In a High Court hearing on 2 July 2014, Goffs Bloodstock Sales Ltd sought payment from horse trainer Eugene McDermott and his wife Ashley Scanlon following the sale of the racehorse "Investmentsuccess". Goffs claimed the horse's transfer to Ms Scanlon breached a 2012 mortgage agreement and was conducted without notice or consent. The horse was sold for approximately €178,000, with proceeds deposited into Ms Scanlon's Ulster Bank account. Goffs had obtained an injunction preventing Ms Scanlon from accessing funds above €202,000. During the hearing, Mr McDermott, representing himself, acknowledged that the monies were owed to Goffs and that payment was his intention, though he disputed the alleged clandestine transfer. The court agreed to order the transfer of up to €178,000 from Ms Scanlon's account to Goffs, noting that €94,000 was currently held there. The case was adjourned with liberty to re‑enter.
Dr Farrukh Naseem, acting as applicant, secured an interim injunction in the High Court preventing the Public Appointments Service (PAS) from conducting interviews for the position of Consultant General Surgeon at Midlands General Hospital in Portlaoise. The applicant, who has served as a Consultant Surgeon at the hospital on an interim basis since 2010, applied for the permanent post. A six-person panel established by the PAS initially shortlisted seven of twelve applicants, excluding Dr Naseem. Following a successful appeal, the PAS ruled that Dr Naseem should be included in the shortlist. However, the applicant alleged that the same panel intended to conduct the upcoming interviews, raising concerns regarding an apprehension of bias and fair procedure. Counsel for the applicant argued that the panel should be reconstituted to ensure the application is properly considered and to protect the applicant's professional reputation. Mr Justice Paul Gilligan granted the interim injunction on an ex-parte basis, effectively halting the interviews scheduled for that day. The Judge adjourned the matter to a date next week, meaning the proceedings were not concluded or finalised at this stage.
In Northern Ireland, Francis Joseph Tiernan, a man in his fifties from Carrickedmond, Kilcurry, Dundalk, Co. Louth, voluntarily surrendered to authorities after a European Arrest Warrant issued in 2012 was executed. The warrant concerns four alleged offences between 1 December 2004 and 1 April 2007, including forging a will, forging a document purporting to be a property sale agreement, and conspiracy to use false instruments. Each offence carries a potential 10‑year prison penalty. Mr Tiernan entered the witness box, signed a surrender document, and was remanded on continuing bail until handover.
Eric Eoin Marques, a 29-year-old Dublin resident with an address at Mountjoy Square, was remanded in custody by the High Court to appear again on September 9 for a judgment on his application for leave to seek judicial review. Mr Justice John Edwards stated he was still working on the "seemingly complex" case. Marques is alleged to be the owner and administrator of Freedom Hosting, an anonymous site described by an FBI agent as "the largest facilitator of child porn in the world." He faces allegations of conspiring to distribute and advertise child pornography, as well as advertising and distributing such material. The DPP decided not to prosecute him in Ireland, a decision Marques is challenging. He has been in custody since August last year after being refused bail due to flight risk concerns. At a previous hearing, the court was told that Marques faces up to 100 years imprisonment if convicted in the US of the alleged offences. The matter was adjourned to September 9 for the delivery of the judgment.
In a High Court hearing on 30 June 2014, businessman Jonathan Bourke sued fellow shareholders John Reynolds and Eoin Foyle, along with Mercroft Taverns Ltd, over a claimed dilution of his shareholding, his dismissal from employment at The Market Bar, and removal as a director. Bourke alleges that at a purported meeting on 9 May, the company decided to dilute his shares, oust him from his role, and strip him of directorship. He seeks court orders to set aside those decisions, to restrain his removal as director, to maintain his employment status and salary, and to prevent Reynolds from presenting himself as the majority shareholder. Reynolds and Foyle were not represented when the case was mentioned, and the court granted an adjournment and permission to serve the papers by post. The proceedings were adjourned to later in the month.
A credit manager at Rabobank, Colin Browne, who has been on sick leave for stress since January, brought a High Court action alleging the bank intended to dismiss him for missing internal disciplinary hearings about his absence. Browne, medically certified unfit for work, sought an injunction to prevent termination. The bank denied wrongdoing and opposed the injunction. The injunction hearing was scheduled before Mr Justice Michael Peart, but after negotiations the parties agreed to settle, and the court was instructed to strike out the proceedings. The settlement terms remain confidential.
Eurotrek Raleigh (Ireland) Ltd., owners of the Eurocycles/Eurobaby chain, obtained a temporary High Court injunction on 5 June 2014 preventing the receiver appointed by NAMA to lock out the company's South William Street shop. The receiver, acting for landlord Marlindale Ltd., had taken possession of the premises and changed the locks without notice, forcing the shop to close and its ten employees to leave. Eurotrek, represented by Dominic Hussey SC and Colm O'Dwyer BL, argued that the receiver had no right to lock them out and that the repossession was not conducted peacefully. Mr Justice Kevin Cross granted the injunction ex‑parte, allowing Eurotrek staff to re‑enter the premises and preventing further trespassing. The case was adjourned for a later hearing. Eurotrek has operated the shop since 2005, spent €350,000 on refurbishments, and has been negotiating lease terms with the landlord since the original lease expired in 2010.
