeals court overturned the conviction, and a retrial was ordered by Lithuania's Supreme Court in 2014. Michael Campbell claimed his right to a fair trial was breached due to not receiving an English translation of the book of evidence and being provided with incomplete translations. The court also heard that Michael Campbell was asked to sign documents he did not understand and had concerns about the independence of the translators. Remy Farrell also raised concerns about prison conditions in Lithuania, including sanitation, visitation rights, and overcrowding. Patrick McGrath SC, counsel for the Minister for Justice, stated that a central question was whether there was an intention to charge and try Liam Campbell at the time of the warrant's issuance. The hearing continues tomorrow in front of Ms Justice Aileen Donnelly.
A High Court challenge to Dublin City Council's plans to convert Aisling House, a former guest house at 19 and 20 St. Lawrence Road, Clontarf, into accommodation for homeless families, has been struck out. The application was brought by local resident and artist Aidan Hickey, who alleged that the development constituted unauthorised works on a protected structure without planning permission or public consultation. Mr. Hickey claimed that the Council's August 2 order under section 179 of the Planning and Development Act, which permitted repair and renewal works, was flawed and represented a retrospective attempt to cure proceedings threatened by residents. He sought to quash the Council's decision and obtain declarations that the development was null and void, unauthorised, and a material contravention of the Dublin City Development Plan. Additionally, he alleged the works amounted to unauthorised alterations to protected structures and that the Council failed to comply with building regulations. The matter was heard before Mr Justice Charles Meenan. Counsel for Mr. Hickey, Arthur Cush BL, indicated that the matter could be struck out. The judge agreed to strike out the application. The case subjects identified include Aisling House and the Development Act, both acting as applicants in the procedural context. No plea, finding, sentence, or custody conditions were recorded, as this was a civil judicial review matter resulting in the striking out of the challenge.
In a High Court hearing, the Minister for Justice argued that there is no reason to refuse the surrender of Liam Campbell, a 54‑year‑old Irishman, to Lithuania where he faces charges of terrorism and weapons trafficking. Campbell was arrested in Dundalk on 2 December 2016 under a European Arrest Warrant issued by Lithuanian authorities. The warrant alleges that between late 2006 and early 2007 he organised the preparation for smuggling weapons to support the Real IRA, arranging for illegal possession of firearms, ammunition, explosives and related substances. If surrendered, Campbell could face a maximum sentence of twenty years' imprisonment. His barrister, Remy Farrell, opposed the surrender, arguing that pre‑trial detention would be significant and that a trial in Lithuania would raise concerns about fair trial rights, especially regarding translation. The hearing, expected to last three days, will resume tomorrow, with Campbell remanded on continuing bail.
In the High Court, Mr Justice Max Barrett reserved judgment in separate proceedings challenging Fingal County Council's decision to extend planning permission for a new €320 million, 3,110-metre runway at Dublin Airport. The applicants include the environmental group Friends of the Irish Environment and 22 individual residents, most of whom reside on Kilreesk Lane in St Margaret's, Co Dublin. A third related action was brought by the St Margaret's Concerned Residents Group against the Dublin Airport Authority (DAA). The DAA and Ryanair are notice parties in the proceedings, while the respondents and notice parties have opposed the actions. The challenges target the council's decision to extend the DAA's planning permission to construct the second runway, which is located on townlands north and north-west of the airport terminal. Following the conclusion of submissions on Wednesday, the judge stated he would deliver his decision "as soon as possible," acknowledging the parties' anxiety for a resolution. He noted the significant volume of submissions and documents in the three cases, which commenced on October 3rd. The court has previously reserved its decision in the third challenge brought by the St Margaret's Concerned Residents Group. The matter remains pending, with the judge indicating that his review of the extensive legal submissions would now begin.
