Court archive

High Court

2024-07-15 · Dublin

Teen murder accused challenges mandatory life imprisonment law

A 19-year-old, John Mulrooney Sugrue of Manorfield Green, Clonee Dublin, has initiated a High Court challenge against the mandatory life sentence law, which would prevent a judge from imposing any sentence other than life in prison if he is found guilty of the murder of Aaron Keating on Main Street, Ongar, Dublin 15 on June 13, 2023. Represented by Seamus Clarke SC, Sugrue argues that the law prevents the sentencing judge from considering that the alleged offence occurred when he was a minor. He claims this breaches his constitutional rights and rights under the European Convention of Human Rights. Sugrue seeks various orders, including an order to prevent further prosecution until sentencing provisions account for his age at the time of the alleged offence, and a declaration that the State has breached his rights by failing to have a sentencing regime that allows for such considerations. The matter was heard by Ms Justice Niamh Hyland, who granted permission for the challenge. The case, along with related matters, will be mentioned before the court later this month. Two other similar challenges have been brought by Noah Musueni and David Amah, who are also charged with murder and are awaiting trial in the Special Criminal Court.

2024-07-12 · Dublin

Fund claims security staff removed from repossessed beach-side property

A financial fund, Everyday Finance DAC, has applied to the High Court to restrain Mr Joseph Kennedy and others from occupying a beach‑side property at Brackendown, Portrane, Co. Dublin, which the fund repossessed last month following court orders. The fund claims that Kennedy, who had previously lived there, unlawfully re‑occupied the two‑bedroom gated house with the help of unknown individuals. On Thursday evening, Kennedy allegedly asked a lone security operative for a guitar; when the operative returned the instrument, four men seized him and forced him out. The operative was then followed by a UK‑registered Nissan SUV that shoved into his car and pursued him to Malahide Garda Station, where the Gardaí reportedly did not register a complaint or remove the trespassers. Kennedy has since initiated proceedings against Everyday, which the fund says amount to a collateral attack on the possession orders.

2024-07-12 · Ireland

Woman sues solicitor over alleged refusal to return deeds to €1.5m family home

In a High Court case, a woman who was assaulted and threatened by her former husband claims she cannot sell her €1.5 million family home because a solicitor's firm that previously represented the couple refuses to return the property deeds. She alleges the firm has no right to retain the documents and has been denied them for over a year, despite her repeated requests. The firm, which had also represented her husband during their divorce, claims it is owed €10,000 for a failed property sale and has asked for €1,500 from her. The woman, represented by Gabriel Gavigan SC and David Geoghegan BL, seeks an order directing the firm to provide the original title deeds and the retainer file. The matter was scheduled for a hearing in July after Mr Justice Mark Sanfey granted the application on an ex‑parte basis.

2024-07-09 · Ireland

Live stream app Vinivia claims it is target of 'malicious smear campaign' on X

Switzerland-based Vinivia AG, CEO Steffan Graff, and CFO Marcello Genovese appeared before the High Court to seek a Norwich Pharmacal Order against Twitter International. The applicants alleged that four X accounts were targeting them with a malicious smear campaign, posting statements they claimed were defamatory, false, and in breach of GDPR rights. Counsel stated the posts accused the plaintiffs of fraud, money laundering, and other misconduct, causing significant reputational damage and an estimated €4m loss in investment. The court heard that American influencer Charli D'Amelio had cancelled her Live Streams on the app due to the negative posts. Mr Justice Oisin Quinn heard the application on an ex-parte basis. He granted the plaintiffs permission to serve notice of their application on Twitter International, directing the company to provide details identifying the holders of the four accounts. The judge described the allegations against the plaintiffs as serious and made the matter returnable to a date later this month. The applicants also sought orders for the removal of the posts and suspension of the accounts.

2024-07-08 · Galway

State fails in preliminary action over State's alleged secret deal with British military

The State has failed in a preliminary application to have a judge rule on the justiciability of Senator Gerard Craughwell's constitutional challenge regarding an alleged secret arrangement with the UK. In a hearing before Mr Justice Brian Cregan, the judge refused the defendants' motion to determine the issue of law in advance of the full hearing. The State and the Government, represented as defendants, argued that the senator's claims were not justiciable and that reviewing matters of external security would endanger State security. However, the judge noted that the defendants had not accepted the facts as pleaded by the senator, specifically the existence of an alleged international agreement allowing the RAF to intercept aircraft in Irish airspace. Citing case law, the judge stated that acceptance of the plaintiff's case as pleaded is a precondition for a preliminary trial. He further observed that the senator's case was clearly stateable and not bound to fail, and that evidence was required before the court could reach a conclusion. The judge ruled that the application for the trial of the preliminary issue must be refused. The matter was adjourned for a week to allow the parties to consider the decision. Senator Craughwell, who claims the alleged agreement is unconstitutional and was never put before the Dáil, seeks declarations that the arrangement breaches the Irish Constitution and an order restraining the government from legislating on the matter without a referendum.

2024-07-08 · Ireland

Principal launches bid to overturn finding of poor professional performance

A school principal has filed a High Court judicial review to overturn a finding of poor professional performance issued by the Teacher's Council. The Council's finding stemmed from a 2019 incident in which a non‑verbal autistic pupil was allegedly shouted at and roughly handled by a teacher. The principal was accused of failing to inform the child's parents until June 2019, despite becoming aware of the matter in February. The Council's investigation concluded that the teacher was cleared, but the principal was found to have engaged in poor professional performance and was formally admonished. The principal argues the Council breached fair procedures, imposed an unjust sanction, and delayed the complaint by five years, causing prejudice and affecting his health. He seeks to quash the findings, declare the delay a rights breach, and prevent reinvestigation. The case is set to return to the High Court later this month.