In a High Court action, Goffs Bloodstock Sales Ltd has sued trainer Eugene McDermott and his wife Ashley Scanlon, alleging that the racehorse "Investmentsuccess" was transferred by McDermott to Scanlon without Goffs' consent and subsequently sold. The sale, reportedly for €178,000, was deposited into Scanlon's Ulster Bank account. Goffs claims the transfer breached a 2012 chattel mortgage agreement that required notice of any sale and payment of proceeds within seven days. A temporary injunction was granted by Mr Justice Brian McGovern, preventing Scanlon from accessing the funds. The case stems from earlier litigation in 2011–2012 where Goffs sought repayment of money owed by McDermott, resulting in a €282,000 judgment and subsequent mortgage agreements for nine horses. Goffs now seeks to enforce the mortgage terms and recover the proceeds of the disputed sale.
Paul McGlade, a businessman who acquired a share in the Pygmalion Public House in 2013, has filed High Court proceedings against his fellow shareholders, brothers Jay and Tim Bourke, and the company Pygmalion Public House Ltd. McGlade alleges that he has been excluded from the premises and that the Bourke brothers have changed the locks to prevent his entry. He seeks injunctions to restore his management role and to stop the Bourkes from further restricting his access. The case, involving McGlade and two companies, Fellerim Ltd and Lintrath Holdings Ltd, was briefly addressed by Mr Justice Brian McGovern, who adjourned it to allow document exchange. The matter is scheduled for a hearing in July. The proceedings are pending a full trial.
In the High Court, Minister for the Environment and Local Government Phil Hogan is suing TV3 for defamation arising from comments made by broadcaster Vincent Browne on the Tonight with Vincent Browne programme on May 20. The Minister alleges Browne described him as a "bigoted racist" following representations Hogan made regarding housing suitability for a family from the Irish Travelling Community in a vacant council property in Co Kilkenny. Hogan claims the remarks implied he was prejudiced, breached the Incitement to Hatred Act, and were unsuitable for a public representative, causing reputational damage and stress. He seeks damages, a correction order, and the removal of the broadcast from TV3's website. TV3 denies the claims, arguing Browne expressed an honestly held opinion based on the Minister's public statements. During a pretrial motion, Hogan's counsel, Rossa Fanning BL, sought to amend the statement of claim to clarify interactions with Kilkenny County Council, asserting the Minister has "no issues" with the Travelling Community and has advocated for their housing. TV3's counsel, Marcus Dowling, opposed the amendment, arguing it glossed over factual inaccuracies. Justice Paul Gilligan ruled Hogan was entitled to amend his claim, noting he may need to provide a sworn statement regarding variations and could be cross-examined on inconsistencies. The matter was adjourned, with the case listed for a future hearing before a judge and jury.
In a High Court case involving Noel Bailey (60) and his son Darren (26), Judge Paul Gilligan urged the family to mediate their dispute over farm machinery. Bailey had obtained a temporary injunction preventing Darren from selling or disposing of three pieces of equipment valued between €185,000 and €200,000, including a combine harvester, a JCB loader, and an Amazone One Pass Sowing machine. Bailey, who is ill and wheelchair‑bound, claims the items were taken without permission and are essential for his farm, machinery contracting and wood chip business on an 80‑acre property in Grantstown Ballacolla, Co. Laois. Darren denies wrongdoing and asserts an interest in the machinery. The judge ordered the return of the JCB loader to Bailey pending the final hearing, while the status of the other items will be decided at that hearing. He advised the parties to focus on family relationships and suggested mediation to resolve their differences.
The President of the High Court, Mr Justice Nicholas Kearns, struck off solicitor David Walsh, formerly of David Walsh and Co in Mullingar and Bagenalstown, following findings by the Law Society Disciplinary Tribunal of multiple counts of professional misconduct between 2004 and 2010. Walsh, who retired in 2012 and is seriously ill, had not practised since and opposed the strike‑off, seeking a lesser sanction. The Tribunal found he failed to keep proper books, honour client undertakings to financial institutions, refund a fee deducted from a client's estate, handle client monies properly, charge for unperformed work, and provide inaccurate information to the Law Society's accountant. The Law Society's Solicitors Disciplinary Committee ordered restitution of €67,000 plus VAT. Mr Kearns, sympathetic to Walsh's medical condition, ruled that no lesser sanction was viable and ordered the solicitor be struck off the Roll of Solicitors.
Paul Codd, a former All-Ireland winning Wexford hurler, has a warrant for his arrest due to his refusal to cooperate with his bankruptcy proceedings. The High Court judge was informed that the warrant could not be executed because Codd is currently residing in Northern Ireland, outside the jurisdiction. Codd had previously been jailed in December 2013 for alleged non‑compliance with the bankruptcy process and was released after providing a statement of affairs and promising to cooperate. He had given sworn undertakings in January to work with the court‑appointed official, Mr Chris Lehane, and to return leased machinery, but failed to meet with Lehane and did not return items leased by Friends First Finance and Deutsche Leasing Ireland. The court adjourned the matter pending the execution of the warrant once Codd returns to the jurisdiction.