The High Court heard submissions in three separate challenges to Fingal County Council's decision to extend planning permission for a second runway at Dublin Airport. In the first action, Friends of the Irish Environment claims the extension violates the Habitats Directive and the 2000 Planning and Development Act, and asserts a constitutional right to an environment. State counsel Ciaran Toland SC argued that no such unenumerated right exists in the Irish Constitution, describing the group's reliance on international consensus as speculative. The second challenge, brought by 22 residents from St Margaret's, Co Dublin, alleges the development is illegal because the Council failed to address local concerns or conduct a required Environmental Impact Assessment. The third action, brought by the St Margaret's Concerned Residents Group, claims pre-construction works by the Dublin Airport Authority in December 2016 constituted unauthorised development, a claim the DAA denies. The court has reserved its decision in the third case. The hearing of the first two actions before Mr Justice Max Barrett continues. The DAA, a notice party, intends to build a €320m runway as part of its hub plans, while Ryanair is also a notice party. Respondents oppose all actions.
In a High Court ruling on 11 October 2017, Mr Justice Donald Binchy quashed Dublin City Council's decision to convert Carman's Hall, Francis Street, into a hostel for homeless people. The council had authorised the change of use and refurbishment on 28 October 2016, arguing it was a response to an emergency humanitarian crisis. Local residents, represented by the Carman's Hall Community Interest Group, Michael Mallin House Resident's Association and community worker Elizabeth O'Connor, claimed the conversion contravened the area's local development plan and was unlawful. The judge accepted that the building had been used as a shelter to address an emergency but found the council's decision materially breached the development plan's objectives, particularly regarding concentration of facilities and local economic impact. The orders were quashed, and the hostel remained open pending a further court decision on 8 November 2017. The ruling highlighted the council's lack of proper consideration of planning objectives.
Gary Gleeson, 34, of Ballyfermot, was denied bail by the High Court on 11 October 2017. He faces charges of conspiracy to murder Michael Frazer between 28 July and 7 August, possession of a 9mm Luger pistol and 10 rounds of 9mm ammunition, and intent to endanger life on Naas Road, Crumlin, on 7 August. Gleeson applied for bail on 2 October, but the State objected. Garda Val Russell and Chief Superintendent Tony Howard argued the seriousness of the charges under Section 2A of the Bail Act, leading Judge Paul Butler to reject the application and remand Gleeson in custody.
In a High Court ruling on 10 October 2017, Mr Justice Paul Gilligan dismissed an application by Orla and Stephen Hallihan, who had been evicted from their family home with their five children, for orders against KBC Bank. The Hallihans sought an injunction to set aside a repossession order granted by the Cork Circuit Court in March 2015 and to allow them back into their house. The judge criticised the "meaningless" third‑party advice the couple had received, describing it as "totally unhelpful" and "meaningless as a matter of law." He noted that the Hallihans had not appeared at the Circuit Court when the repossession order was made, had not appealed the decision, and had not applied for an extension of time to bring an appeal. The judge found that the Hallihans had not presented a strong issue to justify an injunction, and that the balance of convenience did not favour setting aside the order.
A company of developer John O'Flynn, O'Flynn Capital Partners, has taken a legal challenge to An Bord Pleanala after the board refused planning permission for a Cabinteely development that would include 34 houses and an access road. The company seeks to have the board's decision of 17 July quashed. The development, which had earlier received permission from Dun Laoghaire‑Rathdown County Council, was appealed by local residents and others. O'Flynn Capital Partners argues that part of the proposed road lies within the Cherrywood Planning Scheme, a zone that the board cannot consider, and that the board's decision about the road outside that zone was made on irrelevant matters and was unreasonable. The company claims it has spent €15 million on land and planning fees and estimates construction costs at €50 million, with the project expected to create 240 jobs.
Mr Justice Brian McGovern referred alleged inconsistencies in the income declarations of Ben Gilroy to the Revenue Commissioner's Investigations Unit. In July, the judge found Mr Gilroy in contempt of court for an affidavit in Allied Irish Banks proceedings that accused the court of criminal intimidation. The judge was minded to impose a community service order in lieu of three months in prison. On Friday, the court noted a Probation Service report deemed Mr Gilroy suitable for 80 hours of community service. However, the judge highlighted a discrepancy: Mr Gilroy had previously stated he had no income to qualify for legal aid, yet the probation report indicated full-time employment. The judge stated the court lacked resources to investigate this and referred the matter to Revenue, noting the DPP could liaise with them regarding potential false declarations. The judge also cited another inconsistency where Mr Gilroy claimed to lack a passport while expressing a desire to holiday in Spain. Counsel for Mr Gilroy maintained his client has no income. The contempt arose from an affidavit in AIB's enforcement of a €3.25m judgment against Seamus McQuaid, where Mr Gilroy made allegations against the court and AIB's legal team. Mr Gilroy admitted criminal contempt and apologized. The underlying AIB proceedings, which also involved co-accused Charles McGuinness, remain adjourned and will return to court later this month.