2024-07-08 · Ireland

Garda Commissioner has not contested station bail policy cases, High Court hears

In a High Court hearing on 8 July 2024, the Garda Commissioner was not challenged in two separate judicial review cases concerning the alleged unlawful policy of refusing station bail to men accused of breaching domestic violence orders. The first case involved a man in family‑law proceedings who was detained after a former partner alleged he had breached a Protection Order by shouting at her. He was denied station bail, held overnight, and granted bail the next day by a District Court judge. The second case concerned a man arrested for breaching a barring order that prohibited him from entering his residence; he too was denied station bail, held overnight, and released the following day. Both men, represented by Stephen Faulkner, argue that the Commissioner's 2017 Domestic Abuse Policy, which bars station bail for such offences, lacks legal basis, is unlawful and unreasonable.

2024-07-05 · Ireland

High Court told school placement for autistic child not suitable for his needs

A High Court action was brought on behalf of a primary‑school‑aged boy with autism and a moderate intellectual disability, whose current school placement is deemed unsuitable. The boy has speech and language delay and requires significant adult assistance. A psychologist from the National Educational Psychological Service assessed him and recommended an Autism Spectrum Disorder‑specific school placement. The family has applied to twelve schools, all of which are full, and has sought help from the Department of Education. They claim this lack of access breaches the boy's rights to an adequate education under the Constitution, the 1998 Education Act and the 2004 Special Education Needs Act. The case, represented by Derek Shortall SC and Paul Gunning BL, seeks an order compelling the Minister for Education, the National Council for Special Education and the Attorney General to provide an appropriate placement within a court‑directed period, and a declaration that the respondents have failed in their duty.

2024-07-04 · Laois

Forest fest back on terra firma after injunction application resolved

In a High Court case, the Irish Music Rights Organisation Company Ltd (IMRO) had sought an injunction against Philip Meagher and Forestfest Limited, organisers of the Forest Fest music and arts festival in Co Laois, claiming that the organisers had failed to obtain a licence for certain musical works that IMRO said it owned the copyright to. IMRO alleged that several dozen of its members' works would be performed at the three‑day event from 19 to 21 July at Emo, Co Laois, and that without a licence the plaintiffs' rights would be breached. The injunction, which was expected to be opposed, was due to be heard next week, but on Thursday Mr Justice Mark Sanfey was told that the case had settled and could be struck out. The dispute was resolved before the hearing, and no injunction was granted.

2024-07-03 · Limerick

Row over ownership of €1m in Limerick farmlands comes before High Court

In a High Court case in Limerick, Westglade Unlimited Company and Timothy Carroll, who bought farmland at Ballycullane, Kilmallock, for €1m from a receiver appointed by Everyday Finance DAC, claim that former owners William and Anna Kennedy still occupy the land and keep horses there. The plaintiffs say the Kennedys refuse to give up vacant possession and have threatened them, saying the next person to unlock the gate will be shot. They also allege that the Kennedys blocked access with vehicles and posted a "No unauthorised person allowed" sign. The plaintiffs had previously offered a goodwill payment of about €275,000, but the Kennedys' actions have prevented any settlement. They seek injunctions to stop the Kennedys from occupying the land and to remove a lis pendens registered over the property. The case was heard by Mr Justice Mark Sanfey, who granted the plaintiffs permission to serve short notice of the proceedings and will hear the matter again next week.

2024-07-01 · Tipperary

Kerry GAA claims Minister's refusal over investment scheme jeopardises €38m in donations

Kerry GAA has filed a High Court challenge against the Minister for Justice's refusal to include the sports body in the now-defunct Immigrant Investor Programme, arguing that the decision endangers more than €38 million in donations. The Gaelic games organisation contends that the refusal will jeopardise at least €27 million already committed to redeveloping FitzGerald Stadium in Killarney and an additional €11.6 million in new donations it has identified. Kerry GAA says it had submitted two parts of its development proposals—one for a Centre of Excellence and another for the stadium—before the scheme was scrapped in February 2023. The Minister's decision, made on 24 January, rejected the stadium application on the grounds that "no valid investor application was submitted" and that the investor must be new, not one already linked to another project.

2024-07-01 · Galway

Rugby player who left woman with extensive injuries after rape with bottle gets eight years

Jonathan (aka Johnny) Moran, 26, was sentenced to eight years in prison after a Central Criminal Court jury convicted him of rape and aggravated sexual assault. The offences occurred in a garden shed in Galway on July 21, 2019, where Moran allegedly used a bottle to penetrate the victim, Bláthnaid Raleigh, causing extensive physical injuries. Although the validated procedural stage is listed as an appeal, the report details the sentencing hearing where Mr Justice Tony Hunt imposed the custodial term. The judge set a headline sentence of 10 years, reduced to nine years due to Moran's lack of previous convictions and late acceptance of the verdict. The final year was suspended on strict conditions, including indefinite no-contact orders with Ms Raleigh, 18 months of Probation Service engagement, and a three-year period of good behaviour. Ms Raleigh, who waived her anonymity, read a victim impact statement describing the long-term physical and psychological trauma she suffered. She noted that her brothers left their local rugby club, where Moran also played, following the incident. The judge emphasized the critical importance of consent, warning that failure to ensure it results in serious sexual offences and significant immediate custodial sentences.

2024-06-28 · Offaly

Family disrupted after members continue to support man who abused niece as a teenager

A High Court judge sentenced Ronan O'Grady, 33, to two years' imprisonment for eight counts of sexual assault against his niece, Keely O'Grady, aged six to nine between 2004 and 2008. O'Grady, who was 13 to 17 at the time, pleaded guilty in the Central Criminal Court. The judge noted the defendant's lack of remorse, his "talented" and "well‑educated" background, and the continued support he received from his family, which the court said had disrupted the victim's family relationships. Keely, now 26, gave a victim impact statement describing long‑term trauma, depression, anxiety and self‑harm, and criticised her grandparents for protecting him. The judge reduced the headline sentence from an initial eight years to two years, citing O'Grady's youth, lack of prior convictions, guilty pleas and low re‑offending risk, and did not suspend any part of the sentence. The sentence was back‑dated to the day he entered custody.

