The High Court has adjourned a constitutional challenge brought by Adam Grant, a 24-year-old from Silverbridge, Co Armagh, regarding the legality of his detention. Grant, who is charged with causing £12,000 worth of criminal damage to an ATM containing £52,000 and possession of stolen property, was remanded in custody to Cloverhill Prison after District Justice Denis McLoughlin refused his bail application at Monaghan District Court. Grant's legal team, led by Colman Fitzgerald SC, argued that the District Judge failed to apply correct Supreme Court criteria for bail refusal. The State, represented by Kieran Kelly BL, contended that Grant's detention is lawful, citing that bail was opposed due to flight risk concerns raised by the Gardaí. The State further argued that the application was not an appropriate case for an Article 40 inquiry. Justice Richard Humphreys, who noted the case raised weighty legal issues, adjourned the matter until Friday to allow for further consideration. The procedural stage remains an ongoing inquiry into the legality of detention, with the case explicitly adjourned rather than concluded.
A woman has initiated High Court proceedings against Baxter Healthcare and Irish Life Insurance over the alleged refusal to pay benefits under a group income protection scheme. Rose Prendergast ceased employment at Baxter's Castlebar facility in 2002 following the onset of serious health difficulties, including fibromyalgia characterised by chronic widespread pain affecting her legs, back and neck. Her employment was formally terminated in 2008 by mutual agreement. She subsequently claimed benefits under the income protection plan underwritten by Irish Life but alleges her application was wrongfully rejected. Mrs Prendergast, from Claremorris, County Mayo, seeks specific performance of the scheme and damages for breach of contract and misrepresentation. Both defendants deny the claims. Baxter contends it processed the application appropriately and that the refusal decision rested solely with the insurer. Irish Life disputes allegations of negligence. The case continues before Mr Justice Donald Binchy.
The High Court adjourned the extradition hearing of James Anthony Oliver Albert Corry, a 46‑year‑old from Killorglin, for three weeks to allow the State to raise objections. Corry was arrested last month on a European Arrest Warrant issued by German authorities for his suspected involvement in a 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck, where three mortar shells were fired. He is currently on bail and has agreed to attend court whenever his case is mentioned. An affidavit detailing his circumstances will be compiled before the next hearing.
Garda Brian Canavan, stationed at Pearse Street Garda Station, was suspended from duty on 23 May 2014 after he had told a Garda Inspector he intended to file a grievance against two superior officers. The suspension followed allegations that he failed to prosecute cases in 2012 and 2013 and that he had not properly recorded items, illegal drugs or a drink‑driving matter. Canavan, represented by Mark Harty SC, has brought High Court proceedings to halt an internal investigation into alleged breaches of Garda discipline and to challenge the suspension. He claims he has not been given clear reasons for the suspension, which has been renewed every few months, and that the investigation was delayed and poorly managed. Canavan seeks orders preventing further disciplinary action, declarations that the investigation is inordinate and inexcusable, and that the allegations lack a proper basis. The case was granted ex‑parte permission and is set for a return date in January.
In a High Court hearing on 5 November 2015, Richard Butler, aged 48, resolved a damages action against McSuils pub owners Noel and Ken Walker and his assailant Joseph Phillips. Butler had lost his left eye when Phillips struck him with a pool ball during an altercation at the pub on 17 July 2012. Butler, a former tiler, now wears a prosthetic eye. He alleged that the pub owners should have evicted Phillips after learning of his intoxication and violent propensity, and that the pub had served alcohol to him when it was dangerous, showing reckless disregard for Butler's safety. The owners denied the claims and the assault was not deemed foreseeable. The court entered judgment against Phillips in default of a defence and asked for damages. No settlement details were disclosed in open court. The pub is now closed. The hearing was presided over by Mr Justice Kevin Cross.
In a High Court hearing on 4 November 2015, a 48‑year‑old man named Richard Butler sued Joseph Phillips, the pub owner Noel Walker and his son Ken Walker after Butler lost his left eye when struck by a pool ball during an altercation at McSuils public house in Castlehill, Carlow on 17 July 2012. Butler, a former ceramic tiler, was injured after he tried to hold back Phillips, who had been drinking for several hours and was described by Butler as "loud, aggressive and a troublemaker." Butler claims Phillips had threatened to "escape from Shelton Abbey prison" and called himself a member of the IRA. Butler alleges the pub failed to control Phillips, served him alcohol when it was dangerous, and should have evicted him. The pub owners deny the claims, arguing the assault was unforeseeable. Phillips is currently serving a prison sentence for the assault and is representing himself in the action.