The Health Products Regulatory Authority (HPRA) has been joined as a defendant in a personal injury action brought by Aoife Bennett, who claims she suffered narcolepsy and cataplexy after receiving the Pandemrix swine flu vaccine in 2009. Ms Bennett is one of approximately 70 plaintiffs suing the Minister for Health, the HSE, and GlaxoSmithKline (GSK). In a trial-stage procedural application, the Master of the High Court, Mr Edmund Honohan SC, granted permission to add the HPRA to the case. Ms Bennett's solicitor, Gillian O'Connor, stated that the application followed the discovery of 4,500 documents from GSK, which allegedly revealed that the former Irish Medicines Board possessed safety data showing Pandemrix had adverse effect rates up to seven times higher than a similar Canadian-made vaccine, Arepanrix. It is alleged that the HPRA breached its duty of care by failing to adequately monitor the vaccine's safety or inform the public of these risks, despite public brochures claiming the vaccine was safe and well-tested. The HPRA was not represented at the hearing but stated in correspondence that it does not admit any culpability. The matter remains ongoing as discovery processes continue regarding the authority's handling of the safety records.
The High Court heard that local residents' concerns regarding Dublin Airport Authority's (DAA) application to extend planning permission for a new €320m runway were not considered by Fingal Council. Counsel for 22 individual residents, including members of St Margaret's Concerned Residents, argued that the council excluded their submissions, claiming they were "shut out" of the process. The residents allege the extension is illegal because the council failed to address their concerns and did not carry out a required Environmental Impact Assessment. A separate action by Friends of the Irish Environment contends the decision breaches the Habitats Directive and the 2000 Planning and Development Act. The respondents, including Fingal County Council and the State, oppose both actions, with Ryanair listed as a notice party. In a related matter, Mr Justice Max Barrett reserved judgment on a challenge by St Margaret's Concerned Residents Group, who claim pre-construction works by the DAA constitute unauthorised development due to an alleged breach of waste management conditions. The DAA denies this claim. The current hearing, which is the second of three sequential challenges, continues and is expected to last several days.
The first of three legal challenges to the proposed €329m second runway at Dublin Airport opened at the High Court before Mr Justice Max Barrett. The St Margaret's Concerned Residents Group, acting as applicants against the Dublin Airport Authority (DAA), alleges that pre-construction works carried out in December 2016 constitute unauthorised development. Counsel for the residents claimed the DAA breached a 2007 planning permission condition by failing to submit a waste management plan to Fingal County Council before demolition began, with the plan only submitted in February 2017. They further alleged that removed materials contained toxic substances, including asbestos. The DAA, represented by counsel, opposed the action, arguing no unauthorised development occurred. They stated the late submission was an error that was rectified before the legal action commenced and that the plan was adhered to thereafter. Counsel for the DAA requested the court exercise discretion to deny the sought orders, citing the project's public importance. The hearing of this case continues and is expected to conclude on Wednesday. Two further challenges are pending: one by 22 individual residents alleging Fingal Council failed to address local concerns, and another by Friends of the Irish Environment. The latter argues the planning decision violates the Habitats Directive and the 2000 Planning and Development Act, and will increase greenhouse gas emissions. These subsequent actions are brought against Fingal County Council and the State, with the DAA as a notice party.
Freddie Thompson, 36, was charged with the murder of David Douglas, 55, on 1 July 2016 at Bridgefoot Street, Dublin. In a High Court hearing on 3 October 2017, Judge Paul McDermott refused Thompson's bail application, citing flight risk and the seriousness of the charge. Thompson, wearing a grey zip‑up jumper, shouted obscenities at the judge, saying "Fuck off, I'm not listening to that" and "I'm not fucking going back in", and attempted to leave the courtroom. Two women present left before the judge finished ruling. The State, represented by Ronan Prendergast BL, objected to bail on the grounds of flight risk and potential further serious offences. Sergeant Brendan Brogan of Pearse Street Garda Station and Chief Superintendent Francis Clerkin provided evidence supporting the refusal under Section 2A of the Bail Act. Thompson was remanded in custody and the DPP had previously obtained an order for him to face trial at the Special Criminal Court.
