Bord na Mona Biomass Ltd (BNM) brought a case to the High Court over alleged unlawful peat harvesting by Mr Liam Gorman at Garrymore Bog, Tinnahinch, Co Laois. BNM claims it acquired the bogland from Gorman's family in October 2023 and that Gorman, who has been milling peat on the site for over 30 years, has built a road from his own lands onto the property and removed peat from 390 acres of a 400‑acre site. BNM says it owns 87 of the 94 plots and is concerned that Gorman's commercial activities damage the bog. Gorman denied trespassing and threatened that if BNM cannot prove ownership he would be owed €1 million in silver and gold. The court granted a temporary injunction restraining Gorman from trespassing, working on the land or removing material, and the matter was adjourned to a next‑week hearing.
In a High Court hearing on 3 May 2024, Glen Oglesby claimed he had been living in a caravan on the ESB's Gloucster Place Upper substation site in Dublin 1 and said he had "nowhere else to go." He warned that if forced to leave, he might end up in homeless shelters or turn to drugs. Oglesby said local residents had not objected to his presence and admitted ownership of a Doberman Pinscher on the site. He also stated that the ESB had previously brought proceedings against his brother, Paul Oglesby, who he said was not the person residing there. The ESB's counsel argued that the person on the site was Paul, not Glen, and requested that Glen be added as a defendant. Judge Mark Sanfey agreed to add Glen to the action, adjourned the case to a later date in the month, and urged him to prepare a response.
In a High Court sentencing hearing, 19‑year‑old Joshua Doolan was convicted of aggravated sexual assault after he violently attacked a 43‑year‑old woman on a Dublin suburban street. The judge described the offence as "very disturbing" and noted the victim's testimony that the assault "irreversibly altered the course" of her life. Doolan, who pleaded guilty, was sentenced to seven years' custody with the final 18 months suspended on strict conditions. He was ordered to have no contact with the victim and to be supervised by Probation Services for three years after release. The judge highlighted mitigating factors such as Doolan's age, his diagnosis of Asperger's Syndrome, and his willingness to engage with counselling and probation services. The victim's impact statement detailed the lasting psychological trauma and the profound loss of safety and freedom she experienced following the attack.
The Workplace Relations Commission adjourned a hearing concerning Brendan Ogle's complaint under the Employment Equality Act 1998 against trade union Unite. Ogle alleges he was sidelined in 2022 following his return from cancer treatment, claiming a directive from general secretary Sharon Graham excluded him from a new Ireland strategy. His legal team applied to compel Ms. Graham to attend for questioning, arguing her position that she is not amenable to Irish law is extraordinary given her role and the union's Irish operations. Unite's counsel countered that the tribunal lacks jurisdiction to compel her attendance and that her evidence is unnecessary, citing a previous decision by adjudicator Kevin Baneham which refused to summon witnesses not called by the respondent. Counsel also referenced a comparison involving Tim Cook to illustrate that senior executives need not attend for policy changes. Adjudicator Elizabeth Spelman stated she would issue her decision on the application in writing before the next scheduled date. The matter was adjourned until that decision is communicated, and no final determination was reached at this stage.
In a High Court hearing, Kevin McCarthy and Wealth Options Trustees Ltd claim that a Tallaght pub was "completely stripped bare" of equipment, fixtures and fittings worth €250,000 after the departure of a previous tenant. The plaintiffs allege that MPK Bars Limited and its director Kevin O'Shea, who leased the premises from the former tenant in 2018, removed the items without consent. The pub, located at Tuansgate, Begard Square East, covers 1,450 square metres over two floors and a basement, and holds a seven‑day publican's licence. The removal allegedly occurred in late 2023, after the parties could not agree on a new lease. McCarthy says the loss of the equipment will cost €250,000 to replace and could jeopardise licence renewal in September. He seeks an injunction to restore the property and a return of the licence. The case was adjourned to a later date this month.
A developer, Noel Martin Senior, has apologised in the High Court for breaching an injunction that prohibited him from contacting Alan O'Neill and June Finnegan, who have sued him over ownership of a garage adjacent to their home in Portarlington, Co Laois. The couple, who have kept exotic pets in the garage, secured the injunction last month after alleging that the defendants, including Martin Senior and Drumgoan Developments Limited, threatened and intimidated them. The court heard that Martin Senior had breached the order on two occasions since it was granted, prompting the couple to seek his attachment and possible committal to prison. During the hearing, Mr Justice David Nolan noted that Martin Senior was not in court initially and directed him to attend to answer the breach allegations. When Martin Senior appeared, he apologised, stating that his actions were a 'genuine mistake' and a misunderstanding. He claimed he did not know he was required to attend the Four Courts when the matter was called on. The judge warned Martin Senior that the breach of a court order is a 'very serious matter' and told him, 'You may think you are the Lord God Almighty, but you are not.' Martin Senior's lawyers stated that there had been no repeat of the breach after the second incident and that the parties had been attempting to resolve matters outside of court. Martin Senior denied making complaints to the Irish Society of Prevention of Cruelty to Animals about the plaintiffs and stated that he had driven over two hours to be present in court. The judge accepted Martin Senior's apology but said he would impose a penalty, which could be a fine or a term of imprisonment, due to the breaches of the court order. The judge also said he would consider submissions from both parties' lawyers on the issue when the case returns. The matter was adjourned for two weeks, with the injunction and undertakings granted by the defendant left in place in case of any future breaches.
