Francis McGuinness, a Dublin businessman who sells articulated trucks, has filed High Court proceedings to stop the Gardai from watching or besetting him at his home or business. He claims that for several years the Gardai have intimidated him, seized his property and acted unlawfully. In a sworn statement he said he is not a criminal and that an incident earlier this month involved a Gardai stopping him on the M50, informing him his motor insurance had been cancelled 45 minutes earlier, and calling the Garda commissioner "Mammy." McGuinness alleges the Gardai warned him of a breach of the peace, said they "knew his face" and would see him again. He seeks injunctions preventing the Gardai from attending his premises, from seizing further property, and for the return of property he says was unlawfully taken, including a Kobelco excavator and a Volvo truck that were sold in contravention of 2013 court orders.
In a High Court case, residents from O'Reilly Avenue, Ceannt Fort and Mount Brown allege that their homes were damaged by works carried out by the National Paediatric Hospital Development Board and BAM Civil Limited during construction of the new National Children's Hospital. The judge, Mr Justice Paul Gilligan, allowed the residents' lawyers to serve short notice to the defendants and set a return hearing for the following Wednesday.
A 71-year-old UK citizen with an address in County Roscommon has been ordered to be surrendered to British authorities to face charges of assisting in the rape of her daughter approximately 40 years ago. The High Court heard the woman is accused of indecent assault and joint rape with her then husband at addresses in West Sussex and Devon in the late 1970s, when the complainant was between 10 and 15 years old. The offences were first reported in 2013. Ms Justice Aileen Donnelly ordered the woman's surrender following a European Arrest Warrant issued last March, rejecting arguments based on the age of the alleged offences and the defendant's significant health conditions, including chronic obstructive pulmonary disease and extreme obesity. The judge found insufficient medical evidence supporting claims of unfitness to be tried or imprisoned. However, surrender was postponed on humanitarian grounds to allow the woman to gather medical records and attend appointments. She was remanded on continuing bail to return before the High Court on 2 October.
A 40-year-old man from Belfast, arrested in County Donegal in March on a European Arrest Warrant, appeared before the High Court on 19 July to contest his extradition to Northern Ireland. The man faces charges relating to the November 2012 murder of prison officer David Black, as well as allegations of involvement in preparation for acts of terrorism and membership of a proscribed organisation. His legal team argued there is a real risk of treatment contrary to Article 3 of the European Convention on Human Rights if he is returned, citing concerns about forced body searches at Maghaberry prison conducted in what they described as a degrading and aggressive manner. The State's counsel contended there was insufficient evidence to support such claims, noting the reported incidents occurred seven years prior. Justice Aileen Donnelly adjourned the matter to 26 July to allow further evidence to be presented and clarification sought regarding an affidavit submitted in support of the application. The applicant was remanded in custody pending the resumed hearing.
In a High Court hearing before Mr Justice Paul Gilligan, insolvency practitioner George Maloney, acting as receiver for KBC Bank, sought possession of Grange House Ballyboughal in Co Dublin. The applicant alleged that Jeremiah and Bridget Donovan unlawfully re-occupied the eight-bedroom mansion after breaking back into the property, which Maloney had secured in June. Counsel for the receiver described the property as resembling a set from the TV series 'Dallas,' noting features such as a swimming pool, helicopter hangar, and a bar named Donovans. The Donovans were accused of refusing to vacate or provide access to the receiver's staff, while simultaneously marketing the home for sale online at US$7m. Although the defendants claimed the property was their family home and that they were merely retrieving personal items, the receiver contended they reside in England. Maloney was appointed receiver in May following the defendants' alleged failure to satisfy a €1.2m debt on loans advanced in 2003 and 2005. Following an ex parte application, the court granted permission to serve short notice of the injunction proceedings on the Donovans. The matter was adjourned and made returnable to a date next week.
Paul Lynam of Weirview Gardens, Lucan, has filed a High Court case against Thomas Kelly of Weirview Cottages, Lucan, seeking orders to stop rock slides from a 36‑square‑metre embankment owned by Kelly that lies behind Lynam's property. Lynam says the embankment, 7–8 m high, has produced more rockfall recently, including a 100 kg boulder that fell in May and damaged his decking. An engineer he hired concluded that removing vegetation and installing an automatic watering system—attributed to Kelly—likely caused the increased rockfall. Lynam alleges that continued erosion could endanger his and neighbouring properties, potentially causing injury or death. He requests injunctions to compel Kelly to halt vegetation removal and the use of the watering system, and to prevent further deterioration of the embankment. The judge granted Lynam's lawyers permission to serve short notice of the injunction proceedings on Kelly and adjourned the matter for a week.