2024-06-26 · Dublin

Eddie Rockets gets temporary injunction over transfer of two franchises

Eddie Rockets (Ireland) Limited and Rockets Franchising DAC have secured a temporary injunction from the High Court restraining the alleged unauthorised transfer of two restaurant franchises. The proceedings concern franchises at Charlestown Shopping Centre in Finglas and at Clarehall in North Dublin, which the plaintiffs claim were transferred in breach of sale and franchise agreements. The defendants include Ziggy Investments Limited, which held the franchises since 2020, shareholders Lisa Marie Deegan and Jacinta Deegan, and businessman Brian Dunne, a former Eddie Rockets franchise holder alleged to have acquired Ziggy Investments. The court heard that Eddie Rockets had agreements in place to purchase the franchises, but learned this month that Ziggy Investments had been sold. Mr Justice David Nolan granted the temporary injunction on an ex-parte basis, restraining the defendants from breaching the franchise agreements and preventing Mr Dunne from interfering with the plaintiff's intellectual property. The matter returns to court later in the week.

2024-06-26 · Laois

Businessman found in contempt of court over 'flagrant breach' of orders

In a High Court contempt case, Mr Noel Martin Senior was found to have deliberately and flagrantly breached a court order that barred him from contacting Alan O'Neill and June Finnegan over a disputed garage. The judge, Mr Justice David Nolan, noted that Martin had sent threatening WhatsApp messages after the injunction, accusing the couple of keeping dangerous animals and threatening to report them to authorities. Martin apologized, claimed a mistake, and agreed not to contact the plaintiffs again. The judge warned that any further intimidation could lead to imprisonment and ordered Martin to pay the plaintiffs' legal costs. The case, which also involves a claim for damages over the garage's ownership, remains pending, with the judge adjourned the matter to October to monitor Martin's conduct. The judge emphasised that Martin's behaviour was personal, vindictive and designed to cause maximum pain to the plaintiffs.

2024-06-26 · Dublin

On-the-run police killer faces 'draconian' sentencing regime if sent back to NI, court told

The High Court in Dublin has adjourned the case of Christopher Shane Frane, who faces an extradition request from Northern Ireland. Frane, 36, pleaded guilty to the manslaughter of Constable Philippa Reynolds in 2013. He was sentenced to a minimum of six years and an Indefinite Custodial Sentence, requiring him to remain in prison until he proves he is no longer a danger to the public. Frane absconded from Northern Ireland in January and was arrested in the Republic in February. His counsel, Karen Quinlivan KC, argued before Mr Justice Patrick McGrath that surrendering Frane would breach his constitutional rights and Article 5 of the European Convention on Human Rights. She contended that the Indefinite Custodial Sentence imposes an "extreme and draconian" regime, describing the parole board's requirement to prove he poses no risk as an "almost impossible standard." Conversely, John Fitzgerald SC, representing the Minister for Justice, stated that the High Court is not an appeal court for the Northern Ireland parole commission and cannot review its decisions. He argued that the Northern Irish authorities are presumed to comply with legal requirements. Mr Justice McGrath reserved his judgment, meaning the matter was adjourned and not concluded.

2024-06-25 · Kerry

Bid to prevent Dail vote on EU migration pact would breach separation of powers, judge finds

The High Court has dismissed an application by Michelle Keane seeking an injunction to prevent the Dáil from voting on the implementation of the EU Migration and Asylum Pact. Mr Justice David Nolan found the bid was bound to fail as granting such an order would breach the separation of powers between the courts, the Oireachtas, and the government. The judge noted that Keane, who represented herself, alleged the pact was unconstitutional and would override Irish sovereignty, claiming it would force Ireland to accept 30,000 asylum seekers. He described her concerns regarding crime and safety as offensive and unsupported by evidence, noting her submissions were based on hearsay. The court also heard that a similar action by barrister Una McGurk had been deemed not properly issued and could not be dealt with. The judge held that the adoption of the pact was permitted under Article 28.4.7 of the Constitution, which was approved in the 2009 Lisbon Treaty vote. Consequently, the application was dismissed, and costs were awarded to the defendants, the Irish Government and Attorney General Rossa Fanning SC. Keane stated she intends to appeal the decision. The Dáil vote on the pact was scheduled for Tuesday evening, following the Seanad's prior approval.

2024-06-24 · Ireland

Former Sinn Fein councillor challenges salary credits refusal

Former Sinn Fein County Councillor Toiréasa Ni Fhearaiosa has brought a High Court challenge against the Minister for Education and an appeal committee regarding the refusal of incremental salary credits. Dr Ni Fhearaiosa, a full-time law teacher at Kerry Education and Training Board, applied under a scheme recognizing past employment for credits related to roles including an accounts assistant, a legal intern, a Sinn Fein advice clinic manager, and her tenure as an elected member of Kerry County Council. The initial application was refused on grounds that some roles were unpaid or not under full-time contracts, while no reference was made to her time at a US law firm that no longer exists. An appeal committee upheld the refusal in March 2024, deeming its decision final. Dr Ni Fhearaiosa claims the committee's decision was flawed, irrational, and breached fair procedures, arguing it failed to provide adequate reasons and properly consider her submissions. She further contends the scheme is unlawful for excluding public office periods and employment with deceased or defunct entities. Kerry Education and Training Board is a notice party to the proceedings. Represented by Mark Harty SC and James Kane BL, the applicant seeks orders quashing the decision and declaring parts of the scheme unlawful. The matter came before Ms Justice Niamh Hyland, who granted permission to bring the challenge on an ex-parte basis. The case was adjourned and will return before the court in July.

