In a High Court action, Francis Foster, aged 58, sued the Garda Commissioner, the State and the Attorney General for damages after the Garda Emergency Response Unit mistakenly raided his flat on 19 July 2013. Foster alleged assault, false imprisonment and a breach of his constitutional rights, claiming trauma, panic attacks, flashbacks and post‑traumatic stress disorder. The defendants acknowledged the raid was on the wrong premises but denied assault, false imprisonment or constitutional violations. On 2 July 2015, following settlement talks, the case was struck out. No settlement terms were disclosed. Detective Sergeant Paul Murphy admitted the error, apologized to Foster and expressed regret. The settlement was reached after Foster's claim that three officers had smashed his front door, shouted at him, and physically restrained him, though the defendants denied that guns were pointed at him or that he was held hostage. The case was dismissed without further proceedings.
In a High Court hearing on 1 July 2015, state lawyers argued that Eric Eoin Marques, a 30‑year‑old Irish‑American alleged to run the 'Freedom Hosting' site, would not provide his computer password to Gardaí. Marques, arrested in August 2013 and held without bail, faces U.S. charges for conspiring to distribute and advertise child pornography on over 100 anonymous sites. He seeks a judicial review of the Director of Public Prosecutions' decision not to prosecute him in Ireland, claiming the case is exceptional because he has offered to plead guilty. Counsel for the State, Pat McGrath SC, rejected the claim of exceptional circumstances, noting no evidence of mala fides or procedural breach. He highlighted that the alleged offences were committed in Ireland, the IP addresses were U.S. based, and that Marques holds dual citizenship. The court heard that Marques has Asperger's syndrome and that U.S.
The High Court heard arguments regarding the extradition of Eric Eoin Marques, 30, of Mountjoy Square, Dublin, who is alleged to be the owner of 'Freedom Hosting'. US authorities seek his surrender to face charges of conspiring to distribute and advertise child pornography. Marques, who has been in custody since August 2013, is seeking judicial review of the DPP's refusal to prosecute him in Ireland. Counsel Mícheál P O'Higgins SC argued that the alleged offences occurred in Ireland and that Marques had offered to plead guilty in the District Court for sentencing in the Circuit Criminal Court. O'Higgins contended that extradition would be disproportionate, as US law could result in a life sentence without parole, whereas Irish law would impose a determinate sentence. He further noted that Marques, who has Irish and US citizenship, was diagnosed with Asperger's syndrome in May, raising health concerns regarding the US prison system. State counsel Patrick McGrath SC detailed the procedural history, including a US official's affidavit stating the Bureau of Prisons could manage Marques' medical condition. Justice Aileen Donnelly requested clarification on the specific acts alleged in this jurisdiction. The matter was adjourned and continues tomorrow.
In 2015 the High Court heard an application by Persona Digital Telephony and Sigma Wireless Networks, the unsuccessful bidders for the State's second mobile phone licence, to approve a third‑party funding arrangement with Harbour Litigation Funding. The plaintiffs, who had been denied a licence that was awarded to Denis O'Brien's Esat Digifone consortium in 1996, claimed the licence process was unfair and that Esat had bribed Minister Michael Lowry. Harbour Litigation Funding, a British company, would receive a share of any damages if the plaintiffs succeeded. Justice Aileen Donnelly ruled that the plaintiffs must disclose the general terms of the funding agreement and the identity of the funder so the court could assess potential abuse of process or champerty. The case was scheduled for a two‑day hearing in July, with the plaintiffs seeking damages for misfeasance, breach of duty, breach of contract, and a declaration that the 1996 regulations contravene EU law, all of which were denied.
A couple, Alan Murphy and Kelly Gilsenan, who had been sleeping in a tent since becoming homeless, agreed to comply with a High Court injunction that ordered them to vacate South Dublin County Council's offices in Tallaght. The injunction was granted after the couple refused a temporary emergency accommodation offer, claiming it was unsuitable. They had previously refused to leave the council's premises, prompting the court to issue a temporary order. The judge warned of serious consequences for non‑compliance and granted the injunction on an ex‑parte basis. The matter was adjourned to mid‑July to allow the couple to reply to the council's claim. The injunction also applies to anyone aware of it, but the judge allowed the couple to attend the offices with advisers to resolve their accommodation issues.
The High Court has opened the State's case to surrender Eric Eoin Marques, a 30-year-old resident of Mountjoy Square, Dublin, to US authorities. Marques, who holds dual Irish and US citizenship, is alleged to be the owner and administrator of Freedom Hosting and is wanted to face charges of conspiring to distribute and advertise child pornography. The State alleges the offences involved images of pre-pubescent children on over a hundred anonymous websites. Marques has been in custody since August 2013 after being refused bail due to flight risk concerns. During the hearing, counsel for the State, Patrick McGrath SC, detailed the proceedings and noted that Marques was diagnosed with Asperger's syndrome in May. A US official affirmed that the Federal Bureau of Prisons could provide appropriate care for his condition. Simultaneously, Marques is seeking judicial review of the Director of Public Prosecutions' decision not to prosecute him in Ireland. His counsel, Mícheál P O'Higgins SC, argued that extradition would be disproportionate, noting that while he would receive a determinate sentence in Ireland, he would effectively face a life sentence without parole in the United States. The matter was adjourned and continues before Ms Justice Aileen Donnelly on Tuesday.