Seán FitzPatrick, former chairman of Anglo Irish Bank, will exit bankruptcy in June after the High Court adjudicated him bankrupt in 2010 with debts of €147m and assets under €47m. The new insolvency laws cut the maximum bankruptcy period from 12 to three years, allowing automatic discharge once the official assignee confirms full cooperation. Mr FitzPatrick, aged 65 and residing in Greystones, Co Wicklow, was not present when the court granted an order to pay €1.6 million to the Revenue Commissioners, a preferential creditor, on an interim basis. The payment was directed by the official assignee, Mr Chris Lehane. FitzPatrick's 2010 statement of affairs listed debts mainly to financial institutions, assets in Ireland, Spain, the UK, France, Hungary, South Africa and the US, and interests in Nigerian oil and gas and the Quinlan Property group. Revenue also claimed over €3 million owed, part of which was appealed.
Duffy Meats Trading, a Wicklow‑based meat producer employing about 750 staff, secured a High Court injunction to stop the Technical Engineering and Electrical Union (TEEU) from blocking trucks at its Shillelagh plant. The company said the picket had prevented or delayed deliveries and threatened to halt operations. The injunction, granted ex‑parte, prohibits the TEEU and anyone with notice from interfering with access or egress, though it does not bar picketing itself. The court heard that the union was willing to give an undertaking to comply. The matter was adjourned with the injunction remaining in force. The dispute stems from changes to workers' terms and conditions, and the picket involved 10–15 union members forming a tight line that slowed trucks, raising health and safety concerns and requiring Garda escort. The injunction was obtained on 23 May 2014.
In a High Court decision, Thomas Tougher, the former owner of Tougher Oil Distributors Ltd (TODL), was found not entitled to maintain a lis pendens over several petrol stations in the restructured company. Tougher had registered the claim in November to prevent what he alleged was asset stripping by the new owner, John O'Regan, and to secure assets for a separate breach‑of‑contract action. The court vacated the lis pendens, deeming it unsustainable, but left the breach‑of‑contract claim standing, recognising it as a potentially viable claim. Tougher's claim centred on alleged misappropriation of €200,000 during the company's examinership, a matter that had surfaced after O'Regan's acquisition. O'Regan argued the lis pendens hindered refinancing and a potential sale of a forecourt operation to a national retailer. The judge noted that while the lis pendens was removed, the breach‑of‑contract claim remained, as it was considered stateable and sustainable.
A local election candidate in Bundoran, County Donegal, avoided imprisonment at the High Court after agreeing to remove material from YouTube that Bundoran Town Council alleged to be defamatory. Patricia McCafferty, an Independent candidate for Donegal County Council, had previously been directed by Mr Justice Paul Gilligan on 1 May to take down the posts and cease distributing election literature. When she failed to comply, she was brought before the court to answer contempt charges. Ms McCafferty, representing herself, undertook to remove the posts and election materials "under protest," stating she rejected the council's claims and intended to appeal the original order. Following her compliance, Mr Justice Gilligan found the contempt issue concluded and awarded legal costs to Bundoran Town Council, though a stay was placed pending the full hearing of the action. The judge directed that a statement of claim be served within 21 days.
Noel Bailey, a 60‑year‑old farmer and agricultural machinery contractor operating an 80‑acre farm in Grantstown Ballacolla, Co. Laois, obtained a temporary High Court injunction to stop his son Darren from selling or disposing of farm machinery valued between €185,000 and €200,000. The machinery includes a combine harvester, a JCB mechanical loader and an Amazone One Pass sowing machine. Noel Bailey claimed that Darren had removed the equipment from the farm in February without permission and had offered one piece for sale on the Donedeal website and others on motor sales sites in Waterford and Kilkenny. Noel, who is in ill health, said the machinery is essential for his businesses and that damages would not be adequate. The injunction was granted ex‑parte by Mr Justice Brian McGovern and is returnable later that week.
In a High Court hearing on 16 May 2014, Corporal Mark Beatty's sanction for attending a medical appointment was quashed. Beatty, stationed at Dublin's Cathal Brugha Barracks, had been charged with absent without leave and insubordination after returning from a medical centre that he claimed had been sanctioned by his commanding officer. He was incarcerated in the guard room for four hours without charge or judicial review. The following day his commanding officer investigated and fined him €300. Beatty argued that the incarceration breached natural justice and that no authority could sanction him. He brought proceedings against the Minister for Defence, the Attorney General, the Director of Military Prosecutions and the Officer Commanding 2nd Cavalry Squadron, with the Human Rights Commission as a notice party. The High Court, after hearing the case, found that the matter had been settled and that Beatty's conviction was to be quashed, though settlement terms remain confidential.
In a High Court hearing on 16 May 2014, Mr Justice Paul Gilligan warned directors Pia Bang Stokes and Georgio Casari of Vino Classico Ltd that they risk imprisonment for contempt if they fail to file the company's outstanding annual returns for 2010‑2012 with the Companies Registration Office. The court had previously ordered the directors to file these returns by the end of 2013, a deadline they missed. Stokes, who represented herself, cited inaccuracies in the accounts and her long business experience as reasons for non‑compliance, while Casari, also self‑represented, claimed he could not afford an accountant and was not qualified to prepare the returns. The judge granted an additional four‑month period, extending the deadline to early October, but warned that any further failure would lead to a motion for their attachment and committal to prison. The case remains pending, with the court's order still in force.