A High Court judge will decide whether 36‑year‑old Frederick "Freddie" Thompson, who lives on Loreto Road, Maryland, Dublin 8, should be granted bail. Thompson is charged with the murder of 55‑year‑old David Douglas, who was killed on Bridgefoot Street, Dublin, on 1 July 2016. The Director of Public Prosecutions had previously obtained an order for Thompson to be tried at the Special Criminal Court, arguing that ordinary courts were inadequate for effective administration of justice. Thompson applied for bail in the High Court, but the State objected. Sergeant Brendan Brogan of Pearse Street Garda Station told the court that the seriousness of the charge made Thompson a flight risk and that his release could lead to further serious offences. Chief Superintendent Francis Clerkin also testified that, under Section 2A of the Bail Act, refusal of bail was necessary to prevent the commission of a serious offence.
In a High Court hearing on 2 October 2017, Mr Derek Cervi, a Dublin resident, received an apology from Penguin Random House Ireland Limited and the book's authors, Owen Conlon and Stephen Breen, following his defamation lawsuit. Cervi had sued over the book "The Cartel: The Shocking true story of the rise of the Kinahan crime cartel and its deadly feud with the Hutch gang," which he claimed wrongly stated he had been arrested and released without charge by the Gardaí, and incorrectly linked him to criminality. He also sought damages, orders to correct the statements, and recall of unsold copies. The court was informed that the proceedings had been resolved, and an apology was read by Cian Ferritter SC on behalf of the defendants. The apology acknowledged the erroneous reference to Cervi's arrest, confirmed he had not been arrested, and stated that Penguin would correct the error in future editions.
The State has decided not to appeal the High Court's refusal to extradite 60‑year‑old Ian Bailey to France over the 1996 death of Sophie Tuscan du Plantier. Bailey, who denies any role in the death, was previously sought by French authorities in 2010 and again last summer for alleged voluntary homicide. Mr Justice Tony Hunt dismissed the Minister for Justice's application as an abuse of process. During the hearing, solicitor Gareth Lynch informed the court of the State's decision, and Mr Justice Hunt granted Mr Bailey costs for the case.
A former Catholic priest has filed a High Court application to stop his upcoming trial for alleged indecent assault of a boy over 30 years ago. He argues that the delay in prosecution, the destruction of documents he requested, and the lack of fair procedures have compromised his right to a fair trial. The case, set for the Dublin Circuit Criminal Court, was heard by Mr Justice Seamus Noonan, who allowed the challenge to proceed on an ex‑parte basis and adjourned the matter to October.
Sean Walsh, 50, of St John's Well, Fair Hill, Co Cork, was charged on 14 December 2016 with membership of an unlawful organisation, the Irish Republican Army (IRA). He applied for bail in the High Court, but the State objected. Detective Sergeant Patrick Murphy, representing the State, argued that the seriousness of the charge and the risk of further serious offences warranted denial of bail. Chief Superintendent Barry McPolin also supported the objection under Section 2A of the Bail Act, stating that refusing bail was necessary to prevent a serious offence. Judge Paul Coffey noted that the case had been before the court on 10 February, when bail was denied, and that no material change had occurred to alter that decision. Consequently, the court rejected Walsh's bail application under Section 2 of the Bail Act 1997, and he was remanded in custody.
In a High Court hearing on 29 July 2017, residents from O'Reilly Avenue, Ceannt Fort and Mount Brown in Dublin 8 sued the National Paediatric Hospital Development Board and BAM Civil Limited, the builders of the new €1bn children's hospital, claiming their homes had been damaged by construction works. The residents sought injunctions to halt further work until remedial measures were taken. Both BAM and the Development Board opposed the injunctions. After negotiations, the parties reached an agreement that satisfied all, and the injunction application was withdrawn. The case was adjourned pending the full hearing, and the terms of the settlement remain confidential. The court noted that the residents do not oppose the hospital's construction and that the injunction was not a "rogue application." The judge congratulated the parties on reaching a settlement.