Businessman Gerard Cosgrave, the applicant, brought High Court proceedings to prevent the Dublin City Sheriff from repossessing his family home in Donnybrook, Dublin. He seeks an injunction to stop the Sheriff from executing a 2013 Circuit Court order obtained by KBC Bank Ireland Ltd. Cosgrave claims the Circuit Court lacked jurisdiction to grant the repossession order because the property is not rated or ratable under the 2001 Valuation Act. KBC Bank sought the original order due to an alleged failure by Cosgrave to repay loans advanced in 2005 and 2006. The Sheriff stated he would take no steps to repossess the property while the matter is before the court. KBC Bank's lawyers opposed the application, describing it as misconceived. Mr Justice Paul Gilligan had previously granted permission on an ex-parte basis to serve short notice against the Sheriff and the bank. At the hearing, the judge noted that the application raised issues requiring clarification, including whether the High Court had jurisdiction to hear the case. Consequently, Mr Justice Gilligan adjourned the matter to next month. The case remains at the hearing or decision stage, with no final determination or sentence issued.
The High Court will decide next week on an application to jail solicitor John Condon for alleged contempt of a court order to pay €23,000 to the estates of two deceased siblings from County Wicklow. The executor, Nikolaus David Sean Boulting, claims Condon failed to comply with the order and retained estate monies, leading to proceedings to recover the funds. Condon, who has practiced for over 30 years, denies wrongdoing and argues the cheque for the owed amount was dishonoured by the bank, not by him. He also contends that additional fees of €36,000 were not due. Condon has requested an extension to appeal the payment order, but the executor's counsel says no extension was granted. Mr Justice Nicholas Kearns has reserved his decision, noting the seriousness of the matter and that he has never before committed a practising solicitor to prison for contempt.
Michael McKevitt, 65, a former Real IRA leader, was sentenced to 20 years in 2003 for directing terrorism and membership of an illegal organisation. He was due for release in July 2016 after a one‑quarter remission. McKevitt applied for an additional 8 % remission, arguing that his participation in structured prison activities such as art, drama, French, home economics and yoga reduced his likelihood of re‑offending. The High Court ruled that the Minister for Justice could not grant this enhanced remission and that the Minister was entitled to consider other relevant material, including Garda advice. McKevitt's appeal to the Court of Appeal was dismissed, with the court affirming that the Minister's discretion was not limited to a simple assessment of participation in authorised activities and that the decision to refuse the remission was lawful. The judgment noted McKevitt's good conduct and his role in the E2 'Republican' Landing, but upheld the refusal of the additional remission.
Michael Murray, who was found guilty in 2013 of rape, child abduction, and other serious offences and sentenced to 15 years by Mr Justice Patrick McCarthy, has brought a High Court action against the State. Murray claims prison authorities unlawfully recorded confidential phone calls between him and his solicitors while he was incarcerated at Midlands Prison. He seeks injunctions, a declaration that the authorities acted outside their powers, damages for breach of constitutional rights, and an independent review. The matter is currently at the pre-hearing stage before High Court President Mr Justice Nicholas Kearns. Murray, representing himself, requested an order compelling the State to provide all documents and records of communications with his legal advisors and the return of a computer seized by An Garda Síochána. Counsel for the State, Colm Smyth SC, stated that recordings were made inadvertently because Murray did not use designated confidential lines, and that the computer was seized as part of a Garda investigation. Mr Justice Kearns ruled that Murray is entitled to discovery of recordings of calls made to his legal advisers between May and July 2013. The judge determined that the issue regarding the computer is a matter for the full hearing. The case is due before the court later this year and will be opposed by the State. Murray's appeal to the Court of Appeal remains on hold until this High Court action is determined.
A mother of six, Aisha Ahmed (49), AKA Gloria Anwulika Aro (47), has been granted bail by the High Court following her arrest at Sundale Parade, Tallaght, Dublin 24, last October on a European Arrest Warrant issued by Italian authorities. She is wanted in Italy to serve a 20-year prison sentence imposed in her absence for alleged involvement in importing, selling, distributing, and trading large quantities of cocaine between September 1999 and June 2000. Her separated husband, Yemi Moshood Olatunde (47), AKA Roy Yemmy Andrew Aro, was also arrested in October and may be released on bail tomorrow. Olatunde AKA Aro, a taxi driver until his arrest, was sentenced to 20 years in Italy for allegedly associating with others to commit offences related to the purchase, transfer, distribution, trade, and unlawful possession of large quantities of cocaine. Both have denied being the persons sought on the European Arrest Warrants. Ms Justice Aileen Donnelly adjourned proceedings against the pair today, as the High Court had sought further information from Italian judicial authorities three months ago concerning the issue of trial in absentia, which the Italians did not appear to have answered. The matter was adjourned on condition that the pair be granted bail and the Italian authorities' response must be provided to the State prior to June 30, when the case would come before the court again. Ms Ahmed was remanded in custody on her own bond of €1,000 with consent to bail to June 30 next on condition she keep the peace, be of good behaviour, undertake to not apply for a passport and sign on daily at Clondalkin Garda Station. Ms Justice Donnelly said she would adjourn granting bail to Olatunde until tomorrow so that a number of matters could be sorted out.
In a High Court hearing on 9 June 2015, a lawyer for a NAMA‑appointed receiver said the dispute over alleged unlawful trespass at Grangegorman, Dublin, may be resolved. The dispute stemmed from Mr Stephen Bedford, who had lived at the premises and was jailed for 14 days after a contempt order to vacate the property. Bedford purged his contempt and confirmed he would leave by noon on Wednesday. Mr Justice Paul Gilligan had ordered Bedford's imprisonment or until he purged contempt of a March 24 order directing all occupants to leave by 4 May. Bedford's appeal to the Court of Appeal for a stay was pending. The receiver, Mr Luke Charleton, seeks to sell the properties to repay a €21.9 m debt owed by businessman Paschal Conroy. Mr Graham O'Doherty, the receiver's solicitor, said the receiver could take possession soon as remaining occupants were leaving.