The Garda Commissioner has sought to have the claim for damages brought by Stephen Costello (43) and his wife, Karen, dismissed. The couple alleges they have been subjected to an ongoing campaign of Garda harassment and intimidation. In 2005, the couple was granted an injunction preventing Garda entry to their home except under a warrant or at the request of a household member. The Gardai deny the claims. Mr Costello believes the Gardai mistakenly think he is involved in the drugs trade, stating he has never been involved in any illegal activity. The Garda Commissioner has asked the court to strike out the Costellos' claims for alleged trespass, intimidation, and harassment. The couple has opposed the application. Mr Justice Michael White reserved his decision. Counsel for the Commissioner argued there was an inexcusable and inordinate delay by the Costellos in progressing their claim. The Costellos' counsel denied any delay, citing changes in legal representation and illness of the barrister. Mr Costello, who worked in the environmental section of South Dublin Co Council, stated the Gardai commenced harassment against him 18 years ago. He said he was first arrested in 1996 and questioned about stolen guns. The detective who questioned him was later discharged and has been convicted of criminal convictions. Another garda who arrested him was convicted and jailed for dangerous driving causing death, while another who arrested Mr Costello was jailed for tax evasion. The couple obtained a High Court injunction against the Gardai, but Mr Costello claims he has continued to face harassment, including being stopped, searched, and strip searched for drugs on multiple occasions. The claims of harassment are denied.
In May 2012 a 16‑year‑old boy was arrested in Cork City and pepper‑sprayed by Garda Brendan Dowling and Garda Fiona Sheehan. The teenager complained of assault, prompting the Garda Ombudsman Commission (GSOC) to investigate. GSOC's findings led the Director of Public Prosecutions to prosecute both officers. At Cork District Court, CCTV footage and the teen's testimony were presented; the prosecution withdrew, and the charges were struck out. Dowling was acquitted. After the acquittal, GSOC announced a fresh investigation into Dowling's conduct, alleging abuse of authority. Dowling sued in the High Court to stop this investigation, arguing it breached natural justice. Judge Gerard Hogan, with consent from both parties, quashed GSOC's decision to open a new inquiry and prohibited GSOC from investigating Dowling regarding the May 12, 2012 incident. The case concluded with no further action against Dowling. The unnamed teenager had the case dismissed.
Helen Guiney, a widow from Kiskeam, Mallow, Cork, was awarded €794,765 in damages after her husband John died in a work‑related accident at a site in Raheen, Carrigaline in November 2000. The award was obtained against his former employer, MJ Manning Construction Ltd., which has since ceased trading. The insurer, UK‑authorised Independent Insurance Company Ltd (IICL), entered provisional liquidation in 2001, and creditors of IICL were expected to recover only 10‑15% of their claims. Mrs Guiney applied to the Insurance Compensation Fund (ICF), established under the 1964 Insurance Act, to recover the balance. In May the Accountant of the High Court refused her application, stating that the policy held by MJ Manning with IICL did not fall within the 1964 Act as amended in 2011, because IICL was liquidated before the amendment. The Accountant also noted that responsibility for the claim lies with UK authorities supervising IICL.
Shelia Flannery, a retired horse breeder and trainer, resolved her High Court action against Sean Kavanagh regarding a disputed plot of land in Dunboyne, Co Meath. Ms Flannery alleged that in August 1996, she placed the land in Mr Kavanagh's name for safe keeping, trusting him to hold it in her benefit. Mr Kavanagh denied these claims, asserting they were not business partners and that the transfer was made in lieu of payment for debts and services he provided, including stabling and veterinary fees. Ms Flannery also brought proceedings against ACC Bank, which stated it would abide by any court order. At the High Court, Mr Justice Michael White was informed by counsel Benedict Ó Floinn SC that the matter had been resolved. The court made a declaration that the land was held in trust by Mr Kavanagh for Ms Flannery and directed him to transfer the property to her. Helen McCarthy Bl, representing Mr Kavanagh, confirmed his consent to the agreement. No order was made in relation to ACC Bank. The Judge welcomed the settlement, and the matter was adjourned for six months to allow for the implementation of the settlement. During the hearing, Ms Flannery detailed her financial difficulties in 1996, while Mr Kavanagh maintained he had assisted her during that period.
In a High Court case, retired horse trainer Shelia Flannery alleges that in August 1996 she transferred a plot of land in Dunboyne, Co. Meath to businessman Sean Kavanagh for safekeeping, with the understanding that he would hold it in trust for her benefit. Flannery claims Kavanagh subsequently registered the property in his own name, breaching his duty and interfering with her property rights. She seeks a declaration that the transfer is null and void, that Kavanagh holds the site in trust for her, and orders for him to divest any beneficial interest. Kavanagh denies being a partner, stating the land was transferred in lieu of payments for services and expenses he incurred on Flannery's behalf. He asserts the value of the land did not cover what he was owed, and that Flannery never agreed to transfer the property to him. The case is before Mr Justice Michael White.