The High Court heard an update in the extradition proceedings concerning Eric Eoin Marques, a 30-year-old Dublin resident with an address at Mountjoy Square. Marques is alleged to be the owner and administrator of an anonymous hosting site known as Freedom Hosting, and US authorities claim he is the largest facilitator of child pornography in the world. He faces charges relating to conspiring to distribute and advertise child pornography, as well as advertising and distributing such material. The State seeks to surrender him to US authorities, while Marques is seeking a judicial review of the Director of Public Prosecutions' decision not to prosecute him in Ireland. During the hearing, Ms Justice Aileen Donnelly referenced a letter written to her by a US prisoner regarding the treatment of mentally ill inmates in American prisons. Although Marques' lawyers had previously raised concerns about the risk of sexual violence in US prisons, the judge stated that her judgment would not be influenced by the inmate's letter. However, she allowed legal representatives the opportunity to make submissions relating to the letter's contents. The matter was adjourned until December 16th, with the case to be mentioned again next week. Marques remains in custody, having been remanded after his arrest in August 2013, when bail was refused due to concerns he represented a flight risk and might interfere with evidence.
In a High Court case, Ms Y, an asylum seeker who arrived in Ireland in early 2014 and whose pregnancy was discovered after she had been raped and felt suicidal, sought to halt an HSE inquiry into the care she received. She had been forced to have a caesarean section and her child was placed in state care. Ms Y's lawyers argued that the inquiry breached her rights to fair procedures and constitutional justice, and that a draft report had been leaked to the media. The High Court, after talks between the parties, struck the case out with no further order. The HSE agreed not to publish or circulate the draft report, and Ms Y's representatives said the matter was effectively resolved, allowing her to pursue damages. The inquiry had been paused pending the outcome of the action.
In a High Court challenge, a man accused of fathering children with his daughters seeks legal costs that were denied by District Court judges in childcare proceedings. The case stems from allegations by one daughter that he is the father of her child, and he is also accused of fathering two other children with two other daughters. The man disputes the allegations. The District Court refused to grant him legal costs, citing that he should have acted earlier and providing no reasons in one instance. He argues the refusals breach his rights to fair procedures and court access, and that the complexity of the paternity claims warrants cost coverage. Represented by John Rogers SC, he requests the High Court to quash the District Court decisions and declare that awarding him costs is in the best interests of the children in care. Mr Justice Richard Humphreys allowed the challenge to proceed and set a January hearing.
A High Court action brought by Eamonn Donnellan against the Revenue Commissioners over a €1.5 million tax penalty demand from Greece has been referred to the European Court of Justice. Donnellan, who was jailed in 2002 by a Greek court for smuggling 176,000 packs of contraband cigarettes found in his truck, was found guilty and sentenced to 3½ years. He was released in December 2002 after an appeal. In 2013, he was notified by the Revenue Commissioners that he owed Greece €1.5 million under EU Council Directive 2010/24. Donnellan, represented by Paul McGarry SC and Roderick Maguire Bl, disputes the demand, claiming it is procedurally flawed and an abuse of process. He argues he was not properly notified and had no opportunity to contest the demand, which he says is based on a criminal offence he was acquitted of. The Revenue Commissioners, represented by Benedict Ó Floinn Bl, oppose the application, stating they complied with EU law and that any issues should be addressed by the Greek authorities. The judge, Mr Justice Tony O'Connor, said the case raises significant legal issues and adjourned the matter to a date in November, stating it would eventually be referred to the ECJ regardless of the court's decision.
In a High Court hearing on 22 October 2015, Mr Justice Max Barrett dismissed parts of a judicial review action brought by Killarney Jaunting Cars Ltd against Kerry County Council. The company had sought new or re‑issued licences for horse‑drawn carriages, claiming the council had failed to issue or renew licences and had acted unlawfully. The council argued that only 37 licences could be accommodated due to traffic constraints. The judge found no evidence of a breach of natural or constitutional justice and noted that the company did not hold any current licences, though it had previously held eight. He declined to decide on whether expired licences had automatically reverted to the council, stating he could address that if the court was asked in the future. He urged jarvey operators to obtain current licences and suggested the council consider future licence numbers in light of a pending traffic study. The matter was adjourned to November for further consideration.
In a High Court hearing on 20 October 2015, the owners of a former guesthouse on Parnell Street in Dublin City Centre sought an injunction to remove squatters who had taken over the premises and were operating a cafe and social club called the Barricade Inn. The property, comprising part of No. 76 and all of Nos. 77 and 78, had been vacant since the death of former owner Ms Ellen McGuill in 2002. Lawyers for the executrix of Ms McGuill's estate and for Vandelure Ltd, the freehold holder, argued that the building was "extremely dangerous" and unsafe for occupation, citing unknown electricity supply and possible unauthorized works. They requested that the court restrain all occupiers from trespassing, cease interference, hand over vacant possession, and remove all items from the premises.