2024-06-24 · Cork

NI truck driver accused of West Cork drugs conspiracy gets bail on appeal

A 37-year-old truck driver from County Fermanagh has been granted bail on appeal to the High Court following his arrest in a West Cork garda drugs operation. Sean Curran, with an address at Carrickyheenan, Aughnacloy, Enniskillen, was charged with conspiracy to import drugs valued at €13,000 or more under the Criminal Justice Act 2006. He was among ten men arrested in Cork in March 2024 during an investigation into an alleged sophisticated drugs trafficking operation. Mr Justice Karen O'Connor had refused his bail application in April, but Mr Justice Michael MacGrath overturned that decision on appeal today, finding the trial judge ought to have assessed Mr Curran's circumstances separately from his co-accused. Bail was granted subject to conditions including residence at a Monaghan address, daily signing at a local garda station, surrender of travel documents, provision of €15,000 independent surety, and a prohibition on leaving the State.

2024-06-24 · Armagh

'I'm an innocent man': 66-year-old wanted in NI for 1979 murder of UDR member appears before High Court

A 66-year-old man from Arva, County Cavan, appeared before the High Court today following his arrest at Dublin Airport on an extradition warrant issued by Northern Ireland authorities. James Donegan is wanted in connection with the murder of a part-time Ulster Defence Regiment member in County Armagh in June 1979. He faces three charges: murder, unlawful possession of a firearm and ammunition with intent to endanger life, and membership of a proscribed organisation. Upon arrest, Mr Donegan stated he was an innocent man. Mr Justice Patrick McGrath granted bail in the sum of €15,000 with independent surety, imposing conditions including residence at Garvagh, County Cavan, and three weekly sign-ins at Cavan Garda Station. Mr Donegan was remanded on continuing bail until 4 July. The case concerns events alleged to have occurred between 22 and 25 June 1979.

2024-06-21 · Ireland

Bid to delay Dail vote on EU migration pact not properly before court, judge finds

An application by barrister Una McGurk SC to obtain a High Court injunction that would delay any vote in the Dáil or Seanad on measures from the EU migration pact was found not properly issued. Judge David Nolan ruled that the motion was not correctly before the court, so it could not be considered on Friday. The court said the action must be re‑issued in the normal way and will be scheduled for a future hearing, unlikely to be before the court in the short term. The petition sought orders to postpone any vote until a referendum could decide the constitutionality of ceding sovereignty. The defendants – the clerks of the Dáil and Seanad, the Minister for Justice and the Attorney General – argued the action was non‑justiciable and lacked substance, noting that a vote on the measures had already taken place.

2024-06-20 · Derry

Human trafficking conspirator to be extradited to UK after being hit with attempted murder charge

A 44-year-old man from Derry has been ordered surrendered to UK authorities by the High Court in Dublin following an extradition hearing. Stephen Andrew McLaughlin faces extradition for breaching the terms of his release after serving a sentence for human trafficking conspiracy. He was convicted in 2015 of conspiracy to facilitate illegal entry into Britain in a scheme involving Afghan migrants, one of whom died during transport in 2014. UK authorities are also pursuing charges against McLaughlin in Northern Ireland, including attempted murder, making a threat to kill, criminal damage and assault, allegations arising from an incident in September 2022. Mr Justice Patrick McGrath determined that the UK and Northern Irish matters were substantially more serious than domestic charges pending before Buncrana District Court and proceeded with the extradition order. McLaughlin has been remanded in custody pending his surrender within 25 days.

2024-06-19 · Ireland

Judge welcomes return of vulnerable elderly woman to nursing home

A High Court judge welcomed the return of a vulnerable elderly woman to the nursing home from which her son had unlawfully removed her. Mr Justice David Nolan said the son had manipulated his mother for his own satisfaction and failed to comply with a court order obtained by the woman's daughter to return her to the facility. The judge described the son's non‑compliance as contempt of court and warned that, unless he returned his mother to the nursing home staff, he would be jailed for contempt. The son, represented in court, claimed he had attempted to return her over the weekend and that she was vehemently opposed to staying in the facility. The judge accepted that the woman had been returned and was prepared to extend orders restraining the son from removing her or interfering with her care.

2024-06-19 · Ireland

Senior exec brings action over alleged 'sham redundancy'

Tom Clayton, Group Corporate Finance Executive of Novum Overseas Limited, has filed a High Court action alleging that his employer is conducting a "sham redundancy" to remove him from the firm. Clayton, who previously served as CFO of Forfas, began his €135,000‑per‑year role with Novum last year. He claims that weeks ago the company informed him, without explanation, that he was being temporarily laid off for six to eight weeks and instructed him to apply for Job Seekers Allowance. Clayton says the lay‑off has left him without salary, in financial distress, and has damaged his reputation. He also alleges that his role was downgraded after he accepted the position, constituting a fundamental rollback of his employment terms. Clayton seeks orders to end the lay‑off, restore his paid employment, compel the employer to pay all contractual entitlements, and prevent any extension of the lay‑off period.