A judge has made the final orders in the judicial review of an Algerian-born Irish citizen, Ali Charaf Damache, whose extradition was refused last month in the High Court. Ali Charaf Damache was wanted in the United States on two alleged terrorism-related offences. On May 21, High Court judge Ms Justice Aileen Donnelly delivered her judgement refusing the State's application for the extradition of Mr Damache at the request of the United States of America. Ms Justice Donnelly stated that in the event that the State successfully appeals the refusal of extradition, she will grant orders quashing the decision of the DPP not to prosecute and the later decision not to revisit that decision in light of the fact that an extradition request has been made. Legal aid was also granted by the judge to cover both sets of proceedings. The main points of objection to his extradition include grounds related to the conditions of detention, the sentencing procedure under U.S. Federal Sentencing Guidelines, the plea bargaining system, and the nature and length of the sentence he would be bound to receive. In separate proceedings, Mr Damache sought to review the decision of the DPP not to prosecute him in this jurisdiction arising from the factual allegations underpinning the extradition request and the failure of the DPP to give her reasons for her decision. The 50-year-old man has been living here for a decade and is wanted in the United States to face charges relating to conspiracy to provide material support for terrorists and attempted identity theft to facilitate an act of international terrorism. Last December was the second time his extradition case had been heard. In November 2014, Mr Damache won a Supreme Court appeal against a High Court judge's refusal for leave to seek judicial review of the decision of the Director of Public Prosecutions not to prosecute Mr Damache here. The Supreme Court unanimously ruled Mr Damache was entitled to apply for judicial review on two issues: whether the DPP's March 2011 refusal to prosecute him here is reviewable, and whether the DPP was entitled to refuse to give reasons for her refusal. If Mr Damache had been convicted in the US, he could have faced up to 45 years in jail, a term his lawyers said would be 'a lot more' than would be imposed here in Ireland. In her judgement last month, Ms Justice Donnelly said there was no meaningful judicial review available in the US of the conditions of detention and the necessity for same. The High Court previously heard the US alleges it has evidence that Mr Damache conspired with American woman Colleen LaRose – who used the online name 'Jihad Jane' – and others to create a terror cell in Europe capable of targeting both US and western European citizens. It is alleged Mr Damache – who went by the username 'Theblackflag' – also participated in a conspiracy to transfer a passport stolen from a US citizen to an individual in Pakistan whom the conspirators believed to be a member of Al Qaeda. It is contended that part of the alleged conspiracy was to recruit women whose appearance would allow them access to and the ability to travel around Europe. In January of 2014 LaRose was jailed for ten years by a Philadelphia judge, having admitted her involvement in a plot to murder Swedish cartoonist Lars Vilks, who sparked an international controversy by depicting the Prophet Mohammed on the head of a dog.
John Collins, 23, has filed a High Court challenge against a lower court order that bars him from all licensed premises in Dublin for six months. The order stems from a public order case in Blanchardstown District Court where Collins pleaded guilty to intoxication and threatening, abusive behaviour on 8 March at Cardiffsbridge, Finglas West. Judge Alan Mitchell fined him €200 for the behaviour and €100 for intoxication, then imposed an exclusion order under Section 3 of the Criminal Justice (Public Order) Act 2003. Collins, who had no prior convictions, argued the order is vague, disproportionate, and infringes his constitutional rights. He seeks to quash the exclusion order and other related orders. Justice Seamus Noonan granted permission for the appeal and stayed the district court order pending the High Court decision. The case remains pending.
During a High Court hearing, Assistant Commissioner John Fintan Fanning claimed that Commissioner Nóirín O'Sullivan asked him about his personal political views during his interview for Deputy Commissioner. He said the questions concerned left‑wing political extremism and left‑wing politicians, and that he felt uncomfortable because he is legally required not to affiliate with any political group. Fanning argues the interview was unfair and that the Commissioner should have declared a conflict of interest and recused herself. The interview board members, including Mr Sean Dorgan and Ms Margaret McCabe, testified that the questions were about left‑wing extremists only in the context of security threats, not about his personal political views. Fanning seeks an injunction to halt further appointments to the Deputy Commissioner post and declarations that the recruitment process violated his constitutional rights. The case is before Justice David Keane.
The High Court concluded proceedings that had required the evacuation of residents from a four‑storey building at 3 Kelly's Row, Dublin 1, which also includes 20 Dorset Street. The order, obtained by Dublin City Council, remains in force, preventing any occupation of the building until fire‑safety requirements are satisfied. The case involved owners Mr Frank Chatham of Arch Villas and Mr Joseph Simpson of Tara Green, who had previously consented to the order. The court noted that the building had been inspected on 11 May with no evidence of fire‑safety measures, and that the risk of fire was deemed "so serious" that use of the premises must be prohibited until remedial actions are taken. Mr Simpson, who represented himself, stated that tenants were being moved and that 95 % of the items listed in the fire‑safety notice had already been addressed in 2007 renovations, though outstanding issues were still being rectified.
In a High Court hearing on 20 May 2015, lawyers for the State and businessman Denis O'Brien sought to inspect the funding arrangements between the unsuccessful bidders for the State's second mobile phone licence – Persona Digital Telephony and Sigma Wireless Networks – and Harbour Litigation Funding (HLF), a British company that would fund the bidders' action for damages against the State. The bidders, who claimed the licence award to Esat Digifone was unfair and possibly corrupt, had entered a funding agreement with HLF in March 2015. The defendants argued that the agreement was confidential and privileged, while the plaintiffs contended that the court should allow them to see the document before the July hearing. Counsel for the Minister for Public Enterprise cited Supreme Court precedent that professional third‑party funding is not permitted in Ireland, whereas counsel for O'Brien argued that the parties are entitled to inspect the agreement under the Rules of the Superior Courts.