Michael McHugh, convicted of the 1985 murder of Garda Sergeant Patrick Morrissey, has lost a High Court action seeking his immediate release from prison. McHugh, with an address in County Armagh, was sentenced to death for the killing, which occurred following an armed robbery at Ardee Labour Exchange in County Louth. His sentence was subsequently commuted to 40 years penal servitude. McHugh argued he was entitled to credit for five months spent in pre-trial custody between July and December 1985, contending this entitled him to release after 30 years served. Mr Justice Paul McDermott dismissed the action, finding the court had no function in compelling the Minister for Justice to grant further sentence remission or commutation. The judge stated the Minister retained discretion to consider McHugh's claim but was not obliged to do so, and was entitled to consider the gravity of the offence. McHugh has served his sentence at Portlaoise Prison and is due for release in December. A related action remains pending before the High Court.
Paul O'Shea, a farmer from Davidstown, Castledermot, Co Kildare, was jailed for 100 days after being found in contempt of court for failing to hand over vacant possession of farm buildings to a bank‑appointed receiver. He sought early release by challenging Rule 59 of the Irish Prison Rules, arguing it was unconstitutional and breached his rights under the European Convention of Human Rights because it barred remission for contempt sentences. The High Court, led by Justice Paul McDermott, rejected the challenge, stating the State may exclude certain categories, including those jailed for contempt, from remission. Rule 59 was upheld as "reasoned and rational" and not discriminatory. Consequently, O'Shea will remain in custody at Shelton Abbey Prison until the end of his 100‑day term, which was imposed by Justice Paul Gilligan in July for his serious and flagrant contempt of court orders. He had previously spent 15 days in jail for a related contempt order.
A 38‑year‑old man named Noor Khan, who was wanted in Northern Ireland for alleged fraud offences, appeared before the High Court in Dublin on 19 October 2015. He was arrested by Gardaí at the British Embassy on Merrion Road under a European Arrest Warrant issued by the UK on 15 October 2015 and endorsed by Justice Aileen Donnelly. Sergeant Sean Fallon, on duty at the embassy, identified Khan, arrested him at 2.25 pm, cautioned him and presented the original warrant. Khan was taken to Donnybrook Garda Station, processed as an arrested person, and later collected a passport from the embassy. The State's counsel, Ms Anne‑Marie Lawlor, requested that Khan be remanded in custody until 3 November 2015. Judge Hunt agreed, stating it was appropriate to keep Khan in custody for Section 16 purposes until that date, and instructed the respondent's counsel to pursue bail thereafter.
In a High Court personal injuries case, Gerald Grimes, a 25‑year‑old from Balbriggan Street, Skerries, lost his claim after slipping in the toilets of Shenanigans Nightclub on 4 March 2012. Mr Justice Anthony Barr ruled that Grimes fell because he was "engaged in horseplay" with a friend, Mr Michael Caldwell, when a jump‑kick caused him to lose balance and fall on a wet floor. The judge found no negligence on the part of the nightclub, Highview Inns Ltd, which is in receivership, and dismissed the claim. Grimes had alleged a dislocated knee, severe pain, and loss of sporting ability, supported by Caldwell's testimony. Evidence from the nightclub's toilet attendant, Mr Elijah Fatiroti, who described the incident as horseplay and noted no liquid on the floor, was preferred by the judge.
Two men found liable in civil proceedings relating to the 1998 Omagh bombing appeared before the Master of the High Court in Dublin on Wednesday to answer questions regarding their assets. Liam Campbell of Upper Faughart, Dundalk, and Michael Colm Murphy of Lower Faughart, Dundalk, County Louth, were ordered to provide details of their financial holdings as part of enforcement of a judgment requiring them to pay families of the 29 people killed in the attack. Both men denied possessing significant assets. Mr Campbell stated he owns only a half share in the family home and adjoining land. Mr Murphy claimed to hold no assets following his divorce. Lawyers acting for the victim's families sought comprehensive disclosure of property, savings, shares and company interests. Following examination, both men undertook to provide sworn statements detailing assets valued above €5,000 by 23 October.
James Anthony Oliver Albert Corry, 46, was arrested in Killorglin, Co Kerry, on a European Arrest Warrant issued by German authorities for alleged involvement in a 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck, Germany, in which three mortar shells were fired. The High Court granted him bail on conditions set by the Minister of Justice and Equality and the court. Conditions include an independent surety of €3,000, residence at a specified address, signing on at a local Garda station, and compliance with standard bail terms. He must not apply for a passport or travel documents, remain within the jurisdiction, maintain good behaviour, keep the peace, and sign on three days per week. The court will closely monitor compliance, and any breach will be brought before the court. Corry is due to appear again on 10 November.
Four women who say they were forced to work without pay in a Magdalene Laundry have taken High Court action to overturn decisions that excluded them from the State's Magdalene Laundry Scheme, a compensation programme set up in 2013. The court heard that the women were admitted to An Grianan Institution, a separate facility on the same convent grounds, rather than to the St Mary's Refuge Magdalene Laundry. They argue that, while residents at An Grianan, they performed unpaid labour at the laundry each weekday and received little education, which harmed their lives. The women claim the exclusions are unreasonable, irrational and violate their constitutional rights to justice and fair procedures. Their applications were allowed to proceed, with a hearing scheduled for early December.