2024-06-19 · Donegal

UK's extradition request over 1975 murder of RUC officer an 'abuse of process', men to argue

Two men resident in the Republic are contesting extradition proceedings at the High Court in connection with charges arising from the 1975 murder of an RUC constable in County Derry. John Edward McNicholl, aged 72, of Newmills, Letterkenny, and Seamus Christopher O'Kane, aged 73, of Scalestown, County Meath, face allegations relating to the death of Constable Robert John McPherson on 26 July 1975 and the attempted murder of a second officer. McNicholl is charged with murder and attempted murder, while O'Kane faces charges of firearms possession, including a weapon taken during the incident. Legal representatives for both men indicated they will argue the extradition request constitutes an abuse of process. Counsel for McNicholl emphasised that his client has resided in Ireland since 2003, with authorities making no previous surrender attempt until this year. The High Court adjourned proceedings to 10 July to allow time for comprehensive objections to be prepared. Both men remain on bail pending further hearing.

2024-06-18 · Dublin

Family brings High Court action over HAP payments for parking space and service charges

Emmanuel Foley and Jeanette Afi Aboni, applicants residing at Cruise Park, Tyrrelstown Dublin, have brought a High Court action against Dublin City Council (DCC) regarding Housing Assistance Payment (HAP) contributions. The family, who have lived at the property for nearly four years, alleges that DCC reduced its monthly payment to the landlord, Orkstake Limited, from approximately €2,000 to just over €1,640. This reduction was implemented because DCC refused to cover €300 for a car parking space and €85 for service charges, which are included in the lease. The applicants claim DCC acted unlawfully and unreasonably, asserting that the council was aware of the lease terms in 2020 and that the charges are non-severable. Following a notice of termination issued by the landlord in April due to alleged arrears of over €1,300, the family fears homelessness. The applicants seek orders quashing DCC's decision to limit payments and compelling the council to pay the full HAP amount. They also seek declarations that DCC's actions were unlawful and that the family has a legitimate expectation of full payment. The matter was heard on an ex-parte basis by Ms Justice Niamh Hyland, who granted the applicants permission to bring the action. The case is at the pre-trial stage and was adjourned, with the matter set to return before the court next month.

2024-06-17 · Ireland

Couple challenge decision to inform Garda vetting bureau of abuse allegations

A couple who have fostered children have taken the High Court to challenge a notification by the Child and Family Agency (CFA) that they may pose a risk to children and vulnerable persons. After a foster placement ended last year, the CFA informed the couple that it was starting the first stage of its Child Abuse Substantiation Procedure, which involves assessing whether allegations against them have been substantiated. The couple were also told that the CFA had notified the Garda Vetting Bureau of the allegations, including child abuse. The couple deny any wrongdoing and claim they were not given details of the allegations. Their lawyers question the CFA's authority to notify the Vetting Bureau before the first stage of the procedure is complete. The CFA says it acted on bona fide concerns and its legal obligation under national vetting laws, but the couple argue that the notification is unlawful, invalid and outside statutory authority.

2024-06-14 · Ireland

Woman secures order requiring brother to return mother to nursing home

In a High Court hearing on 14 June 2024, Mr Justice Mark Sanfey granted a woman orders to compel her brother to return their elderly mother to the nursing home where she had been resident for several weeks. The woman, who holds formal power of attorney, alleged that her brother had removed the mother from the facility using force, attempted to change the locks on the family home, and made unexplained withdrawals from the mother's bank accounts and used her credit card. She also claimed that the brother was trying to gain access to the mother's finances and home. The judge ordered the brother to return the mother to the nursing home, restrain him from removing her from any facility, and prevent interference with her ongoing care and medical treatment. The orders were granted ex‑parte and remain in force pending further court action. The parties are not identified for legal reasons.

2024-06-14 · Ireland

Enoch Burke asks for 'gravely flawed' order unpinning his incarceration to be set aside

Teacher Enoch Burke, the applicant, appeared before the High Court in an appeal regarding his ongoing incarceration at Mountjoy Prison. Mr. Burke was jailed last September for his deliberate failure to comply with a permanent injunction restraining him from attending Wilson's Hospital School in Co Westmeath. He asked the court to set aside the order, alleging it was flawed and breached his constitutional rights. Mr. Justice Mark Sanfey noted that the normal course for challenging a High Court judgment is an appeal to the Court of Appeal, and he was not prepared to consider the application immediately. The judge adjourned the application to a date in June and established a timetable for the exchange of legal documents. Mr. Burke remains in custody, having indicated he is not prepared to purge his contempt by agreeing to stay away from the school. The school's counsel stated they would not object to his release during the holidays without him purging his contempt, but the judge maintained that court orders must be obeyed. The matter was adjourned, and no final determination was made on the application to set aside the order.

2024-06-12 · Laois

IMRO seeks injunction against Forest Fest over copyright

IMRO, the Irish body that administers performing‑rights copyright, has filed High Court proceedings to obtain an injunction against the organisers of the 'Forest Fest' music and arts festival in County Laois. The organisers, Philip Meagher and Forestfest Limited, are alleged to have failed to secure a licence for a number of musical works that IMRO claims it holds copyright to on behalf of its members. The festival, scheduled for 19‑21 July at Emo, will feature acts such as Ash, The Undertones, The Divine Comedy, EMF, The Cult, The Human League, Something Happens, The Stunning, Stereo MCs, Paul Brady and Tony Hadley. IMRO says that several dozen of its copyrighted works will be performed and that the organisers owe €193,000 in royalties for 2022, 2023 and the pending 2024 events.

2024-06-12 · Donegal

TD offers bail surety for man accused of murdering RUC officer

A 72-year-old man arrested in Letterkenny, Co Donegal, has been granted bail at the High Court following his arrest on a Northern Irish warrant. John Edward McNicholl is alleged to have murdered RUC Constable Robert John McPherson during an ambush in Dungiven, Co Derry, on 26 July 1975. He faces an additional four charges relating to the possession of explosives and firearms at Garvagh, Co Derry, on 16 February 1976. Independent TD Thomas Pringle offered to act as an independent surety for bail. The court heard that consent to bail has been given by the Minister for Justice, subject to conditions including a cash lodgement of €7,000, surrender of travel documents, and weekly sign-ons at Letterkenny Garda Station. Mr Justice Patrick McGrath approved the bail arrangements. The case will return to court on 2 and 3 July.