An application to wind up Irish Asphalt Ltd has been filed with the High Court by James Elliot Construction (JEC). The petition seeks a liquidator for the company, part of the Lagan Group, over an alleged unpaid debt exceeding €2.4 million. Irish Asphalt, its directors, and Lagan Holdings Ltd – the largest creditor – oppose the petition, arguing that JEC's motive is to gain an advantage in separate deceit proceedings involving the company, its directors Kevin and Terry Lagan, John Gallagher, and Lagan Cement Group Ltd. The debt stems from a 2011 High Court judgment concerning a stone infill supplied by Irish Asphalt to JEC for the Ballymun Central Youth Facility, which contained excessive pyrite and required major repairs. The case was appealed to the Supreme Court and then to the European Court of Justice, but the Supreme Court dismissed the appeal and the ECJ's findings did not aid Irish Asphalt.
Skydive Ireland Ltd and its director, David Byrnes, both of Kilkenny Aerodrome Holdensrath, have launched a High Court action against Kilkenny County Council. The applicants challenge an enforcement notice issued by the council in May, which requires the company to cease all sponsored skydiving operations at the airfield. The council alleges the applicants breached planning laws by intensifying an existing use, a claim the applicants reject in sworn statements, arguing that skydiving is exempt from planning permission and that no intensification occurred. The applicants, represented by Jack Tchrakian Bl, seek orders to quash the council's decision and a stay on the enforcement notice's powers until the proceedings are determined. They contend the council breached their legitimate expectation, having previously assured them in 2014 that the airfield was an authorised development for skydiving, an activity the site has hosted since 1965. Although An Bord Pleanala ruled in 2015 that the activities constituted development, the applicants claim the council's current position is unlawful and infringes their constitutional property rights. Ms Justice Margaret Heneghan granted permission to bring the action on an ex-parte basis. The judge made the matter returnable to a date in October, while the specific application for a stay has been adjourned for a week.
Eugene O'Toole, a Leading Sick Berth Attendant in the Irish Naval Service, has filed a High Court claim against the Minister for Defence, the Attorney General and Lt Commander Niall Manning. The suit arises from an incident on 22 September when O'Toole brought a quantity of duty‑free cigarettes aboard the LE James Joyce, which had just rescued 2,500 migrants. O'Toole says he had obtained permission from a superior officer to bring the cigarettes, but the commanding officer demanded they be unloaded within 15 minutes or charges would be brought. Three charges were considered by Lt Commander Manning in April; two were dismissed, but one—concerning conduct prejudicial to good order and discipline under section 168 of the 1954 Defence Act—was found proven, resulting in a reprimand. O'Toole alleges that Manning's prior involvement in the matter deprived him of fair procedures and that his constitutional rights were breached.
Klaus Balz and Hanna Heubach, residents of Bear na Gaoithe, Inchigeelagh, Co Cork, have brought a High Court challenge against An Bord Pleanala's decision to grant planning permission for the Cleanrath Inchigeelagh wind farm. The applicants, represented by David Holland SC, allege that the planning authority failed to properly consider the increased noise generated by the proposed up to 11 turbines, arguing this renders the decision flawed. They seek an order quashing the permission, along with declarations that An Bord Pleanala failed to conduct a proper Environmental Impact Assessment, breached the rules of natural justice, and made an unreasonable decision. Counsel stated that the development would quadruple perceived loudness in the area. Cork County Council originally granted permission in 2016, subject to approximately 40 conditions, which was subsequently appealed by the developer, Cleanrath Windfarm Ltd. Cork County Council and Cleanrath are notice parties to the proceedings. Mr Justice Seamus Noonan granted permission to bring the challenge on an ex-parte basis. The matter was adjourned and made returnable to a date in October.
The Garda Síochána Ombudsman Commission (GSOC) applied to the High Court for transcripts of the Special Criminal Court's proceedings involving Adrian Crevan Mackin, who shot Garda Anthony Golden in 2015 and later committed suicide. GSOC's request, made by counsel Mr Ronan Kennedy, sought transcripts from the twelve occasions Mackin's case was mentioned, including his bail status. The Special Criminal Court, a non‑jury court, ruled that it lacked both inherent and express jurisdiction to grant the application, stating that the High Court had the authority to consider such requests. Justice Isobel Kennedy, with Judges Gerard Griffin and Gerard Haughton, advised that the application should be directed to a High Court judge. The DPP's counsel, Mr John Byrne, agreed that the Special Criminal Court did not have jurisdiction and that the matter should be brought before the High Court. The court thanked the parties for their remarks. The ruling was issued on 5 July 2017.
A construction company director from Roscommon faces uncertainty over his extradition to the United Kingdom, the High Court heard on 4 July 2017. Thomas Joseph O'Connor, aged 49, was convicted in his absence at Blackfriars Crown Court of involvement in a £5 million tax fraud and sentenced to four-and-a-half years' imprisonment in January 2007. Following extradition proceedings begun in 2009, the Court of Appeal and Supreme Court dismissed his appeals in 2015 and March 2017 respectively. His counsel argued that Brexit creates a "legal limbo" for Mr O'Connor, contending he should have a complete re-hearing due to uncertainty surrounding the protection of his rights after the UK's planned departure from the European Union on 29 March 2019. The State's counsel countered that such concerns were premature speculation, noting no evidence suggested Mr O'Connor would lose fundamental rights. Justice Aileen Donnelly remanded him on continuing bail, with the hearing adjourned to resume the following day.