US Judge John McCarthy III, a municipal judge in New Jersey and former chairman of Limerick FC, is suing the Football Association of Ireland (FAI) and several individuals, including CEO John Delaney, for alleged breach of contract and punitive damages. He claims to have lost approximately €280,000 on his investment in Limerick Thirty Seven FC Ltd. The defendants deny the claims. In a hearing before Mr Justice Michael White, the FAI applied for an order requiring McCarthy to provide €87,000 in security for costs, arguing the action is without merit and that enforcing a costs judgment in the US would be difficult. McCarthy's counsel opposed the motion, stating he lacks liquid assets due to the investment loss and that the requirement would deny him access to the courts. He offered to place a Dublin property, owned by a US company in which he holds an 88% stake, into his own name as security. The judge reserved his decision on the security for costs application. Separately, the court dismissed McCarthy's proceedings against Limerick District Council, agreeing with the council's lawyers that the claim displayed no cause of action.
Kenneth Brunell, 27, of Palmerstown, and Barry McArdle, 27, of Drimnagh, were arrested in Ireland on extradition warrants issued in 2011 for the murder of Keith Ennis, 29, whose dismembered body was found in an Amsterdam canal in 2009. Brunell had been granted bail in October 2011 but failed to appear at a High Court hearing on 8 November 2012, leading to a bench warrant and his arrest ten days later. He was readmitted to bail on 7 May 2014 after a High Court judge considered his claims of fear and the length of time he would remain in custody before his case was heard. The judge set a €3,000 surety and a €100 personal bond, with conditions that he reside at a specified address, sign daily at a Garda Station, keep the peace and be of good behaviour. The case remains pending in the Supreme Court.
In a High Court dispute, former presidential candidate Sean Gallagher seeks a declaration that RTE's 2011 Frontline debate was unfairly edited to damage his electoral prospects and that the broadcast was neither objective nor impartial. He also seeks damages for alleged breach of statutory duty, negligence, misfeasance, and exemplary damages for comments by Pat Kenny. RTE denies the claims, arguing Gallagher's election prospects were harmed by his own actions, including arranging a meeting with a former Taoiseach for €5,000 and collecting a cheque. Gallagher's lawyers argue that RTE should provide documents from the debate and the period up to the internal review published in November 2012, including Twitter material, RTE protocols, and notes on audience selection. RTE contends it will only disclose materials generated on the debate day or the following week, claiming a broader request is unfair and costly.
The High Court has adjourned proceedings in a dispute between the Irish Fire and Emergency Service Association (IFESA) and Dublin City Council (DCC) over alleged unsafe breathing equipment. IFESA, representing 300 of the city's 800 firefighters, initiated High Court action in January following equipment failures during a blaze in Dolphin's Barn. The association sought injunctions to restrain the use of Scott ACSfx breathing apparatus until independently tested and deemed safe, and to order DCC to withdraw current stock. DCC rejects claims that the equipment is defective, noting it is used internationally, including by the New York City Fire Department. During the hearing before Mr Justice Paul Gilligan, counsel for IFESA stated that matters had moved significantly since January. An expert report by the Dublin Fire Brigade recommended enhanced procedures to test, monitor, and review the equipment, along with improved training and communication. Counsel indicated these steps were taken by DCC as a result of the High Court action. Consequently, IFESA decided not to pursue its application for interlocutory injunctions. DCC did not oppose the adjournment. Mr Justice Gilligan agreed to adjourn the matter to a date in late May for mention only, allowing the parties to work out a timetable for the exchange of legal documents before a trial date can be fixed. The case has been adjourned on several occasions since permission was granted in January for IFESA and three members to serve short notice of injunction proceedings.
A credit manager at Rabobank Ireland, Colin Browne, secured a High Court injunction that stops the bank from dismissing him. Browne had been on sick leave since January, medically certified as unfit to work because of stress. He claimed he could not attend internal disciplinary hearings due to his illness, and he had supplied sick certificates to the bank. A company‑appointed doctor had found him fit for work in January, but Browne argued that a second opinion was needed because of conflicting medical evidence. The bank's doctor had not reviewed him after his single visit. Mr Justice Paul Gilligan granted the injunction on an ex‑parte basis, preventing termination. Browne's solicitor, Patricia Dillon SC, argued that the dismissal was unfair and breached his rights, noting that Browne had not been paid and that the bank had not responded to his requests. The case was set for a return hearing on Thursday.
The High Court has ruled that the criminal offence of 'offending modesty' under Section 18 of the Criminal Law (Amendment) Act 1935 is unconstitutional. Mr Justice Gerard Hogan declared the provision 'hopelessly vague' and inconsistent with Articles 15 and 40 of the Constitution, effectively striking it down. This decision impacts two applicants, Kevin McInerney and Brendan Curtis, who challenged the State and the DPP. Mr Curtis, of Martry, Kells, Co Meath, was awaiting trial for allegedly exposing himself at Camden Place, Dublin, in May. Mr McInerney, of Rathfarnham, Dublin 16, was convicted by the District Court in 2013 for allegedly masturbating in his car at Rathfarnham Shopping Centre in 2011 and sentenced to three months imprisonment. His appeal was adjourned by the Circuit Court pending the outcome of this High Court action. The judge agreed with the applicants that the offence lacked clear standards and invited arbitrary application. While the ruling invalidates the current statute, the judge noted that the Oireachtas may still legislate new offences addressing such conduct, provided they meet constitutional requirements for legal certainty.