In May 2015 the Irish Times Ltd filed High Court proceedings against Times Newspapers Ltd, alleging that the UK publisher intended to launch a new online newspaper titled 'The Times Ireland'. The Irish Times claimed that using this title would breach its trade mark and copyright, creating a risk of confusion with its own publication. Jonathan Newman SC represented the Irish Times, arguing that the proposed use was a serious violation of copyright and that the new digital edition, part of a seven‑day subscription with 'The Sunday Times', would cause "enormous problems" for the Irish Times, whose online readership reaches six million monthly. The court granted the Irish Times permission to serve short notice of the proceedings, and the case was set to return later that month. The Irish Times seeks orders preventing the use of the title, domain names, Twitter descriptions, and logos similar to its own, but no undertakings have yet been received from the defendants.
Dublin Bus has applied to the High Court for injunctions to stop rival operator Dublin Coach from using any shade of green on its vehicles, staff uniforms or promotional material. The State company argues that Dublin Coach's recent launch of a green‑coloured open‑top bus service for city sightseeing is likely to confuse customers, as Dublin Bus has operated its own green‑coloured Dublin Bus Tours since 2006. The injunctions sought would also require Dublin Coach to adopt a distinctly different colour for its buses, stops, uniforms and marketing. Mr Justice Paul Gilligan granted Dublin Bus permission to serve notice of proceedings against Dublin Coach and adjourned the matter to the following week, stating he would hear both sides before deciding on the application. The case remains pending, with the court yet to rule on the injunction request.
In May 2015 the High Court granted a Dublin City Council order to evacuate a four‑storey building at 3 Kelly's Row, Dublin 1, including flats on 20 Dorset Street, because of "serious" fire‑safety concerns. The owners, Frank Chatham and Joseph Simpson, consented to the order after the court had served them notice. Simpson, who represented himself, disputed claims that the owners had not acted since a March fire‑safety notice had prohibited use of the flats. He said he and his co‑owner had asked tenants to leave, stopped collecting rent, and offered €600 each to vacate, but tenants remained. He also denied that the owners had refused to return deposits. The court noted that the building's single staircase was unsafe, electricity had been disconnected, and no fire‑safety measures were in place. The order prohibited the use of the premises for accommodation until the required works were completed. The case was adjourned to the following week.
Mr Justice Paul Gilligan adjourned a High Court application brought by NAMA-appointed receiver Mr Tom Kavanagh seeking immediate possession of a Dublin property. The applicant sought injunctions to enforce a November 2014 agreement signed by Mr Edgard Hall and his wife, Daphne, which required them to vacate the home at Dunrovan, Ferndale Road, Rathmichael, Co Dublin, to allow its sale. The Halls, who state they have lived in the family home for over twenty years, opposed the application. Mr Hall, representing himself, acknowledged signing the agreement but argued he had made improvements worth €75,000 and that eviction would cause homelessness. Mrs Hall's counsel, Charlotte Finnegan BL, alleged she lacked independent legal advice, claimed the agreement was altered by a third party, and argued the injunction would breach her rights under the Family Home Protection Act. The receiver's counsel, Brian Conroy BL, stated the receiver wished to sell the property, valued at approximately €900,000, to reduce debt. The judge dismissed the injunction application, noting that issues regarding legal advice, the agreement's validity, and statutory protections must be determined at a full hearing. He found damages an adequate remedy and that the balance of convenience favoured the Halls remaining in the property. The matter was adjourned for several weeks to allow the parties to exchange documentation, with a hearing date to be fixed upon return.
Finbar Tolan, a cattle dealer and farmer from Middle Mace, Claremorris, Co Mayo, is suing Aurivo Co Op, formerly Connaught Gold Co Op Society Ltd, in the High Court for alleged breach of contract. The applicant claims the defendant failed to honour a July 2012 agreement regarding credit terms for cattle purchased at Balla and Ballinrobe marts. Mr Tolan alleges that after securing bank arrangements to comply with reduced credit terms, the co-op sought further amendments in August 2012. He claims he was subsequently barred from trading at the Balla mart, preventing him from fulfilling a contract to deliver ninety cattle to a meat plant, which led to the loss of that contract and his eventual exit from business. The defendant denies these claims, stating the action was a response to separate High Court proceedings it brought in October 2012. The co-op secured a judgment for €154,000 in those proceedings, which has been appealed to the Supreme Court. Mr Tolan stated he wished to consolidate the two matters, but his application was refused. The case, heard before High Court President Mr Justice Nicholas Kearns, continues.
In a High Court hearing on 12 May 2015, Mr Justice Paul Gilligan adjourned a receiver's application for the removal of occupants from several Grangegorman premises for one week. Receiver Luke Charleton, appointed by NAMA, sought to have people who allegedly remained on the site – estimated at 20 to 30 – removed, as the properties were ordered to be vacated by 5 May. Charleton's client, businessman Paschal Conroy, owes €21.9 million and the receiver wants to sell the properties to satisfy the debt. Mr Graham O'Doherty, the receiver's solicitor, now wishes to take possession but cannot do so while occupants remain. Two men, Stephen Bedford and Gréum Ná Hearadh, opposed the application and requested a stay pending the appeal. The judge refused to extend the stay, noting that the appeal is listed for 14 May in the Court of Appeal.