The Board of Management of Shinrone National School in Co Offaly has initiated High Court proceedings after the National Council for Special Education (NCSE) refused to allocate additional Special Needs Assistants (SNAs). The co‑educational primary school currently employs five mainstream teachers, two Special Education Needs teachers, an autism class teacher and six SNAs. Late last year the school applied for more SNAs to accommodate an expected increase in students requiring support. The NCSE rejected the application, and the board appealed to the NCSE's Independent Appeals Advisory Committee, which has the final decision. The board argues that the appeal has not yet been scheduled for hearing, claiming a breach of fair procedure and urgent need as the current school year ends.
Sumberry Limited, owner of a four‑storey former music shop on James Street, Dublin 8, has filed High Court proceedings alleging that up to 12 people, including Mr Stephen Bedford, are unlawfully trespassing on the property. The company bought the building in 2021 for €800,000 and secured planning permission last year to convert it into 11 apartments. It claims the building, previously boarded up and unoccupied, has been occupied by unknown parties since January. Sumberry says none of the alleged occupants have permission or a lawful reason to be there and that the building lacks suitable residential facilities, including a working fire alarm system. The plaintiff seeks an injunction to restrain the defendants from occupying the property, to prevent them from blocking access, and to order them to vacate. The case will return to the High Court next week.
The ESB has brought High Court proceedings against Paul Oglesby, who it says unlawfully moved his caravan onto ESB property at Gloucester Place Upper in Dublin 1 in late February. The site is part of a Dublin city centre substation that includes a 38 KV and a 10 KV substation. The ESB claims Oglesby has no legal right to be there and has refused to leave despite signs directing him to vacate. In March, Oglesby approached ESB staff, accompanied by Gardaí, with a Doberman Pinscher and insisted he would not leave. The ESB says the area around the substation is unsafe for anyone other than trained staff and contains underground cables. The company seeks injunctions to force Oglesby to vacate, surrender possession, remove belongings, stop damaging the property and cease entering the lands. Mr Justice Mark Sanfey granted the ESB permission to serve short notice of the proceedings, and the case will return to court later this week.
A rural primary school has taken the Department of Education to the High Court to overturn a decision that it must enrol a profoundly disabled child whose family are asylum seekers. The school received an enrolment application last year, which was refused because the child did not meet the school's criteria and the school said it could not meet the child's needs. A three‑person committee set up by the Minister for Education reversed that refusal and directed the school to enrol the child. The school's board argues the committee's decision was flawed, citing the child's complex needs, lack of specialist support, health and safety concerns, and procedural issues such as the absence of a translator. The board seeks an order quashing the committee's decision and a remand to a new appeals committee. The case was adjourned to a hearing next month.
A 24-year-old man from Co Sligo is to be extradited to Scotland following a reassessment of his case by the High Court. The respondent faces charges in Glasgow Sheriff Court relating to an alleged firearms offence and assault that occurred in September 2021. He is accused of threatening another man with a firearm and causing serious injury through stamping, punching, kicking and eye-gouging. In June last year, Mr Justice Paul McDermott refused extradition on humanitarian grounds, citing concerns that Scottish prison conditions and mental health provision would constitute inhuman or degrading treatment. The prison was operating at 132 per cent capacity with inadequate recognition of neuro-developmental disorders. However, following fresh written assurances from Scottish authorities regarding tailored mental healthcare for conditions including ADHD, autism and depression, Ms Justice Melanie Greally today ordered surrender within twenty-five days. She found the new commitments amounted to material change in circumstances. Bail was granted on strict conditions, including daily signing at a Garda station and a €20,000 surety.
David Johnstone, a 40‑year‑old man with Down Syndrome who lives with his family in Cabinteely, has filed a High Court challenge against Dun Laoghaire‑Rathdown Council. He seeks an order forcing the council to carry out a social housing assessment that meets the 2009 Housing Act. Johnstone says he can manage most basic needs but requires full‑time assistance to live safely and independently. He has been seeking assessment for over a decade and claims the council failed to identify suitable support after deeming him eligible in 2012. He argues this delay breaches his rights and the state's obligations. The case was granted permission by Ms Justice Niamh Hyland on an ex‑parte basis and is set to return to court next month. The proceedings involve the Minister for Housing, the Minister for Children, Equality, Disability Integration and Youth, and the Attorney General.