A 46‑year‑old Belfast man, James Anthony Oliver Albert Corry, appeared before the High Court in Dublin on the day of a European Arrest Warrant issued by German authorities. Corry was arrested in Killorglin, Co Kerry, at about 9 a.m. by Detective Sergeant Seán Fallon, who identified him and showed him the warrant. Corry confirmed his name, birth date (December 1968) and birthplace (Belfast) and admitted a tattoo of a 'J' on his right arm. The warrant seeks his extradition for terrorism‑type offences related to a 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck, Germany, in which three mortar shells were fired. Justice Aileen Donnelly confirmed the identity of the person before the court and remanded Corry in custody until a bail application is expected on Tuesday. The State's counsel noted that a surety would be required if bail were granted.
In a High Court hearing on 8 October 2015, Killarney Jaunting Cars Ltd sued the local council over its failure to issue or re‑issue jarvey licences. The company, which holds eight of the 37 licences issued by the council, argues that the council's inaction breaches its duties and acts unlawfully. It seeks an order that the council determine annually the number of licences for horse‑drawn hackney carriages and declarations that the council acted contrary to natural justice by not re‑issuing expired licences. The council, now under Kerry County Council, opposes the case, claiming that any order to issue fresh licences would run contrary to the common good. Counsel for the company, David Sutton SC, noted that applications made in 2012, 2013 and 2014 were met with silence, and that in 2015 the council decided not to issue any additional licences after the tourist season. The hearing before Mr Justice Max Barrett continues.
Hansfield Investments Ltd sought an injunction in the High Court to compel TD Ruth Coppinger and other protesters to vacate a showhouse at Barnwell Lawn, Dublin 15, which they had occupied since the previous weekend. The developer, represented by Eoghan Cole BL, alleged the group was committing a trespass and had no right to occupy the property. Deputy Coppinger, who represented herself, stated the peaceful protest aimed to highlight the homelessness crisis and the lack of affordable housing. She noted that some protesters, including Amy Brennan, a mother of two, were staying in unsuitable emergency accommodation. During the hearing before Mr Justice Paul Gilligan, it was agreed that the protesters would vacate the property by 4pm on Wednesday. The judge welcomed this decision and noted that, as an undertaking had been given, there was no need for the court to make any orders against the Deputy or the protesters. The judge acknowledged the plight of those affected by homelessness but stated the court could only address whether the protesters asserted any right to the property. The matter was adjourned, with the judge noting it could be re-mentioned should any issues arise.
In September 2015 the High Court in Dublin ordered the surrender of Francis Lanigan, 49, to Northern Irish authorities. Lanigan, who had been living in Dublin under the alias Kieran McCrory, was arrested in January 2013 on an extradition warrant for the 1998 murder of John Knocker, who was shot in a hotel car park in Dungannon, County Tyrone. Lanigan had claimed that his life would be at risk from loyalist and republican paramilitaries if handed over to UK authorities. He had previously been denied bail in February 2013 as a flight risk, but secured a fresh bail in December 2013 despite Garda objections. The High Court, after an unsuccessful appeal by Lanigan's lawyers, issued the surrender order, and he was remanded in custody pending transfer to the North. The decision was made by Ms Justice Deirdre Murphy.
On Monday night, Pakistani national Mian Mujahid Ali Shahid, aged 19, was arrested at Dublin Airport under a European Arrest Warrant issued by UK police. The warrant sought his extradition to serve a 30‑month prison sentence imposed in his absence for sexual assault. Shahid, after being informed of the warrant and its implications, chose to surrender himself to UK authorities. He swore on the Quran, signed a legal form consenting to his surrender, and was remanded in custody by Mr Justice Raymond Fullam until the order could be implemented. Counsel for the Irish authorities, Anne‑Marie Lawlor, confirmed that Shahid was wanted to serve the 30‑month sentence for sexual assault and for failing to appear before court. All formal requirements for extradition were deemed to have been met. Mian Mujahid Ali Shahid was convicted.
Ivor Callely, a former politician, won a High Court ruling that the State must pay his legal costs for a challenge against the Minister for Justice's refusal to grant him enhanced remission and temporary release from a five‑month sentence for fraudulently claiming €4,207.45 in Oireachtas expenses. Justice Anthony Barr quashed the Minister's decision, finding the Minister had not considered all relevant matters and had exercised her discretion reasonably. Callely had argued he deserved a one‑third remission, rather than the usual one‑quarter, because of good behaviour and participation in prison activities, and that the refusal was unfair. The court held that Callely was entitled to have his costs paid, despite his earlier unsuccessful bid for temporary release. The application for enhanced remission will now be reconsidered by the Prison Services on behalf of the Minister. The State parties denied the claims and opposed the action.