A landowner from Manorcunningham in County Donegal has agreed to allow the ESB and Eirgrid access to his property to carry out essential upgrade work on the electricity network. Patrick Gallagher had initially obstructed the companies' efforts to upgrade a 110-kilowatt power line affecting supply across Donegal. The High Court heard that over 200 other property owners had consented to the works without objection. Mr Gallagher, representing himself, had disputed compensation entitlements relating to previous work conducted on his land during the 1990s and alleged prior damage caused by the ESB. Following negotiations before Mr Justice Paul Gilligan, the parties agreed to submit outstanding compensation matters to independent arbitration. Mr Gallagher gave an undertaking not to interfere with the work, and the case was adjourned to June.
A law firm, McMahon, O'Brien, Tynan Solicitors, has filed a High Court action to stop a development company, Greenband Investments, from finalising a settlement with the Irish Coursing Club (ICC) until the firm receives payment for its legal fees. Greenband, which had won a High Court case against the ICC for €640,000 in damages over a failed sale of a laneway, is now in receivership under NAMA. The ICC and the receivers have agreed to a settlement that would give Greenband a right of way over the laneway and pay €275,000 toward the ICC's legal costs, but the solicitors claim they are receiving nothing. The firm seeks a declaration under Section 3 of the Legal Practitioners Act that it is entitled to a charge over the land, an injunction preventing any settlement that does not cover its costs, and an order that the parties pay its legal fees.
A wanted human trafficker, Mihai Stancu (46), has been released by the High Court following his conviction by Romanian authorities while absent, which affected the warrant for his extradition. The surrender of Stancu, who resides at Summerhill, Dublin 1, has been sought by Romanian authorities since last year. A European Arrest Warrant was issued for his surrender for prosecution on the alleged offences of constituting an organised crime, human trafficking, and the illegal deprivation of liberty. Counsel for the Minister for Justice, Elva Duffy BL, informed the court that Stancu was accused of being involved in the trafficking of a person for the purposes of prostitution. She stated that it had been confirmed that Stancu was convicted in Romania of the offences contained in the prosecution warrant, and his proposed surrender was now a 'sentencing matter'. The court noted that the state had a difficulty with the warrant as it was currently formed and could no longer stand over detaining him. Mr Justice Patrick McCarthy stated that 'he should not be before the court at all on this warrant' which could no longer be relied upon. The question arose as to whether he should remain in custody. Stancu was remanded in custody in March of this year after gardaí objected to granting him bail on grounds that he posed a flight risk. The judge remanded Stancu on a bail bond of €100 and ordered that he sign on at Store Street garda station on Friday. Stancu has multiple previous convictions in Romania. He is due before the court again next Tuesday, April 8 2014, while lawyers for the state seek clarification from Romanian authorities on his proposed surrender.
The Garda Representative Association (GRA), representing 11,500 rank‑and‑file Gardaí, has filed a High Court challenge against Minister Brendan Howlin over the 2014 Public Service Management (Sick Leave) Regulations. The new regulations, aimed at saving public service sick leave costs, were enacted on 6 March and are to take effect on 1 April. The GRA argues the Minister introduced them without proper consultation, rendering them irrational and incomprehensible. They seek an order quashing the Minister's decision and declarations that the enactment exceeded his powers and breached fair procedures and legitimate expectations. Mr Justice Michael Peart granted permission to proceed ex‑parte and set a return date for June, allowing the GRA to apply for an injunction to halt the regulations pending the case. The GRA's counsel highlighted that negotiations on sick leave had been ongoing and that the Minister's decision was a "bolt from the blue.".
Private Christopher Maher, a soldier from County Tipperary stationed in Kilkenny, has filed a High Court challenge to stop his discharge from the Permanent Defence Forces after a compulsory random drug test in March 2013 returned a positive result for cocaine. Maher denies ever taking the drug, claiming he was at a party the night before the test and that he may have been exposed to cocaine smoke accidentally. The urine sample showed 150 ng/ml of benzoylecgonine, the cut‑off for a positive test under Defence Forces regulations. In May, his commanding officer recommended discharge, citing voluntary consumption. An appeal in November found Maher had not produced evidence to support his claim of passive exposure, and the officer determined he failed to consider a medical report that questioned the testing process and suggested possible over‑reporting of drug levels.
In a High Court hearing, a married Irish couple, including the children's biological aunt, argued that the Adoption Authority of Ireland had wrongly refused to recognise an overseas adoption of a boy and a girl. The couple claimed the Authority's decision that the children were ineligible under the 2010 Adoption Act was flawed, citing factual errors in the Authority's letter, such as incorrect marital status and country of origin, and alleged that irrelevant factors were considered. They also argued the Authority failed to provide adequate reasons and applied policy too rigidly. The couple seeks orders to quash the Authority's decisions, declare no lawful impediment to adoption, and assert that the decision breached constitutional rights and the European Convention of Human Rights. Permission to proceed was granted ex parte by Mr Justice Michael Peart, with a return date set for early June.