Gwen Bradley, partner of 28‑year‑old Evan Morrissey, has filed a High Court action to quash the inquest verdict into his death. Morrissey died on 22 March 2014 at Cork University Hospital after being discharged from South Tipperary General Hospital three times for severe headaches. The inquest, held by coroner Philip Comyn, returned a narrative verdict that he died from a re‑bleed of a cerebral artery aneurysm. Bradley claims the inquest was conducted unlawfully, that the coroner limited the scope of the inquiry, and that relevant evidence was excluded. She alleges the coroner acted ultra vires, breaching the Constitution and the European Convention on Human Rights, and that the jury did not receive all pertinent evidence. The court granted permission to proceed and set a return date for October.
Karen Middleton and her six‑year‑old son have been living in a tent outside Carlow County Council's offices since 12 June after the council refused to provide further emergency accommodation. The High Court challenge, presented by barrister David Leonard Bl on behalf of Middleton and her son, seeks an order directing the council to consider their application for emergency homeless accommodation through social housing or other means, and to quash the council's decision that they could reasonably use alternative accommodation until Middleton can rent a property. The action is based on claims that the council's refusal is unlawful, irrational, and breaches constitutional rights and the European Convention on Human Rights. The case was heard by Mr Justice Seamus Noonan, who adjourned it to Wednesday. The court was told that Middleton had previously been offered short‑term B&B accommodation, had staged sit‑ins at the council's offices, and had been arrested by Gardai during one of these protests.
Dublin City Council has initiated High Court proceedings to close a newly-opened bar/restaurant, Roberta's, located on the first floor of Dollard House at Wellington Quay and Essex Street East Dublin 2, until it complies with building regulations. The action, brought under the 1990 Building Control Act, targets Workman's Club Ltd and Keywell Designated Activity Company, alleging they operate the premises without necessary certificates and approvals. Dublin City Council claims the restaurant poses a risk to staff and customers due to non-compliance with fire safety and disability access requirements. Counsel for DCC, Stephen Dodd BL, stated that the restaurant opened after extensive building works and that inspections revealed gaps in fire-resistant coatings, raising concerns about structural integrity. The judge, Mr Justice Seamus Noonan, granted DCC permission to serve short notice on the respondents and adjourned the matter to Friday's sitting of the court. No pleas, findings, sentences, or other finalisations were recorded in the procedural stage of the hearing_or_decision.
In a High Court hearing on 30 June 2017, Mr Justice Paul Gilligan expressed concern about a trend he observed where foreign‑owned funds or their receivers seek to evict occupants on the basis of fire safety. He referred to the case of Targeted Investment Opportunities ICAV (TIO) against a young couple, Sean O'Nuanain and Melanie Mook, who occupy 85‑86 Barrack Street, Cork. TIO, which claims to have purchased the property in December 2014 and registered full ownership in March 2015, seeks an injunction to prevent the couple from staying on the premises, citing an engineer's report that identified fire safety and structural issues. The couple, who are expecting their first child, argue they have a written agreement allowing them to remain, have lived and operated a business there for years, and have made repairs and investments in the property. They fear eviction would leave them homeless.
In 2017, Eric Eoin Marques, a 30‑year‑old Dublin resident, sought to stop his extradition to the United States. The FBI had labelled him the world's largest facilitator of child pornography, alleging he owned and ran the anonymous hosting site Freedom Hosting. U.S. authorities charged him with conspiring to distribute and advertise child pornography, involving violent images of pre‑pubescent children on over a hundred anonymous sites. Marques had been in custody since August 2013 and had previously challenged the High Court's 2015 order for his surrender, with the Court of Appeal dismissing his appeal. He also sued the Director of Public Prosecutions for not prosecuting him in Ireland, offering a guilty plea, but both the High Court and Court of Appeal rejected his actions. The Supreme Court declined his appeal on that matter, and an application to the European Court of Human Rights failed.
Oxigen Environmental Unlimited Company has taken Kollect on Demand Ltd to the High Court over a dispute concerning the collection of waste bins in Waterford City. Oxigen alleges that in 2016 it discovered that Kollect was collecting some of its bins and that, after Oxigen complained, Kollect gave written undertakings not to use Oxigen's bins or waste receptacles. Oxigen further claims that Kollect has been placing stickers bearing its own logo on bins that Oxigen says are its property. Oxigen seeks several injunctions: to prevent Kollect from using its bins or waste receptacles, from placing its stickers on Oxigen‑branded bins, and from asserting any entitlement to use Oxigen bins for waste collection. The judge granted Oxigen permission to serve short notice on Kollect and set a return date in July. Oxigen says the dispute threatens its business and that it has not received a response from Kollect to its cease‑and‑desist request.