The High Court has adjourned the extradition hearing of Eric Eoin Marques, an Irishman alleged to be the owner and administrator of the anonymous hosting site Freedom Hosting. Marques, a 28-year-old resident of Mountjoy Square in central Dublin, is wanted by US authorities to face charges relating to conspiring to distribute and advertise child pornography, as well as advertising and distributing such material. He has been in custody since his arrest in August 2013 after being refused bail due to flight risk concerns. Counsel for the respondent, Michael P O'Higgins SC, informed the court that Marques had been assessed by psychiatrist Patricia Casey and diagnosed with Asperger's syndrome. Ms Justice Aileen Donnelly criticized the failure to file written submissions prior to the hearing, describing the situation as "entirely unsatisfactory" and unfair to the court. She noted that the newly admitted affidavits would require time for review. Consequently, the matter was adjourned. Ms Justice Donnelly remanded Marques in custody until June 29th and scheduled the matter for mention on June 16th. The court also noted that the DPP had previously decided not to prosecute Marques in Ireland, a decision he sought to challenge via judicial review, which was initially refused but later granted leave by the Supreme Court in November 2014.
In a High Court ruling on 11 May 2015, Mr Justice Paul Gilligan granted University College Cork (UCC) an injunction that bars SIPTU and the Irish Federation of University Teachers (IFUT) from staging a picket at six of the twelve entrances to UCC's main campus on the following Wednesday. The injunction was issued because UCC argued that the planned picket, linked to a long‑running pay dispute at the Tyndall National Institute, would be an escalation that could cause significant disruption, especially for students sitting exams. SIPTU opposed the injunction and indicated that its client might appeal. IFUT did not participate in the proceedings. The judge noted that communications from the unions suggested the picket was intended to support Tyndall staff and was not meant to interfere with exams, but UCC maintained that the action was not part of the dispute and could disrupt campus activities.
A bank‑appointed receiver, Mr George Maloney, has taken possession of land owned by Mr Paul O'Shea in Davidstown, Castledermot, Co Kildare, after a legal dispute that saw Mr O'Shea jailed for contempt of court. Mr Justice Paul Gilligan informed Mr O'Shea that he would face prison again unless he handed the land over to Mr Maloney by noon on Friday. Mr O'Shea had previously spent 15 days in jail following a finding that he had interfered with Mr Maloney's attempts to sell the land, but was released after agreeing to comply with court orders. Mr Maloney's lawyers claimed ongoing interference by Mr O'Shea and others, including anti‑eviction campaigner Ben Gilroy, prevented the receiver from taking possession. Mr Maloney alleged intimidation and verbal abuse on the land. Mr O'Shea denied obstructing the receiver. John Gleeson SC, for Mr Maloney, reported that the land was handed over at noon in compliance with court directions.
In a High Court hearing on 7 May 2015, Mr Justice Paul Gilligan warned farmer Paul O'Shea that he could be returned to prison unless a bank‑appointed receiver, Mr George Maloney, could take possession of O'Shea's lands by noon the following day. O'Shea had previously spent 15 days in jail for contempt of court orders that he not interfere with Maloney's attempts to sell the 31‑hectare fields in Davidstown, Castledermot. He was released after stating he would comply, but Maloney's lawyers claimed ongoing interference prevented possession. Maloney's counsel alleged intimidation and verbal abuse by O'Shea and others, including anti‑eviction campaigner Ben Gilroy. O'Shea denied obstructing the receiver, asserting the receiver was misleading the court, and said he would never give up his family farm. The judge said the receiver was entitled to possession and that any failure to hand over would result in O'Shea's committal to prison for contempt.
Michael McKevitt, 66, a former Real IRA leader, was sentenced to 20 years in 2003 by the Special Criminal Court for directing terrorism and membership of an illegal organisation. His sentence, back‑dated to 2001, is set to be reduced by the normal one‑quarter remission, with release expected in July 2016. McKevitt applied for an additional 8 % remission, arguing that participation in structured prison activities such as art, drama, French, home economics and yoga entitled him to a one‑third remission. The High Court refused this request, stating the Minister for Justice could only consider whether the prisoner had completed authorised activities and had shown good conduct. McKevitt has now appealed that decision to the Court of Appeal, where counsel argues that the High Court's rulings were inconsistent and that the Minister's discretion was improperly limited. The Court of Appeal will decide the appeal shortly.
Emily Casey, 18, was left paralysed from the chest down after a screw was incorrectly inserted into her spinal cord during a scoliosis operation at Our Ladies Hospital for Sick Children on 8 December 2009. She sued the hospital and consultant orthopaedic surgeon Dr David Moore for medical negligence. On 6 May 2015 the High Court approved a part‑settlement of €1.668 million, which Emily and her family accepted. The settlement follows the admission of liability by the hospital last Friday. The case remains open for further issues, and an apology is being prepared for Emily. The settlement was granted while the case is adjourned to a later date in the month for any remaining matters. The court noted that Emily had previously suffered meningitis at age four and had been able to walk with a frame before the surgery. The settlement reflects the severe complications and paralysis caused by the surgical error.
In a High Court settlement on 6 May 2015, a mother and her young son, who had been in foster care more than three years earlier, agreed to receive €40,000 from the Health Services Executive (HSE) to resolve defamation and privacy claims. The mother alleged that foster parents had posted false, highly defamatory remarks about her on Facebook in early 2012, including pictures of the child, and that the HSE had breached privacy, confidence and statutory duties by allowing such posts. She claimed the posts caused ridicule, contempt and damage to her character, and that her constitutional and European Convention rights to privacy were violated. The son also alleged a breach of privacy. The HSE was accused of negligence for failing to train foster parents on social media use or provide a policy.