In a High Court ruling, Eric Eoin Marques, referred to by the FBI as the 'largest facilitator of child porn in the world,' has been granted legal aid to fight his extradition to the United States. The court determined that any funds Marques may possess are likely to be proceeds of crime. Marques, who is alleged to be the owner and administrator of an anonymous hosting site known as Freedom Hosting, faces charges in the U.S. relating to conspiring to distribute and advertise child pornography. The 28-year-old, residing at Mountjoy Square in Dublin, has been in custody since his arrest in August 2022. The charges relate to images on over a hundred anonymous websites, described as extremely violent and depicting the rape and torture of pre-pubescent children. Marques had previously failed to obtain legal aid due to unexplained funds, but the court granted him legal aid, citing the need for justice and the potential for hidden proceeds of crime. The matter was adjourned for further consideration, with the case to be re-listed on April 29. If convicted in the U.S., Marques could face a life sentence, with the four charges potentially resulting in a total of 100 years in prison.
Ben Gilroy, a political activist and founder of Direct Democracy Ireland, appears before the High Court to challenge allegations that he was in contempt of court for interfering with the receivership of a 120‑acre stud farm in Kildare. The receivers, appointed by the Irish Bank Resolution Corporation, claim that Gilroy was a ringleader of protests on 28 and 31 August that forced them off the property. Gilroy, representing himself, denies any role beyond that of an observer, stating he was invited onto the land by Charles Allen of the Rodolphus Allen private trust and that he was not properly served with a notice of contempt. Video evidence presented by the receivers shows Gilroy speaking to a crowd and an audio clip from an internet radio interview in which he claims credit for the protest. Gilroy disputes these claims, arguing the footage shows him merely observing.
Robert Sinnot, a Dublin resident and representative of the Blind Legal Alliance, has brought a High Court challenge against the State regarding the failure to provide visually impaired voters with a mechanism to cast a secret ballot in May's European and Local Elections. The applicant alleges that the State has a legal duty under the Constitution and European Law to ensure secret voting for those with sight difficulties. He claims that in recent elections, he was deprived of this right because he could not read the ballot sheet and had to ask the Presiding Officer to complete his voting paper. Mr. Sinnot argues that the State has failed to implement a system, such as Braille documents or audio recordings, despite such mechanisms existing in other EU member states and being described as not prohibitively expensive. The proceedings are directed against the Minister for the Environment, Community, and Local Government, Ireland, and the Attorney General. The applicant seeks orders compelling the respondents to have a suitable mechanism in place by May 23rd, the date of the elections, as well as declarations that the State has a duty to vindicate his right to vote in secret. Ms Justice Iseult O'Malley granted leave to serve short notice of proceedings on an ex-parte basis. Counsel for the applicant, Patrick Dillon Malone SC, with Michael Lynn, highlighted the urgency of the matter due to the proximity of polling day. The matter is at the hearing or decision stage.
In 2014, Sergeant Denis Palmer settled a High Court challenge against disciplinary sanctions imposed for alleged failures to provide medical treatment to a detainee who later collapsed unconscious after release. The High Court quashed the sanctions, and a Garda Superintendent was appointed to review the GSOC report and decide whether Palmer breached discipline. Palmer, stationed at Pearse Street, claimed he was denied fair procedures, including access to the Ombudsman's report and the opportunity to submit comments. The Superintendent will consider Palmer's submissions before deciding. Palmer was also awarded the costs of his proceedings against the Garda Commissioner. The case involved a man detained at Harcourt Garda Station in September 2009, who became violent after allegedly taking a controlled substance and was found unconscious three hours after release. The GSOC report suggested Palmer may have neglected duty by failing to summon or provide medical assistance and by not recording calls for a doctor. The unnamed man was found guilty.
A High Court judge has raised questions regarding whether alleged unexplained monies belonging to Eric Eoin Marques, referred to by the FBI as 'the largest facilitator of child porn in the world,' are the proceeds of crime. Marques, who is alleged to be the owner and administrator of an anonymous hosting site known as Freedom Hosting, is wanted by US authorities for charges relating to conspiring to distribute and advertise child pornography. The 28-year-old, residing at Mountjoy Square in central Dublin, has been in custody since his arrest in August last year. The charges against Marques relate to images on over a hundred 'anonymous websites' described as extremely violent and depicting the rape and torture of pre-pubescent children. Marques previously failed to obtain legal aid due to an 'unexplained six-figure sum' of money. In the High Court, Mr Justice John Edwards expressed concerns that these monies may be the proceeds of crime and questioned whether they could be used to fund Marques' legal representation. Counsel for Marques, Micheal P O'Higgins SC, stated that the State should conduct its own investigations into the unexplained monies. The case continues tomorrow.
Brian Culbert, a Limerick detective, has filed a High Court action to stop his possible dismissal after admitting he breached Garda rules on handling informants. He claims the internal disciplinary process is procedurally flawed and seeks orders to halt it. Counsel Breffni Gordon BL argued that Culbert, while investigating a serious crime, acted as an informant handler and ignored orders to stop, leading to a charge of breaching Garda Discipline. An internal board recommended dismissal in September 2013, but an appeal board was convened. Culbert's lawyers contend that the appeal board's discussion with the original board violated fair procedure, prompting a letter to the Commissioner. The Commissioner denied any wrongdoing. Mr Justice Michael Peart granted ex‑parte permission, staying the disciplinary process pending the High Court outcome, with a return date set for May.