A 26‑year‑old man, Jason Keating of Lower Main Street, Rush, was charged with the murder of Noel Kirwan, 62, outside Kirwan's house on St Ronan's Drive, Clondalkin, on 22 December 2016. He applied for bail in the High Court on 28 June 2017, but the State objected. Inspector Mark O'Neill argued that Keating would commit further offences if released and might not attend trial. Chief Superintendent Lorraine Wheatley also opposed bail under Section 2(A) of the Bail Act, citing the need to prevent serious offences. Judge Paul Butler rejected the application, and Keating was remanded in custody.
An appeal has been lodged against a High Court ruling that cleared the way for more than 300 damages actions by investors who had invested in five Belfry Funds promoted by Allied Irish Bank and five directors of the Belfry Properties group, including Tony Kilduff and John Rockett. The High Court judge, Mr Justice Robert Haughton, held that while some elements of the claims are statute‑barred, the cases can proceed to full trial. The investors, who invested between €75,000 and €440,000 between 2002 and 2006, allege that the funds were promoted by the bank and the directors and that they suffered losses when the funds collapsed. They claim the defendants were negligent, breached contract and fiduciary duty. The defendants deny the allegations. The appeal is now before the Court of Appeal and will be heard early next month, with no stay on the High Court order.
A business partnership that includes broadcaster Gay Byrne has reached a settlement in its Commercial Court dispute with Launceston Property Finance over loan repayments on a central Dublin investment property. The partnership, known as Firstwood, had originally secured a loan from Anglo Irish Bank in 2000 to purchase a block of offices, retail units and a car park at St Andrew's Lane, Dublin 2. In 2014 the fund acquired the loan, which was due to expire in 2020, and in 2016 issued a demand for full repayment of the €6.7 million outstanding balance, appointing a receiver and threatening that failure to remit rental income within 28 days would constitute a default. Firstwood contested the claim, arguing the loan was fully performing and that the fund had contrived a default. The court heard that the property was valued at €13.55 million in 2014.
Stephen Penrose, 35, of No Fixed Abode, was charged with attempted robbery and possession of a screwdriver after an incident in a supermarket car park in Kilcock, Co Kildare on 14 May. He had been remanded in custody following a 17 May appearance at Naas District Court and sought bail in the High Court on 26 June. Counsel for the Director of Public Prosecutions, Barry Ward BL, argued that the State objected to bail on several grounds, citing the O'Callaghan principles and Section 2A of the Bail Act. Ward cited concerns that Penrose was a flight risk, might commit further offences, and could interfere with witnesses. He referenced statements from Chief Superintendent Gerard Roche and Detective Sergeant Aidan Hannon of Leixlip Garda Station. Mr Justice Patrick McCarthy considered the evidence and, under Section 2 of the Bail Act, refused the bail application, stating the refusal was necessary to prevent the commission of a further serious offence.
In a High Court ruling on 23 June 2017, Mr Justice Paul Gilligan ordered that all residents of 24 Mountjoy Square, a Dublin city centre property subject to a fire safety notice issued in August 2016, vacate the premises by 9 July. The judge, while expressing sympathy for the Polish family of 12 who had lived there and wished to remain, stated that the court could not ignore the fire safety risk. The order also required up to a dozen students living in the building's windowless basement to leave. Fire wardens were to remain on site until the vacate date. The receiver, Ms Anne O'Dwyer, sought vacant possession, citing non‑compliance with the safety notice, while the owner, Mr Christopher Singh, contested the receiver's appointment and claimed work had been done to address the issues. The case was adjourned to a July hearing.
In a High Court hearing, it was ordered that a family and other residents of a Dublin City Centre building at 24 Mountjoy Square, which also houses 24 Charles Lane, must vacate the premises over the coming days and weeks. The building, deemed a potential fire safety risk, had received a fire safety notice from Dublin City Council in August of the previous year. Ms Anne O'Dwyer of Duff & Phelps, acting as receiver since March, had initiated proceedings to secure vacant possession, citing non‑compliance with the notice and the danger posed to residents, neighbouring buildings and the public. The receiver's case was directed at the owner, Mr Christopher Singh, and TWI Textile Machinery and Fabric Company Ltd, which partially occupies the property. Mr Singh, a director and sole shareholder of the company, opposed the receiver's appointment and hired an expert to address the fire safety issues. The court adjourned the matter to allow the parties to negotiate.
Patrick McNamee, who has 164 prior convictions, was charged with being unlawfully at large for breaching a condition of temporary release from Mountjoy Prison that he be of good behaviour. Six days after his release in December 2015, Gardaí alleged he was seen trespassing on residential property. McNamee's lawyers argued that the charge was too vague and uncertain to be tried, claiming it could encompass anything from poor table manners to spitting in public. The High Court refused leave to bring judicial review proceedings in May. In the Court of Appeal, counsel Patrick McGrath SC presented the argument that the charge effectively meant not being of good behaviour, specifically an attempt to commit burglary. The three‑judge panel, including Mr Justice George Birmingham, Mr Justice Alan Mahon and Mr Justice John Edwards, reserved its judgement.