2024-06-12 · Meath

Pensioner appears before High Court after arrest in connection with 1975 murder of RUC officer

A 73‑year‑old Seamus Christopher O'Kane, originally from Garvagh in County Derry, was arrested in County Meath on a High Court extradition warrant issued by the Garda Extradition Unit. The warrant, endorsed under the Trade and Cooperation Agreement, relates to four offences alleged to have been committed on 16 February 1976 at Brockaghboy, Garvagh. Those offences include possession of explosive substances—two electric detonators and two improvised pressure mat switches—intended to endanger life or property, and possession of firearms and ammunition, including two Walther pistols, a Browning pistol, a 0.22 rifle, a Remington shotgun and 104 rounds of ammunition, also intended to endanger life or property. The warrant states that the items were recovered during a search of a farmhouse where O'Kane and two other men were found hiding. O'Kane was interviewed on 17 February 1976 and allegedly admitted possession of the explosives, firearms and ammunition.

2024-06-12 · Dublin

Bulk of row over development of €35m South Dublin office building to be referred to arbitration

An application will be made to refer the bulk of a dispute between DLR Properties Ltd and the Johnny Ronan group to out‑of‑court arbitration. DLR has sued RGRE Devco 4 Ltd and Ronan Group Real Estate Ltd for breach of a 2019 development agreement over a 1.3‑acre site in Cherrywood, Loughlinstown, where the parties agreed that RGRE 4 would build a €35m office building. DLR seeks declarations that the agreement was validly terminated, damages, and an injunction to remove statements from the Ronan Group website that imply the defendants hold any title or interest in the site. The defendants deny the claims, calling them "completely unnecessary" and "unrealistic." The defamation claim will remain before the High Court, while the majority of the issues will be referred to arbitration, with former Chief Justice Frank Clarke proposed as arbitrator.

2024-06-12 · Dublin

'I will come after your property': worker says ex-Iceland boss personally threatened her with lawsuit on eve of strike

In a Workplace Relations Commission hearing, former Iceland employee Jeanette Joyce alleged that Naeem Maniar, the owner of Iceland's Irish stores, threatened her with a lawsuit targeting her personal property if she and her colleagues went on strike. Joyce said she received late‑night texts accusing her trade union of "playing dirty" and spreading "false news and propaganda." She claimed she was a shop steward for the Independent Workers' Union and that she had been harassed and bullied by Maniar, including being served legal papers for "unlawful industrial action." Joyce also reported wage withholding after the strike, delayed payment of €265.45 net wages, and hostile payroll emails. She filed a grievance for harassment and bullying, but no action was taken before the store entered liquidation. The case is pending adjudication by the WRC.

2024-06-11 · Limerick

Couple avoids jail for contempt after agreeing to leave apartment

In a High Court appeal proceeding, Jordan Mitchell and Dinicka Ryan avoided committal for contempt after agreeing to vacate an apartment in Ballycummin Village, Raheen, Co Limerick. The property owner, Tarbutus Limited, alleged the couple had no right to occupy the premises and were in breach of court orders requiring them to leave. Tarbutus claimed the couple had repeatedly refused to vacate and had wrongfully paid rent to former owner Conor Hogan. Mr Justice Mark Sanfey noted that while he sympathized with the couple and their two young children, court orders must be obeyed. He highlighted that Ms Ryan had previously been given six weeks to leave in March but failed to do so. The judge stated that Mr Hogan was not entitled to deal with the property, despite the couple's payments to him. After submitting a sworn statement opposing committal, both defendants agreed to comply with the orders to vacate the property within four weeks. The judge warned of serious consequences if they failed to comply by the deadline. John Kennedy SC, representing Tarbutus, stated that if the couple vacated within the agreed period, his client would not pursue legal costs. Following the couple's sworn undertakings, the judge adjourned the matter to a date in early July. Tarbutus maintains it is the registered owner, having obtained a High Court order in 2022, upheld by the Court of Appeal, requiring all persons to vacate. Mr Hogan continues to dispute the plaintiff's entitlement, with separate proceedings pending.

2024-06-10 · Ireland

Garda Commissioner's alleged blanket policy on station bail unlawful, High Court challenge argues

In a High Court challenge, an unnamed man argues that the Garda Commissioner's alleged blanket policy of refusing station bail to individuals accused of breaching domestic violence orders is unlawful. He was arrested two years ago for allegedly breaching a protection order against his estranged wife, at a time when their relationship had collapsed. Despite no objection to bail, he was denied station bail and remained in custody until a District Court hearing. He claims the policy, in force since 2017, lacks legal basis, violates his constitutional liberty and European Convention rights, and seeks orders to quash the refusal, the policy's publication, and to remove it from the 2017 "Policy of An Garda Siochana on Domestic Abuse Intervention Revised Edition." The court granted permission ex‑parte, and the case will return later this month.

2024-06-05 · Limerick

Judge orders arrest of couple over failure to vacate Limerick apartment

In an appeal-stage proceeding, Mr Justice Mark Sanfey of the High Court ordered An Garda Síochána to arrest Jordan Mitchell and Danicia Ryan for alleged contempt of court. The couple, residing with two children in a Ballycummin Village apartment, are accused of failing to comply with a 2022 High Court order, upheld by the Court of Appeal, requiring them to vacate the property. Tarbutus Limited, the plaintiff, claims ownership and alleges the couple have refused to leave for several years. The judge noted that while he initially sympathized with the couple's situation, their repeated failure to attend court or comply with orders has exhausted that sympathy. He criticized Conor Hogan, the former owner and subject of separate pending proceedings, for serving a 12-month notice to quit, stating this action does not override the immediate vacate order. The judge described Hogan's contributions as "not helpful" and warned the couple they were doing themselves an "extraordinary disservice" if relying on his advice. After further adjourning the attachment proceedings for health reasons and to provide a final chance to comply, the judge found the couple had again chosen not to attend or vacate. Consequently, he directed the Garda to bring them before the court next week, expressing hope that an agreement could be reached to avoid their committal.