Alan Toal Bl, a barrister from Arklow, has brought High Court proceedings to stop an internal disciplinary tribunal from imposing sanctions on him, arguing that judges of the Superior courts cannot hear the case because they are effectively defendants. He claims that all judges are automatically benchers of the Honourable Society of the Kings Inns, the body that regulates barristers, and therefore cannot be independent. Toal seeks injunctions to prevent the Barristers Disciplinary Tribunal from deciding on his case after a sanction hearing in July, and to expunge certain complaints. The four respondents – the Barristers Disciplinary Tribunal, the General Council of the Bar Council of Ireland, the Professional Practices Committee of the Bar Council, and the Barristers Professional Conduct Tribunal – have opposed the action. Mr Justice David Keane dismissed applications to adjourn the case or recuse himself, stating there was no legal basis for the case to be held.
The Commercial Court has dismissed a legal challenge brought by People Over Wind and Environmental Action Alliance Ireland against An Bord Pleanala's decision to grant planning permission for a wind farm in the Midlands. The applicants sought to quash the Board's June 13th decision allowing Coillte Teoranta to construct 18 wind turbines near Cullenagh, Co Laois. They alleged the Board failed to conduct a proper environmental impact assessment, did not provide adequate reasons for its decision, and ignored Laois County Council's refusal and the Board's inspector's recommendation to refuse permission. An Bord Pleanala rejected these claims, arguing its decision should remain undisturbed. Coillte Teoranta, the Department of Arts, Heritage and the Gaeltacht, and Laois County Council were notice parties. In a detailed judgment, Mr Justice Robert Haughton dismissed all grounds of the claim. He found that the Board carried out a proper appropriate assessment that engaged with all observations and included sufficient findings and analysis. The judge also rejected submissions that the Board failed to assess the development using the best scientific knowledge available or materially contravened the Co Laois development plan. Following his decision, the judge adjourned the matter to a date later this month to allow the parties to digest his decision.
The High Court heard that Garda Commissioner Nóirín O'Sullivan denies claims by Asst Commissioner John Fintan Fanning that she asked him about his views on 'left wing political extremism in Ireland' and left wing politicians during interviews for the position of Deputy Commissioner. Asst Commissioner Fanning initiated High Court action, alleging an 'unfair' competition for the post and claiming he was 'taken aback' and 'uncomfortable' at being asked such questions. He also claims Commissioner O'Sullivan should have declared a potential conflict of interest prior to the interviews and recused herself from them. The case is against the Public Appointments Service, Ireland and the Attorney General. Asst Commissioner Fanning seeks an injunction to restrain the PAS from taking further steps in appointing any persons as Deputy Commissioner pending the outcome of his case, and also seeks declarations that the procedures adopted for recruitment to that post infringed his constitutional rights, including to fair procedures and natural justice. The matter was adjourned for one week for mention only, to see if a date for the hearing of the injunction application can be fixed. Counsel for the respondents said they are prepared to give an undertaking not to appoint any persons as Deputy Commissioner until the injunction application is heard.
A farmer, Paul O'Shea, and his wife, along with several supporters including anti‑eviction activist Ben Gilroy, face possible imprisonment for alleged interference with the receiver appointed over lands in County Kildare. O'Shea had previously spent two weeks in jail for contempt of court orders that prohibited interference with receiver George Maloney, who was attempting to sell lands owned by O'Shea at his home in Davidstown, Castledermot. After O'Shea was released on a sworn undertaking to purge his contempt, the matter was adjourned. When it returned before Mr Justice Paul Gilligan, Maloney's lawyers reported ongoing interference: intimidation, verbal abuse, threats of violence, and surveillance on the land.
During his final sitting at the Four Courts on 24 April 2015, Mr Justice Paul Carney retired after more than five decades of service as Ireland's most senior criminal judge. He was called to the Bar in 1966 and appointed to the High Court in 1991, presiding over hundreds of civil and criminal cases, including high‑profile rape, murder and manslaughter trials such as those of Wayne O'Donoghue, Michael Bambrick and the Mulhall sisters. Carney also sat on the three‑judge High Court that heard the Marie Fleming assisted‑suicide case and was involved in the 1986 Kenny appeal that introduced the exclusionary rule. He was known for his strict adherence to tradition, wearing a horsehair wig, and for being a "tough but fair" judge who insisted on high standards and the rights of victims.
In a High Court judgment, Mr Justice Nicholas Kearns ordered the demolition of Gregory Kinsella's wooden chalet on the N81 in Tinode, Blessington, after finding it breached planning laws. The chalet, built without permission, was owned by Kinsella and his sister Gillian. Wicklow County Council had sought demolition under Section 160 of the 2000 Planning and Development Act. Kinsella agreed to have the chalet demolished by 31 January 2016, and the judge welcomed the agreement, noting it brought the matter to an end. The judge declined to make a costs order, citing the special circumstances of the case, including a prior High Court decision on a similar chalet near Lough Dan. The judgment emphasized the importance of planning control to prevent unlawful development. The chalet was located on the busy N81 between Tallaght and Blessington. The court's order was made in 2015, with demolition to occur in early 2016.