Patrick O'Reilly, 49, of Brownswood, Enniscorthy, was denied bail by the High Court after being charged with threatening to kill Garda Paul Donoghue and Detective Inspector John Hunt in February in Limerick. The State argued that O'Reilly was a flight risk and could interfere with witnesses, citing O'Callaghan objections and Section 2A of the Bail Act. Justice Michael Moriarty ruled the bail refusal necessary, hearing evidence from Chief Superintendent John Roche and the two Gardaí who were allegedly threatened. O'Reilly now awaits trial at Clonmel Circuit Court.
In a High Court hearing on 16 June 2017, the court was told that up to 20 people were living at 24 Mountjoy Square, Dublin, a premises that had been subject to a fire safety notice issued in August of the previous year. The notice had not been complied with, and the building was described as a potential fire safety danger and a risk to the public. Lawyers for Ms Anne O'Dwyer, who had been appointed receiver of the property in March, sought vacant possession of the premises and an injunction against the owner, Mr Christopher Singh, and TWI Textile Machinery and Fabric Company Ltd, which partially occupies the site. The receiver's counsel reported that an inspection had found eight people, including four adults and four children, in an upstairs bedsit, and up to 12 people in the basement, which may have been offered as Airbnb accommodation.
Carol Sheridan, a 55‑year‑old clerical officer in Irish Rail's corporate communications, was dismissed after a random breath test on 27 September 2023 recorded 50 µg per 100 ml, above the company's 35 µg threshold. She was initially suspended, then formally dismissed on safety grounds. In February 2024 she sought an injunction to prevent dismissal, arguing no serious safety issue had been identified and that the test reflected alcohol consumed the previous evening, not at work. Irish Rail opposed the injunction, citing her presence at work under the influence as a safety risk. The injunction was withdrawn after the parties entered talks. The High Court heard the case was settled; no settlement details were disclosed. Sheridan will not return to work, and the case was struck out. No further legal action was reported.
A construction company director from Roscommon facing extradition to the United Kingdom over a £5 million tax fraud will argue before the Court of Appeal that Brexit prevents his removal from the State. Thomas Joseph O'Connor, aged 49, was sentenced in his absence to four-and-a-half years imprisonment following conviction at Blackfriars Crown Court in 2007. He returned to Ireland without attending his sentencing hearing and was arrested on an extradition warrant in 2009. The High Court ordered his extradition, but O'Connor appealed. The Court of Appeal dismissed his appeal in October 2015 and the Supreme Court subsequently rejected a further appeal. At hearing today, O'Connor's counsel submitted that the United Kingdom's departure from the European Union rendered extradition impossible and sought leave for a Habeas Corpus application. The bench raised concerns about the legal appropriateness of such proceedings for a person on bail. Re-entered High Court extradition proceedings are scheduled for July 4 and 5.
In a High Court hearing on 15 June 2017, the court was told that a Dublin city centre property at 24 Mountjoy Square, which includes the premises known as 24 Charles Lane, is a fire safety risk and must be vacated immediately. The building houses a textile business and is being used for residential purposes, a use that is not permitted under a Fire Safety Notice issued by Dublin City Council in August of the previous year. The receiver, Ms Anne O'Dwyer of Duff & Phelps, represents the property owner, Mr Christopher Singh, and TWI Textile Machinery and Fabric Company Ltd. The receiver has been unable to access the premises since her appointment, and the building is still being used for residential purposes, contrary to the notice. Dublin City Council, after a recent inspection, has urged the receiver to vacate the building immediately.
In a High Court action filed in 2015, convicted murderer Graham Dwyer seeks to challenge the use of his mobile phone records in his 2015 murder trial. Dwyer, charged in October 2013 with the killing of Elaine O'Hara and convicted in March 2015, argues that the Communications (Retention of Data) Act 2011 violated his constitutional privacy rights, 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 underpinning the Act, claiming that Irish legislation implementing the directive was illegal and that data collected on his phone was therefore invalid. The State's request for disclosure of phone records was granted by service providers and the data was admitted as evidence, despite Dwyer's lawyers' objections.
The Court of Appeal has dismissed an appeal by Mervin White, upholding a High Court decision that validated his sentencing in absentia for driving offences. White, described as a recovering drug addict and a 'veteran of the criminal justice system' with 35 previous convictions, pleaded guilty in the District Court on October 1, 2014, to drunk driving, dangerous driving, driving without insurance, and driving without a licence. Sentencing was adjourned twice due to family emergencies, including his partner's childbirth and his sister's illness. When White failed to appear for the final hearing on December 10, 2014, District Judge Ann Watkin sentenced him to two months in prison. White challenged this via judicial review, arguing that his absence allowed him to present evidence of his recovery progress, which might have resulted in community service. The High Court dismissed this claim, noting that 'neither do the courts' wait for individuals. The three-judge Court of Appeal, led by Mr Justice John Hedigan, found that the District Judge made every effort to ensure his attendance and was entitled to conclude he consciously absented himself. The appeal was dismissed. A warrant committing White to prison for two months was stayed until July 31 to allow time for a potential Supreme Court appeal. The court also noted White's fear of imprisonment in Mountjoy Prison, drawing the Prison Service's attention to this concern.