Patrick O'Sullivan, a minority shareholder holding 28 % of Conroy Gold and Natural Resources plc, brought a High Court action under the Companies Act alleging oppression. He claimed the board, chaired by Professor Richard Conroy, was planning to dilute shareholders before an extraordinary general meeting on 4 August to defeat his resolutions. O'Sullivan's lawyers sought interim orders to prevent dilution. The defendant's counsel, Brian O'Moore, confirmed that no new shares would be issued until the meeting, and that the plaintiff's shares would not be diluted. O'Sullivan's case was described as misconceived, and the parties agreed to a general adjournment, allowing either side to re‑enter if necessary. The court noted that O'Sullivan had previously raised concerns about governance failures and excessive board remuneration. The case was adjourned generally by Mr Justice Tony O'Connor.
In a High Court case, Mr Justice Paul Gilligan granted an injunction to a bank‑appointed receiver, George Maloney, giving him possession of the Grange House in Ballyboughal, Co. Dublin. The property, described as an "eight‑bedroom, Dallas‑style mansion" with a pool, helicopter hangar and bar, is owned by Jeremiah (Jerry) Donovan and his wife Bridget. The injunction, pending the dispute's final outcome, requires the Donovans to vacate the house by the close of business on Friday and to hand over vacant possession. The judge also ordered that the receiver work with an auctioneer appointed by the Donovans to sell the property. The Donovans opposed the application, arguing the house is their private residence and that the receiver has no right to possession or sale. The court noted the injunction could be reviewed at the full hearing. The injunction remains in force until the case is resolved.
Singer Sinead O'Connor is sued by former manager Fachtna O'Ceallaigh and his company TAL Management Limited for breach of contract and defamation. O'Ceallaigh claims the company provided managerial services to O'Connor for several years under a monthly fee plus commission and expenses, and that a new agreement in 2011 was substituted for him but not executed, yet the parties performed its terms. He alleges O'Connor terminated the agreement in April 2012 without warning, which he says was not entitled, and seeks over €500,000 in damages and a declaration that the termination was invalid. O'Ceallaigh also claims O'Connor defamed him in an open letter published on her website and a fan's site in 2012, in response to a newspaper article about the end of their commercial relationship. O'Connor denies having any agreement with TAL or O'Ceallaigh and denies the defamation claim.
In a High Court hearing on 26 July 2017, Mr Justice Paul Gilligan urged residents of O'Reilly Avenue, Ceannt Fort and Mount Brown to consider mediation over alleged damage to their homes caused by construction works for the new National Children's Hospital in Dublin. The residents, who live near St. James Hospital, claim their properties have suffered "very significant damage" from the hospital's building activities and seek an injunction to halt further works until remedial measures are taken to protect adjoining houses. Shane Murphy SC, representing BAM Civil Limited, warned that an injunction could stop all construction on the site. Jarlath Fitzsimons SC for the National Paediatric Hospital Development Board offered to mediate rather than fight the injunction. John Rogers SC for the residents clarified that they do not want to halt the hospital project, only to ensure protective steps are implemented.
A High Court judge has awarded €150,000 in damages to singer Tommy Fleming, his wife Tina Mitchell Fleming, and their company TF Productions following an unauthorised broadcast of their copyrighted material by Irish TV. The court heard that the broadcaster, which operated from Westport Industrial Park in County Mayo, transmitted Mr Fleming's promotional DVD for his 2004 recording Voice of Hope in December 2014 without permission, rebranding it as the Tommy Fleming Musical Extravaganza. Mr Justice Paul Gilligan found that the copyright infringement caused serious damage to Mr Fleming's entertainment career and professional standing. The judge awarded €100,000 for intellectual property infringement and €50,000 to the production company to offset losses incurred in mitigation efforts. Legal costs were also awarded to the plaintiffs. Irish TV, which operated a 24-hour channel across multiple platforms, did not contest the application. The broadcaster is currently in liquidation.