The President of the High Court has rejected applications by three men imprisoned for drug possession offences, who sought release following a Court of Appeal decision that struck down provisions of the Misuse of Drugs Act as unconstitutional. Keith Willis was convicted of possessing ecstasy tablets after gardaí discovered drugs in his vehicle in Sligo in 2012. Anthony Murphy and Joseph Carberry were each convicted of possessing synthetic cannabis and pentedrone respectively for supply purposes. The men argued their detention had become unlawful after the Act's regulatory framework was found unconstitutional, contending the substances were not legally prohibited at the time of their arrests. Mr Justice Nicholas Kearns dismissed the applications, finding their detention remained valid. He held that prior Supreme Court authority established that cases concluded under laws subsequently found unconstitutional need not be reopened absent wholly exceptional circumstances. The judge determined none of the applicants satisfied the threshold for such exceptional relief. Anthony Murphy pleaded guilty. Joseph Carberry pleaded guilty. Keith Willis pleaded guilty.
A woman has brought a damages action against the State following an incident at Castlerea Prison in County Roscommon in May 2009. The applicant claims she was instructed by a prison officer to remove her jeans during a security screening before visiting her husband, and in doing so accidentally exposed herself. She alleges she suffered humiliation and psychological distress as a result and seeks damages for negligence and breach of duty, along with declarations that her constitutional rights were breached. The State denies the claims, contending the woman was never asked to remove her trousers and was treated appropriately by prison staff. In proceedings before the High Court, the prison officer involved gave evidence that he had only requested she remove outer garments as standard procedure and did not instruct her to take off her jeans. The case continues.
Ali Charaf Damache, a 50‑year‑old Algerian‑born Irish citizen, has been remanded until 21 May while his extradition case is heard in the High Court. Judge Aileen Donnelly said she hoped to deliver a judgement next month, though this may not happen. Damache faces US charges of conspiracy to provide material support for terrorists and attempted identity theft to facilitate international terrorism. He previously won a Supreme Court appeal allowing judicial review of the Director of Public Prosecutions' refusal to prosecute him in Ireland. If convicted in the US, he could face up to 45 years in jail.
The National Bus and Rail Workers Union (NBRU) and member Pauric Wall have launched a High Court challenge against the National Transport Authority (NTA). The applicants, who include Dublin Bus and Bus Eireann as parties whose routes are affected, seek to quash three NTA decisions made on January 22 regarding the tendering of approximately 30 routes in Dublin and Waterford City. The NBRU alleges that the NTA's decision to invite tenders breaches exclusive operating rights conferred under the Dublin Transport Authority Act 2008 and that the NTA acted outside its powers. The union claims the NTA incorrectly interpreted an EU Regulation, which it argues does not mandate the privatisation of public passenger transport services. The applicants seek declarations that the NTA's decisions are null and void. In response, NTA lawyers stated the authority is entitled to make the tendering decisions. The court heard that contract notices have been issued, with awards due in April 2016. Mr Justice Seamus Noonan granted permission to bring the action on an ex parte basis. The matter was adjourned and made returnable to a date in early June.
On Monday, the High Court adjudicated twelve individuals bankrupt, following the usual weekly list of 12‑20 cases. Justice Caroline Costello read the relevant documents in advance and made the decisions. After each adjudication, the Official Assignee takes control of the bankrupt's assets. The court also approved statutory sittings for sixteen people who had already been declared bankrupt, allowing creditors to attend and have their debts included. Most petitions were brought by the individuals themselves, who were mainly in their thirties and early forties, including a few couples. The average debt was around €250,000, largely owed to banks and financial institutions. Mr David Hall, CEO of the Irish Mortgage Holders Organisation, noted that many people are seeking bankruptcy "through no fault of their own" and called for a reduction of the bankruptcy term from three to one year, a proposal supported by the Labour Party but opposed by Fine Gael.
Dr Liam Glynn, a GP practising in Ballyvaughan and Fanore, Co Clare, has filed a High Court action against the HSE after it ruled he was no longer eligible for the Rural Practice Allowance. The scheme pays doctors who work in rural centres with fewer than 500 residents and no town of 1,500 or more within three miles. Glynn's practice serves a panel of 766 patients and he argues that Ballyvaughan's population of 258 and the nearest 1,500‑plus town being ten miles away meet the scheme's criteria. He claims the HSE used incorrect criteria and that the decision has left his practice financially unsustainable. Glynn seeks injunctions to prevent the HSE from terminating or altering his 2005 contract, to compel payment of the allowance, and to declare the HSE's decision null and void. The case was granted short‑notice service and is set for a return hearing next week.
In a High Court ruling, Ms Justice Iseult O'Malley found that an EU Directive on human‑trafficking victims had not been properly transposed into Irish law. The case involved a Vietnamese woman who was discovered locked in a cannabis grow‑house in Dublin and is due to be tried for unlawful possession of cannabis. She claimed she was a trafficking victim and that the State had breached her rights by refusing a declaration of victim status. The judge held that Ireland's mechanism for recognising suspected trafficking victims was inadequate, particularly in how it interacts with criminal investigations. She noted the need for clear rules or protocols when a person claims victim status while also being suspected of criminal activity. Following the judgment, the woman's solicitor intends to ask the Director of Public Prosecutions not to proceed with the prosecution, citing the woman's two‑and‑a‑half‑year prison term. The matter will be heard again later this month.
In April 2015, a High Court challenge was filed against Permanent TSB's plan to raise €400 million through a share placing aimed at returning the bank to private ownership. The challenge was brought by three shareholders—Gerard Dowling, Padraig McManus and Piotr Skoczylas—who sought injunctions to stop the Irish Stock Exchange from listing the new shares, to prevent the company from issuing ordinary shares to repay a contingent bond due in July 2016, and to halt the sale of non‑core assets until a general meeting approved them. The assets in question include €5 billion of the Group's Capital Home Loans mortgage book and €1.5 billion of commercial property‑related loans. The proceedings also named Permanent TSB Group Holdings plc, its board members including CEO Jeremy Masding, and the Irish Stock Exchange plc. Mr Justice Paul Gilligan granted the shareholders permission to serve short service of proceedings, with the case set for a return next week.