Monica Loughman, a celebrated Irish ballet dancer, has obtained a High Court injunction to stop former partner Fraser Brown from ending her employment or winding up the Monica Loughman Ballet Company Ltd, which she founded in 2011. Brown, who served as the company's business and finance manager, allegedly refused to leave the business after their personal relationship ended in 2014, despite an agreement that he would no longer be involved. Loughman claims Brown's continued control has damaged her reputation and made it impossible to maintain customers and deal with creditors. She also alleges he removed key assets, including a dance floor and "Nutcracker" sets, and sent letters threatening to terminate her employment. The court granted temporary injunctions preventing Brown from interfering with Loughman's work, the company's property, or winding up the company, and the case is set to return in August.
A senior HSE executive has secured a High Court injunction preventing her transfer to an alternative role. Mr Justice Isabel Kennedy granted the orders sought by Ms Helen Earley, Area Director of Nursing with the Galway/Roscommon Mental Health Service, allowing her to remain in her current position pending the full hearing of her action. Ms Earley contended that the proposed reassignment, communicated in early July, would damage her professional reputation. She alleged the HSE lacked contractual authority to transfer her and claimed the move was motivated by industrial relations disputes rather than legitimate operational grounds. The HSE sought to reassign her temporarily pending enquiries into mental health services under her remit. Mr Justice Kennedy found Ms Earley had established a strong case likely to succeed and that damages would not constitute adequate remedy given the potential loss of professional status. The balance of convenience favoured granting the injunctions. The matter returns to court in November.
Dublin City Council (DCC) brought High Court proceedings to remove alleged trespassers from two terraced three‑storey buildings at 38 and 39 Bolton Street, which it owns. The buildings were reportedly broken into and occupied by members of the Irish Housing Network (IHN), who called the site the Bolt Hostel and claimed it was being used to house homeless people. DCC argued that the occupants had no legal right to be there, citing that the buildings had been closed and secured with steel shutters in 2012 because they were no longer fit for purpose. Counsel for DCC noted that the council had engaged a housing body, Novas Initiative, to renovate the buildings for homeless accommodation, and that attempts to resolve the matter amicably had failed. Mr Justice Paul Gilligan granted injunctions against IHN members Seamus Farrell and Aisling Hedderman, ordering them to cease further works and allowing DCC to inspect the premises.
An employment dispute involving the suspension of the director of operations at Christ Church Cathedral, Dublin, was settled in the High Court. Nuala Kavanagh, the director, had initiated proceedings earlier in the month and obtained leave to serve a short‑notice application for injunctions. On Tuesday, Marcus Dowling BL represented the cathedral and informed Justice Paul Gilligan that the matter had been resolved, allowing the proceedings to be struck out. Conor Kearney BL had sought to prevent a disciplinary hearing that was due to take place within days.
In a High Court case, Vivier Mortgages Ltd (formerly Home Funding Corporation) sought to re‑enter a repossession order against Patrick Cummins and his wife Christine Cummins for their Hills Lot Rosegreen property in Cashel, Co. Tipperary. The lender claimed the couple had drawn €1.39 million in 2001, with only €26,000 repaid, and that no payments had been made since 2011. The couple opposed the application, citing prejudice from a delay by the lender between 2008 and 2010 and the founder Ian Leaf's imprisonment and fraud convictions. The court, hearing the matter, was informed that the parties had settled the dispute and no decision was required. No settlement terms were read in open court, and the case was dismissed without a judgment. The settlement ended the lender's attempt to recover the loan and take possession of the property.
Michael McHugh, convicted in 1985 of the murder of Garda Sergeant Patrick Morrissey, is seeking immediate release from Portlaoise Prison in High Court proceedings against the Governor, the Minister for Justice, the Irish Prison Service, and the DPP. McHugh was originally sentenced to death, a penalty commuted to 40 years' penal servitude by President Patrick Hillery. He argues that he is entitled to credit for five months of pre-trial custody served between July and December 1985, which would mean his sentence expired on July 1, 2024. The State parties oppose the application, contending that McHugh has no automatic entitlement to this credit and that the authorities lack the power to adjust the sentence given the original death penalty. McHugh's counsel, Micheal Ó Higgins SC, submitted that the decision to ignore those months was wrong and that the failure to grant credit breaches his rights to natural and constitutional justice. He also challenges the rejection of his pre-release programme application. The defendants argue that McHugh does not have the power to take the five months into account as the original court sentence imposed was the death penalty. The hearing before Mr Justice Paul McDermott continues.