In June 2017, Eric Eoin Marques, a 30‑year‑old Irishman living in Dublin, faced a legal battle to stop his extradition to the United States. The FBI had described him as the world's largest facilitator of child pornography, alleging he owned and ran the anonymous hosting site Freedom Hosting. U.S. authorities charged him with conspiring to distribute and advertise child pornography, specifically involving extremely violent images of pre‑pubescent children. Marques had been in custody since his 2013 arrest, and a 2015 High Court order for his surrender was upheld by the Court of Appeal. He had also challenged the Director of Public Prosecutions' decision not to prosecute him for the offences tied to the surrender, but both the High Court and Court of Appeal dismissed his actions. In May, the Supreme Court rejected his appeal on that matter, and an application to the European Court of Human Rights was also denied.
Lawyers for the Minister for Justice have asked the High Court to refer a 2012 Supreme Court decision that placed an absolute bar on the extradition of Ian Bailey to France to the European Courts of Justice. The case concerns Bailey, 60, who denies involvement in the 1996 death of Sophie Tuscan du Plantier, found dead outside her holiday home in Schull. French authorities sought Bailey's surrender in 2010 and again in 2016, but the Supreme Court ruled in 2012 that Section 44 of the European Arrest Warrant Act created an absolute jurisdictional bar because the alleged offence was committed outside French territory and Irish law does not allow prosecution for the same offence abroad by a non‑Irish citizen. Counsel for the Minister, Robert Barron SC, argues that the Supreme Court's majority interpretation was incorrect and that the dissenting judge's view should be examined by the European Courts.
Anthony Davitt, a 46‑year‑old asphalt contractor from Ferns, withdrew a High Court damages claim against Aviva after denying the insurer's allegations that he had fabricated a rear‑end collision near a family member's house under construction. The alleged incident, said to have occurred at 10.30 pm on 23 June 2010 on Monageer Road, involved Davitt's car being rear‑ended by the front of another vehicle driven by Patrick and Michael Berry of Lee Heights. Davitt had sued the Berrys, claiming a back injury from the collision, but the case was struck out when he announced its withdrawal. Aviva, represented by Liam Reidy SC, was awarded costs. The court also vacated earlier judgments against the Berrys, and Aviva's expert evidence suggested the incident could not have occurred as claimed. Davitt denied any conspiracy or fabrication of the accident.
Anthony Davitt, a 46‑year‑old asphalt contractor from St Aidans, Ferns, Enniscorthy, Wexford, denied in the High Court that he fabricated a road‑traffic accident that he claims occurred on 23 June 2010 at Monageer Road, Ferns, near a family member's house under construction. He said the accident involved his car being rear‑ended by the front of a car driven by Michael Berry, with Patrick Berry as the owner. Davitt alleges he suffered a back injury and that the Berrys were negligent. Aviva Insurance Plc, the insurers of the Berrys, denied the claim, calling it fraudulent and asserting that Davitt and the Berrys conspired to pursue the proceedings. The court heard that Aviva would present expert evidence suggesting the collision could not have occurred as Davitt described. The case is ongoing and is expected to last three days.
Frontier Entertainment Ltd has initiated a High Court challenge against Failte Ireland over the refusal to include its tourism project, 'the Vaults,' in the Grant Scheme for Large Tourism Projects 2016-2020. The company, which operates the Vaults at the Old School House building in St John's Lane Thomas Street, Dublin 8, claims the refusal was flawed. The application was rejected due to the project scoring 52 out of 60 points, falling short of the required 55. Frontier Entertainment alleges the decision breached legitimate expectations, fair procedures, and was irrational, citing the application of a bias/negative weighting against Dublin-based projects. Counsel for Frontier, Des O'Neill SC, stated that the weighting was applied after the application deadline and not communicated to applicants. The company seeks a declaration that its application should be reconsidered and the refusal quashed. Permission for the challenge was granted by Mr Justice Seamus Noonan on an ex-parte basis, with the matter returnable to a date in July.
In 2017, Declan Duffy, aged 43 and resident of Hannover Street West, Dublin, was arrested in the Republic on suspicion of false imprisonment and violent disorder. He faces three counts of false imprisonment at The Towers, Garters Lane in Saggart, and a charge of violent disorder, all to be tried in the Special Criminal Court in October. Duffy had previously served a life sentence for the 1992 murder of Sergeant Michael Newman in Derby City and was released on license in March 2013. He was re‑arrested on 5 December 2015, and in June 2016 his license was revoked and he was recalled to prison. A European Arrest Warrant issued by Northern Irish authorities was endorsed by the High Court. Duffy's counsel, Dean Kelly, informed Justice Aileen Donnelly that he would apply for bail on 19 June, and he remains remanded in custody pending that application.