In a High Court hearing on 27 March 2015, a male prisoner on a nearly 50‑day hunger strike over his detention conditions was examined. The prisoner, whose identity is protected, is serving a long sentence for burglary and assault and has a substantial criminal record. He has mental health difficulties and a troubled upbringing. He has lost significant weight and is at risk of coma and death. The State seeks a declaration that the prisoner has the capacity to refuse all medical assistance if he becomes incapable of making a decision, and that the prison authorities' decision not to force‑feed him is lawful. The prisoner, in solitary confinement for over three years, demands that his meals be served by staff, not other inmates, and that two officers escort him during his hour in the exercise yard. The prison offered alternative meal arrangements and a different unit, which he declined.
Paul O'Shea, a farmer from Castledermott, Co. Kildare, was committed to Mountjoy Prison in January 2015 after a High Court finding that he had breached orders not to interfere with the work of receiver Mr George Maloney, who was appointed by Dankse Bank to sell O'Shea's 31‑hectare fields that were secured against a mortgage. O'Shea's detention has been challenged by Land League activist Jerry Beades, who argued that the warrant under which he is held is defective and that he was not informed of the reasons for his arrest. The State, represented by Tony McGillicuddy Bl, opposed the application, asserting the warrant was valid. Mr Justice Paul Gilligan adjourned the Article 40 proceedings to clarify procedural matters, noting that documentation was being presented piecemeal. The case remains pending, with the court scheduled to resume on Friday. The High Court had earlier ruled that O'Shea was in contempt of court and ordered his committal until he purged his contempt.
In a High Court hearing on 26 March 2015, alleged trespassers at several Grangegorman properties claimed that Lord Mayor Christy Burke had approved works carried out by them. The properties are subject to proceedings by NAMA‑appointed receiver Luke Charleton, who seeks orders to prevent trespass by "Persons Unknown." The trespassers, including James Sutherland, Stephen Bedford and Gréum Ná Hearadh, presented themselves in court and described their activities: a garden, an art gallery, a café, a circus workshop and biomass‑powered underfloor heating in a warehouse. They argued that the site had been derelict and that their occupation had stopped anti‑social behaviour such as underage drinking and noise. Hearadh said the work had received approval from local residents and the mayor, and invited the judge to visit. The trespassers opposed an application by solicitor Graham O'Doherty, who represents Charleton and seeks to assert his client's entitlement to the properties. O'Doherty cited insurance and health‑safety concerns.
Sean Dunne, a developer now based in the United States, has taken his appeal to the Supreme Court after the High Court refused to set aside his Irish bankruptcy. Dunne's lawyers, led by Bill Shipsey SC, argue that Irish law does not permit a double bankruptcy in different jurisdictions, citing that he was already declared bankrupt in the United States. They also contend that there are no Irish protocols allowing an Irish Official Assignee to work alongside a U.S. trustee in managing his estate. The appeal faces opposition from Ulster Bank and NAMA, Dunne's largest creditors, who maintain that the Irish adjudication should remain intact. The Supreme Court hearing, presided over by Chief Justice Susan Denham, Justice Mary Laffoy and Justice Peter Charleton, is scheduled to resume and is expected to conclude later tomorrow. The case highlights the conflict between Irish and U.S.
The extradition proceedings of Eric Eoin Marques, a 28-year-old resident of Mountjoy Square in central Dublin, were scheduled to proceed before the High Court on May 11. Marques is alleged to be the owner and administrator of an anonymous hosting site known as Freedom Hosting and is wanted by US authorities to face charges relating to conspiring to distribute and advertise child pornography, as well as advertising and distributing child pornography. He has been in custody since his arrest in August 2013, having been refused bail due to concerns he represented a flight risk and might interfere with evidence. During the pretrial stage, counsel Mark Lynam BL informed the court that Doctor Patricia Casey visited Marques in the midlands in March but could not finalize a neurological report without consulting a neurologist. A report was due at the end of April. Counsel for the State urged Ms Justice Aileen Donnelly to consider the importance of the case. The court determined that the extradition hearing would go ahead on May 11, following the furnishing of the required neurological report. The matter was not concluded or finalised at this stage, with the hearing set for the specified date.
At the High Court, a matter concerning Jim McConnon and the Official Assignee was adjourned to a date after the Easter holidays. Mr McConnon, a Co Monaghan shopkeeper adjudicated bankrupt in July last year following a €32m judgement by Zurich Bank (now Dunbar Assets Ireland), seeks permission to sue real estate company CBRE. He alleges CBRE negligently valued two sites near Castleblayney at €30m in 2007, a figure he claims was 940% of the true market value, which an independent valuer recently assessed at €3m. Relying on these reports, Mr McConnon borrowed €32m to develop a shopping centre but failed to repay the loans. He also alleges personal injury and defamation against CBRE. As an undischarged bankrupt, Mr McConnon requires the Official Assignee's permission to proceed under Section 44 of the Bankruptcy Act. The Official Assignee, Mr Chris Lehane, stated his office requires a surety before allowing the action to continue, citing potential cost implications for the taxpayer if the claim fails. Mr McConnon's counsel, Vincent P Martin, argued that his client has a constitutional right to proceed even without providing a surety. The judge adjourned the matter to a date after the Easter holidays.