Two men sought by Northern Irish authorities in connection with the attempted murder of a PSNI officer have been granted leave to pursue judicial review at the High Court. The applicants, arrested in County Donegal in 2015, allege that An Garda Síochána failed to provide custody records, statements, and details of samples taken during their detention at Letterkenny and Milford stations. They contend the withheld information is material to defending extradition proceedings. Ms Justice Aileen Donnelly agreed to hear the applications and scheduled a motion returnable for October 9th. The men, who face charges including possession of explosives with intent to endanger life, remain on continuing bail. Extradition proceedings have been adjourned pending the judicial review hearing.
In a High Court case, 65‑year‑old James Foley was awarded €92,000 in damages after he injured his left shoulder while loading a four‑year‑old horse onto a lorry for trainer Margaret Mullins at Canterbrook Stud on 18 November 2013. Foley claimed that the horse became spooked, causing him to fall, and that Mullins, who was present, failed to assist him in securing the horse, thereby breaching her duty of care under the 2005 Safety, Health and Welfare at Work Act. Mullins denied the allegations, asserting that the horse was on the ramp when it became unsettled and that Foley had contributed to his injuries by mishandling the animal. Judge Michael Hanna found Foley's version of events more credible, noting that he was an experienced horseman and that Mullins was his employer at the time, and therefore owed him a duty of care.
Two men, James Walsh, 33, and Jonathan Harding, 44, were arrested after a firearms cache was found in Greenogue Business Park, Rathcoole. They face charges under the Firearms Act for unlawful possession of five revolvers, 20 rounds of ammunition and a silencer. Both applied for bail in the High Court, but the State objected, arguing they were flight risks. Detective Sergeant Michael Cuffe and Detective Chief Superintendent Patrick Lordan presented evidence that bail would risk further serious offences. Judge Tony Hunt rejected the bail applications, remanding the men in custody.
Two men wanted in Northern Ireland on charges of attempted murder of a PSNI officer and possession of explosives with intent to endanger life have brought High Court applications seeking disclosure of Garda records following their arrest in the Lifford area of County Donegal in June 2015. The applicants claim Gardaí have failed to provide custody records, copies of statements, and details of forensic samples taken during their detention. They argue the withheld information is relevant to extradition proceedings and that its non-disclosure breaches their Constitutional rights and rights under the European Convention on Human Rights. The men contend evidence gathered in custody should not be used in their intended Northern Irish prosecution. Ms Justice Margaret Heneghan heard the matter at the High Court and referred the judicial review applications to Ms Justice Aileen Donnelly, who is hearing the related extradition requests. Ms Justice Donnelly will determine whether to hear both applications together. The matter was adjourned pending her decision.
Two men, James Walsh, 33, and Jonathan Harding, 44, were arrested on 24 January after a firearms cache was found in a Greenogue Business Park unit. The cache included five revolvers, 20 rounds of ammunition and a silencer. They face charges under the Firearms Act for unlawful possession. A High Court judge will decide whether to grant bail. Detective Sergeant Michael Cuffe argued that if released they would be flight risks and might avoid trial. Detective Chief Superintendent Patrick Lordan presented evidence that bail should be refused to prevent a serious offence. Justice Tony Hunt will deliver his judgment tomorrow.
The High Court has granted an injunction in a dispute over Valley Lane, Portrane, North Co Dublin. Applicants, including Desmond Guinness, alleged that owners Kieran and Maura Morrissey blocked the lane by locking a gate, placing stones, and digging a trench, preventing residents from accessing the public road. The applicants claimed a long-standing right of way existed. The Morrisseys denied wrongdoing, stating no right of way exists on the land folio and that their actions were necessary to remove hazardous rubble placed by the plaintiffs. Mr Morrissey alleged the plaintiffs had locked him and his family in their home on two occasions and that he was assaulted in April. In a sworn statement, Mr Guinness alleged Mr Morrissey engaged in intimidating and abusive behaviour and threatened his family with imprisonment for trespass. Ms Justice Carmel Stewart granted the injunction, ordering the Morrisseys to restore the lane for vehicular and pedestrian access by the close of business on Tuesday. A gate may remain at the top of the lane but must not be locked. The judge cited the need for emergency vehicle access as a key ground for the order. The injunction remains in place until the full hearing of the dispute, where the applicants also seek a declaration that a right of way exists.