2024-06-05 · Galway

Docs resolve dispute after break up of business partnership

Two West of Ireland doctors, Dr Eva Flynn and Dr Sean Mullin, resolved a High Court dispute after their partnership dissolved. The dispute centred on a temporary order issued in April 2024 that restrained Dr Mullin from preventing Dr Flynn from accessing the Moycullen Health Centre premises and from stopping her from treating patients there. Dr Mullin denied wrongdoing. The case was adjourned to allow out‑of‑court mediation. When the matter returned to the High Court, counsel for Dr Mullin informed the judge that the parties had reached a settlement through mediation. The proceedings were adjourned to October to implement the confidential settlement terms, after which the case could be struck out. No further details of the agreement were disclosed. The judge welcomed the resolution and the parties' decision to settle outside court.

2024-06-04 · Waterford

Broadcaster Paul Byrne resolves action against Virgin Media

Broadcaster Paul Byrne settled his High Court action against Virgin Media Television after mediation. The case, which involved Byrne's claim that Virgin Media's internal disciplinary proceedings were flawed, was struck out by the court. Byrne, who had been suspended following a February 9 report about a boy's death in County Waterford, alleged that the investigation's claim he had verified was false and that the disciplinary process could lead to dismissal for alleged gross misconduct. He denied wrongdoing, said the process was punitive and breached his contractual rights, and sought orders to lift his suspension and prevent replacement. Virgin Media rejected his claims, stating the alleged breach was "serious in nature" and that steps were needed to avoid a repeat. The settlement terms remain confidential. Mr Justice Mark Sanfey welcomed the resolution. Mr Byrne was not present at the hearing.

2024-05-30 · Derry

NI man jailed for human trafficking conspiracy in UK wanted for allegedly trying to murder partner

Stephen Andrew McLaughlin, a 44‑year‑old from Rose Park, Limavady, was sentenced to nine years' imprisonment in 2016 for conspiring to illegally traffic Afghan migrants into the UK. The High Court heard that he supplied a lorry and shipping account for a container that carried 35 Afghan nationals, including a man who died of a heart attack, and that a second container was intercepted in France. McLaughlin denied the conspiracy charge but was convicted by a jury at Basildon Crown Court. In February 2024, a warrant was issued by Southend Magistrates Court for his arrest after he breached the terms of his licence. In January 2024, a warrant was issued by Laganside Magistrates Court in Belfast for seven alleged offences, including attempted murder. The alleged attempted murder occurred on 19 September 2022 at Ness Woods Country Park, Co.

2024-05-30 · Ireland

Conor McGregor succeeds in bid to adjourn woman's damages claim

Conor McGregor has secured a six‑month adjournment of a woman's damages claim for alleged assault that was filed in 2021. The claim, which will be heard by a jury in the High Court, was originally scheduled for late June or early July. McGregor, who denies all wrongdoing, requested the case be postponed to November to avoid conflict with his UFC fight against Michael Chandler on 29 June in Las Vegas. The plaintiff's counsel opposed the adjournment, citing the plaintiff's long wait for a hearing and the media attention the case has attracted. Judge Alexander Owens granted the adjournment to November, noting that the case would likely proceed then and that the hearing would last about two weeks. McGregor's legal team also reached an agreement with the plaintiff regarding pre‑trial discovery matters. The claim is one of two filed against McGregor over alleged 2018 incidents, and all allegations remain denied.

2024-05-17 · Kerry

Businessman charged in connection with largest meth seizure in Irish history to remain in custody

Nathan McDonnell, a 43‑year‑old businessman from Ballyroe, Tralee, was charged with possessing more than €13,000 worth of crystal meth for sale or supply under Section 15A of the Misuse of Drugs Act. The alleged offence took place at Ballyseedy Garden Centre between 27 October 2023 and 12 February 2024. McDonnell was arrested after a joint Gardaí and Revenue operation seized 564 kg of methamphetamine, valued at €32.8 million, from a container at Cork Port on 16 February. The drugs were said to have been imported from Mexico, stored at the garden centre, then transported to Cork for export to Australia. He was denied bail in the High Court in April and appealed to the Court of Appeal, which also refused bail because of the high value of the drugs. McDonnell remains in custody awaiting the serving of a book of evidence. If convicted, he faces a minimum of ten years in prison.

2024-05-16 · Ireland

Conor McGregor accused of playing 'Ducks and Drakes' with High Court

Conor McGregor is accused of attempting to delay a High Court hearing over a 2021 damages claim for alleged assault. The plaintiff, a young woman who knows McGregor, seeks damages and has brought the case in 2021. McGregor, who denies all wrongdoing, has requested that the case, already adjourned, be postponed to November, citing a boxing match in the United States. His lawyer, Remy Farrell SC, seeks pre‑trial discovery of materials, including from An Garda Síochána, and has asked the court to hear these motions on 30 May. The judge, Mr Justice Alexander Owens, has agreed to consider the discovery motions but has not yet ruled on the adjournment request, stating that any such application could be dealt with at the next hearing. The case is scheduled for a jury trial in late June, and McGregor's lawyers have previously secured an adjournment.