In a High Court hearing on 27 July 2015, Thomas McFeely, a 67‑year‑old developer of Priory Hall, contested an application by the official administrator, Mr Chris Lehane, to extend his bankruptcy by five years. McFeely had been declared bankrupt in Ireland in July 2012, with the bankruptcy set to expire on 30 July 2015. Lehane argued that McFeely had failed to disclose all assets and had not cooperated, and sought an order preventing McFeely's discharge until the extension motion was heard. McFeely's lawyers requested an early hearing, but the judge, Justice Caroline Costello, adjourned the matter to October, refusing a hearing in August or September while the court was in recess. The case remains pending, with the court yet to decide on the extension request. The article does not report any further developments.
The High Court has adjourned the extradition hearing of Eric Eoin Marques, a 30-year-old Dublin man residing at Mountjoy Square, until October 6th. The United States seeks his surrender to face charges of conspiring to distribute and advertise child pornography, alleging he is the owner and administrator of the anonymous hosting site Freedom Hosting. The US authorities claim the charges relate to images on over 100 websites depicting the rape and torture of pre-pubescent children. Mr. Marques, who has been in custody since his arrest in August 2013, is simultaneously seeking a judicial review of the Director of Public Prosecutions' decision not to prosecute him in Ireland. Counsel for Mr. Marques argued that extradition poses a significant risk to his health, citing his Asperger's syndrome and the potential for sexual violence and inadequate medical care in US prisons. Conversely, State counsel noted that Mr. Marques has sought no specific treatment for his condition since 2013 and has shown no mental health deterioration while in Irish custody. Ms Justice Aileen Donnelly remanded Mr. Marques in custody, with the hearing set to resume on October 6th.
Fianait Bligh, 18, has filed a High Court application seeking orders that compel the Ice Skating Association of Ireland (ISAI) to select her for International Skating Union events. Bligh, a junior skater originally from Dublin now training in Scotland, claims she was promised selection if she met certain criteria, including passing a Junior skating event and competing in the national Championships. She achieved those standards but was told she would not be selected because she did not obtain a "merit score," a requirement she was not previously informed of. Bligh alleges discrimination, noting that other skaters without merit scores have been selected. The court granted her ex‑parte permission to proceed, with the matter to be returned for a hearing on Friday, the deadline for registration for an upcoming competition in Riga, Latvia. The ISAI has indicated it will not be prejudiced by the application, and Bligh is willing to cover her own costs for the event.
In July 2015 the High Court resolved a dispute between Bray Wanderers Ltd and three former associates. Mr Justice Paul Gilligan had granted temporary injunctions against Mr John Deering, Paul Lennon and former goalkeeper Darren Quigley, preventing them from trespassing on the club's Carlisle Grounds, misrepresenting themselves as directors, calling official meetings or publishing official‑looking material. The injunction was withdrawn after the defendants offered undertakings: they would not trespass without prior arrangement, would not publish official‑looking information, would not misrepresent themselves as directors or claim to act in an official capacity, and would not call official meetings. Mr Deering also agreed to delete data he had accessed from the club's email and website systems. The parties agreed to amend the Companies Registration Office filings that had purportedly removed four directors and appointed Mr Deering. The court left open the possibility of future proceedings if necessary.
The Director of Public Prosecutions has decided not to pursue the case against 63‑year‑old Philomena Coton, who was charged in 1988 with intent to murder her husband Christopher Payne. Payne was severely injured when men struck his head with a hammer, axe and hatchet, and he died six months later. After a 2010 cold‑case review and extradition from England in 2013, Coton had been awaiting trial when a High Court halt was issued in June. The DPP's counsel entered a nolle prosequi at the Central Criminal Court, ending the prosecution.
Roy Keane has brought a legal action in the Commercial Court against Paddy Power Plc, claiming that the bookmaker breached his constitutional rights by using his image on a billboard that mocked the film 'Braveheart' without his consent. The billboard, displayed on a 40‑ft truck around Dublin before the Euro 2016 qualifier against Scotland, featured Keane as William Wallace and included a line from the film. Keane alleges the advert was deliberately designed to associate him with Paddy Power's marketing campaign, misrepresenting a commercial connection and using crude language towards Scots. He seeks damages, aggravated exemplary damages, injunctions to prevent further use of his image and to destroy any infringing materials, and orders to stop the bookmaker from presenting itself as endorsed by him. The case was admitted to the Commercial Court and is scheduled to return in November.".
Paul Codd, a former All-Ireland winning Wexford hurler, was committed to Mountjoy Prison by the High Court after refusing to answer questions about his assets during a bankruptcy examination. The judge deemed his refusal contempt of court. Codd had previously been arrested on a warrant issued in March 2014 for non‑compliance with bankruptcy undertakings. He had been released in December 2014 after giving a statement of affairs and promising cooperation, but later failed to comply with further undertakings, including returning leased farm machinery and disclosing bank accounts. The court noted concerns that Codd had transferred land, a prohibited act for a bankrupt. He was jailed until 27 July 2015 or until he purged his contempt, with the judge warning that further consequences would follow if he did not cooperate. The case stemmed from a 2011 judgment of €530,326 and a bankruptcy declared in March 2013. The article reports no subsequent verdict or sentencing beyond the High Court's committal.