Hasan Bal, 25, formerly of Waterford, was charged with providing and attempting to collect funding for the terrorist group Isis. At the High Court, Justice Aileen Donnelly refused him bail under Section 2A of the Bail Act, after hearing evidence from Chief Superintendent Dominic Hayes that bail would risk the commission of a serious offence. The State's barrister, John Berry BL, noted that the full book of evidence will be served within a month.
Mr Vincent O'Donoghue has filed an application in the High Court seeking to halt the imminent sale of the State's shareholding in AIB. He requests an injunction to prevent the government from disposing of any part of its stake until his case is heard, and a declaration that the proposed sale is contrary to the common good and unlawful. In a sworn statement he cites AIB's history of governance failures, including the 1980s bailout of subsidiary ICI, the rogue trader John Rusnak, DIRT tax evasion, and the €21.8 billion bailout in 2009, arguing that private ownership would make the bank serve only foreign shareholders and pursue profits relentlessly. The State and AIB oppose the action, filing motions to strike it out on grounds of vexatiousness and frivolity. The court has scheduled a hearing for Friday, with Mr O'Donoghue contesting the urgency of the matter and noting the government's recent Dáil defeat of the sale vote.
Thomas Conlon, a 38‑year‑old psychiatric nurse, sued taxi driver Frank Daly after an incident on 25 April 2014. Conlon claimed he had called a taxi to take his mother, aged in her 80s, to St Stephen's Green. He said the driver's radio was extremely loud and that he asked to be let out of the car twice. Conlon alleged that when the taxi pulled in, the driver shouted at him about money, and then, while Conlon had one foot out of the car, the driver put the car in gear and drove off, running over Conlon's left foot. Conlon said he fell, dislocated his shoulder, and the taxi left with his mother still inside. Daly denied the claims, saying he was listening to football results and that he had stopped near a dangerous bend. The High Court case was settled after talks between the parties, and the judge welcomed the settlement.
In a High Court hearing on 23 May 2017, Gerardine Scanlon, a resident of Bruhenny, Churchtown, Mallow, Co Cork, denied allegations by Grant Thornton that she had retained confidential material from a computer disk mistakenly sent to her in September 2015. Scanlon claimed the firm had made "fairly scandalous" remarks about her, including accusations that she demanded €1m to drop a case or had breached prior court orders. She presented herself as a whistleblower, asserting that Grant Thornton had breached data‑protection duties and that she possessed evidence of another breach in 2013. Grant Thornton, represented by Maurice Collins SC and Joe Jeffers BL, argued that the firm had notified the Data Protection Commissioner and complied with its directives. The firm sought to strike out Scanlon's defence and counter‑claim on the basis that they were legally unfounded. Scanlon opposed the motion, stating her defence might need amendment but should remain.
During a High Court bail hearing on 19 May 2017, Hasan Bal, a 25‑year‑old Irish Muslim, pleaded that he had changed and would not commit offences or contact Islamic fundamentalists if released. Bal, formerly residing on O'Connell St, Waterford, said he now focuses on family, community and multi‑faith groups. He told Justice Aileen Donnelly that he would not contact the Islamic State or commit any offences, adding "On the Koran, 100 per cent." The court adjourned the bail application to hear evidence from community members about his behaviour since his 2015 arrest. Bal faces charges of providing funding for a foreign terrorist group on 2 October 2015 and attempting to collect funding for a foreign terrorist group on 23 October 2015. Chief Superintendent Dominic Hayes opposed bail under Section 2A of the Bail Act, arguing it was necessary to prevent a serious offence.
Sean Murphy, a boatman who has operated a vessel bringing visitors from the mainland to Skellig Michael for many years, has taken the Minister for Transport to the High Court after the Minister announced a decision to limit the landing season. The Minister's decision, communicated to Murphy on 30 March 2015, restricts licensed passenger boats to land only between 15 May and 30 September, citing health and safety reasons following a communication from the National Monuments Service, the owner of the island, its landing pier and access road. Murphy argues that the Minister has no authority to set the season's length, that the decision was made without consulting him, and that irrelevant considerations were used. In preliminary proceedings, Mr Justice Max Barrett granted Murphy discovery of relevant documents but declined to allow cross‑examination of an official who had sworn affidavits on behalf of the Minister, stating that the discovery order should suffice.