2024-05-13 · Ireland

Garda made subject of disciplinary hearing after sex harassment complaint

A female Garda has taken her case to the High Court after she alleged sexual harassment by a male sergeant and claimed she was then victimised by a female superior. She says the sergeant behaved inappropriately at a mortuary, sent her phone a suggestive message, and made sexual comments. She reported this to a female superior, who she says disclosed the complaint to the sergeant. The Garda claims the superior was unhappy with the formal complaint and interfered with the process. The court heard that the sergeant was suspended and the superior stripped of duties. The Garda was later found to have breached Garda discipline for alleged unacceptable conduct with her superior and for posting Garda matters on social media. She appealed unsuccessfully and now seeks to overturn the disciplinary findings, arguing the process was flawed and unfair. The case is set to return to court next month.

2024-05-13 · Wicklow

Disgraced solicitor Lynn brings High court challenge over legal costs refusal

Michael Lynn, a former solicitor now serving a five‑and‑a‑half‑year sentence for €17.9 million fraud, has filed a High Court judicial review against the Department of Justice. The department refused to pay for his lawyers' review of the thousands of pages of documents disclosed during his retrial, arguing that, as a qualified solicitor, Lynn could review the material himself. Lynn's counsel, Mark Lynam SC, argues that the refusal breaches his constitutional right to a fair trial and the European Convention on Human Rights. He seeks an order quashing the refusal, a remittance for fresh consideration, and declarations that the department acted irrationally and in error. The case was granted ex‑parte permission by Justice Niamh Hyland and will return next month. The review involved roughly 150,000 hours of work and included over 9,000 additional pages not seen in the first trial. Michael Lynn was found guilty.

2024-05-10 · Donegal

Liquidator's case against Edenmore Meats over €2.7m debts is resolved

A High Court action brought by the liquidator of Edenmore Meats seeking to hold the company's directors personally liable for approximately €2.7m in debts has been settled. The resolution followed confidential out-of-court discussions and was approved by Mr Justice Oisin Quinn this week after four weeks of hearings that commenced in January. The liquidator had pursued orders against Donal Gallagher, Richard Burke, and Robert Daly, arguing they should be disqualified from directorship for at least five years and made personally liable for company debts, including €1.5m owed to over one hundred farmers and businesses across the north-west. The meat processing facility operated in Lifford, County Donegal, ceased trading in 2016. The directors, represented by Gary McCarthy SC, denied wrongdoing and claimed they acted responsibly and honourably throughout. The terms of settlement remain confidential.

2024-05-10 · Dublin

On-the-run NI manslaughter convict to challenge extradition over 'unlawful' sentencing regime

Christopher Shane Frane, an on‑the‑run convict, will challenge his extradition to Northern Ireland on the basis that he was subjected to an "unlawful" sentencing regime. He was sentenced in 2013 to a minimum of six years for the manslaughter of Constable Philippa Reynolds, a 27‑year‑old police officer killed when a stolen Toyota Landcruiser driven by Frane struck a patrol car in Derry. In addition to the minimum term, he received an indefinite custodial sentence, a Northern Irish equivalent of an "imprisonment for public protection" (IPP) sentence. IPPs were declared unlawful by the European Court of Human Rights in 2012 and abolished in most of the UK, but judges in Northern Ireland can still impose them. Frane has served his six‑year term but remains subject to the indeterminate portion until he can prove he is no longer a danger to the public.

2024-05-08 · Ireland

Families resolve actions over allegations that special needs children physically abused at school

Families of five special‑needs children sued the school board and the Minister for Education after a former staff member alleged that children in the school's autism unit were repeatedly pulled, dragged, and physically abused by a teacher and a Special Needs Assistant. The allegations included shouting, grabbing children by the neck, forcing them into sensory rooms, and using soap on a child's mouth. The families claimed the board failed to investigate and placed the staff on leave. The High Court heard the case before Mr Justice Barry O'Donnell, but the parties reached an out‑of‑court arrangement. The children will be placed in an educational setting without the two staff members pending a Tusla investigation. The court did not order costs, noting the parties had compromised, and awarded a modest cost award to the first applicant. The claims were ultimately denied.

2024-05-07 · Dublin

Persons 'unlawfully occupying' former music shop given till end of month to vacate

Mr Justice Mark Sanfey of the High Court ruled that up to a dozen persons alleged to be unlawfully occupying a four-storey building on James Street, Dublin 8, must vacate the property by May 29. Developer Sumberry Limited, which purchased the former music shop in 2021 for €800,000, brought proceedings against the occupants, claiming they had no valid tenancies or leases and were trespassing. The plaintiff sought injunctions to restrain occupation and prevent access obstruction, citing health and safety concerns. Ms Jem Cleaver, representing herself, disputed some claims regarding the building's condition and service of documents but accepted she had no entitlement to reside there. She requested time to find alternative accommodation due to the housing crisis. The judge granted a stay on the mandatory vacate orders until May 29 to allow residents to make arrangements. Mr Stephen Bedford, a named defendant alleged to have been seen at the property, was not present in court. Ms Cleaver stated Mr Bedford did not reside at the building. The matter was adjourned and will return before the court later this month.

2024-05-07 · Dublin

Teen charged with murder of gunman Tristan Sherry gets bail on appeal

A 17‑year‑old charged with the murder of gunman Tristan Sherry, who shot and killed Jason Hennessy Senior on 24 December 2023, was granted bail after appealing a High Court refusal. The Court of Appeal upheld the refusal of bail for two other men, David Amah (18) and Michael Andrecut (22), who were also charged with Sherry's murder. The teenager's bail is subject to conditions such as staying away from named individuals, observing a curfew from 11 am to 7 pm, surrendering his passport, signing on twice a week and residing at a specified address. Amah and Andrecut remain in custody because the court found their flight risk significant and could not be mitigated by bail conditions. The court noted that the entire incident was captured on CCTV, giving the defendants full knowledge of the case against them.