A subprime lender, Vivier Mortgages Ltd (formerly Home Funding Corporation), has applied to the High Court for possession of a family home in Cashel, Co. Tipperary, on the basis of a €1.39 million debt it claims is due on an IR£70,000 loan taken out in 2001. The lender seeks to re‑enter a repossession order obtained in 2007 against Patrick Cummins and his wife Christine Cummins. The loan was secured by the property and carried a 2 % monthly interest rate. Vivier alleges only eight of 158 scheduled repayments were made, totalling about €26,000, and that no payments have been made since 2011. The couple, who have medical conditions and are not working, oppose the application, citing prejudice from a lender delay between 2008 and 2010 and the former company founder's imprisonment. The judge has reserved a decision and suggested the parties attempt a settlement before a ruling is made.
Michael Murray, aged 43, was convicted in 2013 of rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats to kill or cause serious harm, false imprisonment and theft, and sentenced to 15 years in prison. In 2015 he brought a High Court action against the Irish Prison Service and the Minister for Justice, claiming that his solicitors' phone calls had been recorded in prison. The court found that in May and July 2013 some of Murray's calls were indeed recorded, including those to his solicitors, due to an anomaly in the phone system. The recordings were made inadvertently and were not accessed by prison staff or the Gardaí. The judge ruled the recordings were inappropriate but did not amount to a prejudice of Murray's rights, dismissed the application, and awarded costs against him. The case was heard in the Central Criminal Court, and Murray's conviction remains pending appeal.
The owner of a Dublin city centre residence has initiated a High Court action to remove several individuals who, according to the owner, have unlawfully occupied the premises for several weeks. Artisan Oral Health Care Company Ltd, owned by Irish dentist Dr Colman McGrath, has sued the unknown occupants of 6 Seville Place, Dublin 1. Mr Justice Paul Gilligan granted the company permission to serve short notice of the proceedings to those occupying the building. Dr McGrath, who purchased the property four years ago, intends to refurbish it and run a business from there, but his representatives have been unable to access the building since the occupants took up residence in late April. The occupants have installed a fortified door and have not identified themselves to the owner's representatives. A notice of the proceedings will be posted on the front door, and the case is set to return to court early next week.
The United States has requested the extradition of Gary Davis, 27, of Johnstown Court, Kilpedder, Co Wicklow, who is alleged to have been an administrator of the Silk Road website under the name 'Libertas'. The U.S. authorities charge him with conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering, offences that could carry a life sentence if he is convicted in the United States. Davis's counsel, John O'Kelly SC, argues that extradition would expose him to inhuman and degrading conditions in a medium‑security U.S. prison, citing his Asperger's Syndrome and depression. The request is being heard before Mr Justice Paul McDermott under the 1965 Act. The U.S. case relies on evidence seized from the Silk Road, including servers and undercover purchases, and claims Davis had explicit knowledge of the drugs and hacking software sold on the site between June and October 2013. The hearing is expected to last several days.
An application for the High Court to approve a third‑party funding arrangement for a lawsuit against the State has been adjourned again to 17 and 18 November. The case involves Persona Digital Telephony and Sigma Wireless Networks, who are suing the State over the 1996 mobile‑phone licence competition that awarded Esat Digifone, owned by Denis O'Brien, the licence. They allege the process was unfair and that Esat won by bribing Minister Michael Lowry, allegations denied by the State. The funding arrangement is with Harbour Litigation Funding, a British company that would receive a share of any proceeds if the plaintiffs succeed. The court will consider whether the funding agreement contravenes maintenance and champerty rules, with a redacted disclosure of the agreement already submitted. The hearing was adjourned by Justice Aileen Donnelly due to diary difficulties.
A senior Health Service Executive manager has initiated High Court proceedings challenging her proposed reassignment to an alternative role. Ms Helen Earley, Area Director of Nursing for the Galway/Roscommon Mental Health Service, contends the HSE lacks contractual authority to transfer her to a position overseeing smoke-free zone initiatives across the Limerick to Donegal region and island health services. Her counsel argued the relocation would damage her professional reputation, given her current responsibility for 400 staff across 60 locations and her stewardship of substantial service restructuring since 2012. The HSE maintains contractual entitlement to effect the transfer on identical terms. Ms Earley seeks injunctions restraining her reassignment and preventing the appointment of an alternative to her current post. Mr Justice Paul Gilligan granted permission to serve short notice of the proceedings. The matter returned before the court on Friday morning.