At the High Court, Gerardine Scanlon denied allegations that she attempted to blackmail accountancy firm Grant Thornton into paying €1 million to resolve actions over an alleged data protection breach. Mr Justice Paul Gilligan heard that Grant Thornton mistakenly sent confidential data to Ms Scanlon in September 2015. The firm obtained orders preventing her from releasing this information, which she agreed to return in December 2015. Grant Thornton's counsel, Maurice Collins SC, alleged Ms Scanlon failed to comply with the order, retained confidential data, and demanded €1 million to make related cases disappear, characterizing this as extortion. Ms Scanlon, representing herself, denied breaching the court order or retaining information. She stated the meeting with Grant Thornton was on a non-prejudice basis and rejected the blackmail claim as an attempt to smear her name. She also asserted she did not have the power to drop cases brought by the Data Protection Commissioner. The court considered pre-trial motions where Grant Thornton sought to strike out Ms Scanlon's defence and counterclaim, arguing they have no legal basis. Ms Scanlon opposed this and sought to join Danske Bank, the Data Protection Commissioner, and the Attorney General to the action. Those parties opposed being joined. The hearing was adjourned and resumes next week.
During a High Court hearing on 18 May 2017, Mr Justice Paul Gilligan reported that weapons, including knives and machetes, were discovered at a Dublin property on Annesley Bridge Road in Fairview, which the court had ordered to be handed over to a bank‑appointed receiver, Mr Simon Coyle. The property had been occupied by thirteen families, including a dozen children, who had been living in several units after the court had previously ordered the premises to be vacated. Two residents claimed they had been paying up to €200 per week in rent to a man named Brian, who has no connection with either the receiver or the owner, Mr John Farrelly. Mr Coyle had taken possession of the property and expressed concern that some residents might try to regain access, as they had only taken light possessions.
Singer Tommy Fleming brought proceedings in the High Court against Telifís Mhaigh Eo Teoranta, trading as Irish TV, alleging breach of copyright following the unauthorised broadcast of his DVD Voice of Hope. The company, which operated from Westport Industrial Park in County Mayo and broadcast on Sky, Eir and free-to-air services, did not contest the application. The station broadcast the promotional material in December 2014 under the title Tommy Fleming Musical Extravaganza without permission. Mr Fleming gave evidence that his career had suffered as a result. His wife and manager, Tina Mitchell Fleming, told the court that sales of the recording had dropped and that planned discussions with SkyArts had ended following the broadcast. The Flemings and their company TF Productions Ltd had previously obtained an injunction against the broadcaster in December. They sought to make the injunction permanent. Mr Justice Paul Gilligan reserved his decision.
Georgia Saunders, the partner of the murdered gangster Eamon Dunne, has filed a High Court claim against Irish Life Assurance Plc seeking €250,000 from a life insurance policy the couple took out in 2008. Dunne was killed in April 2010 while attending a birthday party in a Cabra pub; at the time of his death he was on bail awaiting trial for armed robbery and had been linked to about a dozen gangland murders. Saunders, who lives in the Netherlands, requests an order that Irish Life pay the policy amount and to enforce the contract. Irish Life contests the claim, arguing that the couple failed to disclose relevant medical information when applying online. The court heard that Irish Life had asked Saunders for details about Dunne's medical visits and alleged substance use, which Saunders had not provided.
In a High Court hearing on 17 May 2017, Mr Justice Paul Gilligan ordered the Gardaí to report on an investigation into claims that 13 families living at 16 Annesley Bridge Road, Fairview, Dublin 3, were paying rent to an unknown third party named Brian. The judge had previously issued orders in favour of a bank‑appointed receiver, Mr Simon Coyle, requiring the families to vacate the premises by Wednesday morning. Mr Coyle, appointed by the Bank of Ireland in January 2015, had brought proceedings against the residents and the property's owner, Mr John Farrelly, after failing to take possession of the property. Mr Farrelly denied any connection with the alleged rent‑collector and claimed the families were squatters. The judge adjourned the case to Thursday morning, directing a Garda representative to attend court to investigate potential fraud and allowing Mr Farrelly to submit a sworn statement in the contempt proceedings.
High Court proceedings were heard on Tuesday regarding a dispute over Ballycommon Bog in Co Offaly. The applicants, comprising the Eclipse Marine Retirement Benefit Scheme, the EJ Godwin (Peat Industries) Ltd director's pension scheme, Richard Bond, Andrew Rowland, and Bulrush Horticulture Ltd, claim exclusive ownership and occupation of the land since 1995. They allege that William Dunne and Mark Dunne have unlawfully trespassed and carried out detrimental works on the bogland. The Dunnes counter-claim to own a one-eighth share of the land, which they state they purchased for €100, and intend to apply for registration under the 1964 Registration of Title Act. The applicants refute these claims, asserting they have held the freehold interest to the exclusion of all others for over 22 years. Represented by Frank Crean BL, the applicants sought injunctions restraining the Dunnes from entering or interfering with the land, declarations confirming the pension schemes' ownership and Bulrush Horticulture's leasehold rights, and damages for alleged unlawful interference. Counsel noted that the Dunnes' activities have excluded Bulrush from lands it lawfully possesses, impacting its four full-time employees. Although the dispute had previously been pending before the Circuit Court, the matter was deemed urgent. Mr Justice Paul Gilligan granted permission to serve short notice of the proceedings on the Dunnes on an ex-parte basis and made the matter returnable to a date later this week.