In March 2014, Judge Brian McGovern ordered the arrest of former Wexford hurler Paul Codd and his appearance before the High Court because he had not complied with bankruptcy undertakings. Codd had previously been jailed briefly in December 2013 for alleged non‑compliance, released after giving a statement of affairs and promising cooperation. He had sworn to cooperate in January 2014 and to return leased machinery, but failed to attend three scheduled meetings with the official assignee, Chris Lehane, and cancelled them via late‑night emails. Lehane claimed Codd was in contempt of court and sought a Section 23 order for arrest. Codd had also failed to return €500,000 of farm machinery leased by Deutsche Leasing Ireland. The case stems from a 2011 judgment of €530,326 that Codd could not satisfy, leading to his 2013 bankruptcy declaration and an estimated total debt of €4.9 million.
A man accused of sexually abusing three children in the 1960s and 1970s has filed a High Court action seeking to prohibit a retrial. He faces more than 40 counts of sexual abuse of three siblings in County Wexford between 1966 and 1979. The defendant denies all charges. In November, a Wexford Circuit Court jury failed to reach a verdict on 46 charges after a two‑week trial, leading to an order for a retrial. In the current proceedings, the defendant requests the High Court to issue several orders, including one that would prevent the retrial from proceeding. He argues that a retrial would risk denying him a fair trial, citing the long passage of time since the alleged incidents. Counsel John Peart SC said allowing the retrial would breach the defendant's rights. Mr Justice Michael Peart granted leave to bring the challenge ex‑parte and placed a stay on the prosecution pending the High Court's decision.
In a High Court action, receiver Mr Aiden Murphy, appointed by the Irish Banking Resolution Corporation in 2012, seeks injunctions to secure possession of two properties on South Circular Road, Kilmainham, used as emergency accommodation for Dublin's homeless. Murphy requests orders compelling Mrs Hillary Hooton to deliver vacant possession, prevent trespassing, and hand over keys or alarm codes. Mrs Hooton opposes, arguing the bank lacks entitlement and that she holds a valid tenancy agreement with her husband. The bank, represented by Mr John McCarroll SC, disputes the tenancy's validity, citing a €2 million mortgage owed on 2001 mortgages by Mrs Hooton's husband William and son Derek, later acquired by the bank. Counsel for Mrs Hooton, Ruth Cannon Bl, maintains the properties should remain in her possession until the court resolves the matter. The judge, Mr Justice Michael Peart, has reserved his decision, to be delivered later.
A truck driver, Gavin John Maloney, 34, was extradited by the Irish High Court to the UK to face questioning over alleged unpaid VAT on cigarettes worth about £1.06 million that were seized from his truck. Maloney, who lives in Creewood, Slane, was detained by UK police, released on bail, and then absconded. His lawyers argued for bail during transfer, citing delays in executing the arrest warrant and his family responsibilities. The court noted the seriousness of the alleged offence and that Maloney was aware of his legal obligation to return. Maloney stated he intended to contest the charges and that he could not afford to travel to London for questioning. The judge acknowledged the personal hardship the extradition would cause but upheld the extradition order. The seizure involved 32 pallets of 6.4 million cigarettes.
In a High Court hearing on 19 March 2014, the Irish Bank Resolution Corporation (IBRC) argued that the taxpayer should not be required to pay the legal costs of Paddy McKillen's action to stop the sale of his loans to the Barclay brothers. McKillen, a property investor, had initiated proceedings against the IBRC special liquidators and the Barclay brothers over control of the Claridge's, Connaught and Berkeley hotels. The case was rendered moot after McKillen secured the loans, worth hundreds of millions of euros, with Colony Capital. Michael Cush SC represented McKillen, asserting that the court should not order costs against the IBRC, as no wrongdoing had been alleged. The IBRC's counsel contended that its costs should be borne by McKillen. The matter was scheduled for a decision on Thursday by Mr Justice Paul Gilligan.
Prisoner Noel Reddington has launched a High Court action against the Prison Authorities, the Governor of Mountjoy Prison, the Irish Prison Service, and the State, alleging he has been denied urgent medical treatment for a painful facial growth. Reddington claims that since his transfer from Cloverhill to Mountjoy Prison last November, his requests for care have gone unanswered, despite previously being advised at a Dublin hospital that he required a CAT scan and potential removal of metal plates from his head. His counsel, Keith Spencer Bl, stated that the alleged failure to provide treatment amounts to degrading treatment and breaches Constitutional and European Convention on Human Rights. Counsel further alleged that Reddington's pain became so severe that he attempted to cut the growth off his face with a blade. The applicant is not seeking to bypass hospital waiting lists but is seeking the same access to health services as any public patient. The High Court has directed that Reddington's application for permission to bring proceedings be brought on notice to the respondents. The matter was briefly mentioned before Mr Justice Michael Peart, who adjourned the case to a date later this month.
In March 2014 the High Court ordered the extradition of Edward Gerard Connors, a 20‑year‑old convicted rapist from Northern Ireland, to the United Kingdom. Connors had twice raped a 29‑year‑old American tourist in Colin Glen forest, west Belfast, in 2008. After the offences he fled to Dublin but later surrendered and received an eight‑year sentence with two years probation. He was released in 2012 after serving four years, but a Northern Ireland court issued a warrant for breach of probation terms. Connors was arrested in July 2012 at Labre Park, Dublin, and charged under the Sex Offenders Act 2001 for failing to notify authorities of his personal details. He was granted bail, missed a court hearing in August 2012, was re‑arrested in November 2013, and sentenced to four months at Cloverhill District Court.