In a High Court hearing on 9 July 2015, the court considered the case of Alan Murphy and his partner Kelly Gilsenan, a homeless couple who had camped out at South Dublin County Council offices in Tallaght to protest their accommodation situation. The council had obtained an injunction to remove them, which they complied with after two days. The couple had previously refused a temporary emergency accommodation offered by the council, citing its unsuitability, and had been living in a tent after their private rental was sold. They had a six‑year‑old son with asthma. The court heard that the council had moved the couple up the local authorities' housing list, recognising them as a family, but could not say when housing would be available. The council noted that 8,500 people were on the list and urged the couple to seek private accommodation for which they might be entitled to assistance.
A farmer from Co Kildare, Paul O'Shea, was sentenced to 100 days' imprisonment by the High Court for failing to hand over vacant possession of farm buildings to a bank‑appointed receiver, George Maloney. The court found O'Shea had repeatedly ignored orders, including a 15‑day jail term earlier in the year for contempt of orders that prevented interference with the receiver's attempts to sell the land. O'Shea had also physically assaulted the receiver when he tried to enter the sheds and denied him entry. The judge rejected O'Shea's solicitor's argument that the sheds were controlled by Cannon Agri Ltd, a company largely owned by O'Shea, calling it a "colourful device" to avoid compliance. The sentence was imposed after O'Shea's repeated refusal to comply with the court's orders, and the judge directed that the order be served on the Garda Commissioner. Cannon Agri had the case struck out.
A 52‑year‑old man, Liam McGowan, who has no fixed abode, is to be extradited to the United Kingdom on charges of conspiring to import drugs worth up to eight million pounds. The alleged conspiracy involved the fraudulent evasion of probation for the importation of class A cannabis bush and class C ketamine between 1 February 2011 and 7 February 2014. McGowan is accused of working with a Manchester‑based man and a haulage company in southern Ireland to transport the drugs. In October 2014, UK authorities seized 117 50‑gram bags of cannabis, valued between 585,000 and 1.17 million pounds, and ketamine valued between 4.5 and 6.75 million pounds. McGowan's counsel, Michael O'Higgins, argues that his client had no knowledge of the contents of the consignments and that the evidence of his involvement is lacking.
High Court proceedings concerning Eric Eoin Marques, an Irishman alleged by the FBI to be the 'largest facilitator of child porn in the world,' will resume in three weeks. Marques, a 30-year-old resident of Mountjoy Square in central Dublin, is alleged to be the owner and administrator of an anonymous hosting site known as Freedom Hosting. US authorities seek his surrender to face charges relating to conspiring to distribute and advertise child pornography, as well as advertising and distributing such material. The allegations concern images on over a hundred anonymous websites described as extremely violent, graphic, and depicting the rape and torture of pre-pubescent children. The State is seeking to surrender him to US authorities, while Marques is seeking a judicial review of the Director of Public Prosecutions' decision not to prosecute him in Ireland. The matter came before Ms Justice Aileen Donnelly for the purpose of fixing a date for the resumed hearing. Ms Justice Donnelly remanded Mr Marques in custody until July 21 next. He has been in custody since his arrest in August 2013, after being refused bail over concerns he represented a flight risk and that he may abscond or interfere with evidence in the case.
In July 2015 the High Court was asked to approve a third‑party funding arrangement for Persona Digital Telephony and Sigma Wireless Networks, who are suing the State over the 1996 mobile licence process. The funding would come from Harbour Litigation Funding, a British company, and would pay the plaintiffs a share of any proceeds. The State and Denis O'Brien's representatives successfully applied for an adjournment, and the hearing was moved to 11 November. Justice Aileen Donnelly noted that the issue of third‑party funding had not previously been before Irish courts. She cited concerns that the funding agreement provided to the defendants referred to other documents and contained redactions that could affect the case. The adjournment was granted to allow the parties to review additional documentation and to address questions about the agreement's terms, including the absence of an after‑event insurance policy and the nature of the security agreement.
The High Court heard arguments regarding Eric Eoin Marques, a 30-year-old Dublin resident at Mountjoy Square, who is alleged to be the owner of Freedom Hosting and the 'largest facilitator of child porn in the world.' The State seeks to surrender him to US authorities for charges related to distributing and advertising child pornography, while Marques seeks a judicial review of the Director of Public Prosecutions' refusal to prosecute him in Ireland. Counsel for Marques, Micheál P O'Higgins SC, argued there was a strong public interest in a domestic prosecution, noting his client offered to plead guilty to the alleged offences in the District Court. This offer would dispense with a lengthy trial, and O'Higgins stated there would be no difficulty in securing evidence or witnesses for a sentence hearing. Conversely, State counsel Patrick McGrath SC contended that the DPP properly considered forum issues, including Marques' Irish citizenship and the disproportionate sentence he would face in the US. The court heard that the DPP is entitled to weigh these individual circumstances. The matter was adjourned before Ms Justice Aileen Donnelly, with the case continuing on a date yet to be agreed between the parties.