Two men, Ainis Guzauskas and Eric Brils, are set to be tried in criminal court for allegedly flying drones too close to Dublin Airport. They have filed High Court challenges claiming that the 1975 Air Navigation and Transport Act's Section 6, which bars suspended sentences and probation, is disproportionate, draconian and unconstitutional. Guzauskas, a furniture mover, is charged under Section 3 for a July 2022 incident, while Brils, a company employee, faces a similar charge for a January 2023 flight. Both pleaded not guilty and are represented by Mark Lynam SC. Their judicial review seeks to prevent further prosecution under Section 3, declare Section 6 incompatible with the Constitution and the European Convention on Human Rights, and obtain orders from the court. Justice Niamh Hyland granted permission for the actions, with the cases scheduled to return next month.
In a High Court hearing on 26 April 2024, Mr Justice Michael Twomey dismissed the latest claim by brothers Brian and Maurice McDonagh against Fane Investments Ltd, Quanta Capital Investments Ltd and director Mel Sutcliffe over an 82‑acre site at Mount Kennedy, Kilpedder, Co Wicklow. The brothers alleged a 2017 agreement to form a 50‑50 partnership with Quanta to develop a data centre, but the judge held that the agreement was conditional and never became legally binding, having been terminated in March 2018. The McDonaghs had bought the land in 2007, failed to repay a mortgage to Ulster Bank, and the bank appointed a receiver in 2014. Fane purchased the land from the receiver in 2021 for €3 million plus a deferred 25 % profit share. The brothers also sued Ulster Bank for an alleged inadequate sale price, but the judge found no expert evidence and upheld the bank's Isaac Wunder orders.
Dr Edwin Fitzgibbon, also known as Joe Fitzgibbon, has launched High Court proceedings seeking an injunction to prevent a receiver from repossessing a medical suite at the Hermitage Clinic in Lucan, Dublin 20. The applicant, represented by Miriam Reilly SC and Conor Duff BL, alleges that receiver James Anderson and Everyday Finance intend to take possession on April 27 over a dispute regarding the repayment of loans. Dr Fitzgibbon claims the threatened repossession is heavy-handed and disproportionate, noting the suite is also used by two other practitioners. The dispute stems from loan facilities of just over €1m taken out with AIB in 2013. The applicant asserts he entered a settlement agreement in 2017 to sell the suite by June 2022 and has complied with its terms, despite the loan being sold to Everyday Finance DAC. He rejects claims of non-compliance, attributing delays to the actions of Everyday's agents, and has lodged an outstanding complaint with the Financial Services and Pensions Ombudsman. Dr Fitzgibbon states he was informed last month that the settlement agreement was formally withdrawn and that the receiver, appointed in late 2023, planned to take possession. Before Mr Justice David Nolan, the court granted the applicant permission on an ex-parte basis to serve short notice of his injunction application on the defendants. The matter was adjourned and will return before the court next week.
Alan O'Neill and partner June Finnegan have obtained permission to file a motion seeking the attachment and possible committal to prison of Mr. Noel Martin Senior, a defendant in their case against Drumgoan Developments Limited. The couple allege that Mr. Martin breached a High Court injunction that barred him from contacting them regarding the disputed ownership of a garage adjacent to their 20‑year‑old home at Crann Nua, Edenderry Road, Portarlington. They claim the garage, purchased with an extra fee in 2005, was not properly conveyed to them and that the defendants have threatened and intimidated them. The judge, Mr Justice David Nolan, granted the motion on an ex‑parte basis and adjourned the application to a date next week, while maintaining the injunction. The couple also allege that Mr. Martin sent threatening communications and that the defendants have engaged in a "land grab" and demanded money from them and neighbours. The case remains pending.
In a High Court hearing on 24 April 2024, Mr Justice David Nolan warned Drumgoan Developments Limited and its alleged owners, Noel Martin Senior and Darren Martin, that any breach of the court's undertakings or the temporary injunction would bring "serious consequences." The injunction, granted after Alan O'Neill and partner June Finnegan secured a restraining order, prohibits the defendants from contacting the couple or driving past their home on Edenderry Road, Portlaoise. Mr Justice Nolan noted that the defendants had already breached the injunction when Mr Martin Senior sent a WhatsApp message threatening to report the couple to Tusla for "dangerous unlicensed animals" and demanding the removal of Mr O'Neill's car. The judge described the defendants' conduct as "egregious" and urged their lawyers to convey the gravity of any further breaches. He adjourned the case for a week to allow the parties to discuss a potential arrangement regarding the injunction.
Two men, David Amah (18) and Michael Andrecut (22), and a 17‑year‑old minor were charged with the murder of gunman Tristan Sherry (26) in Blanchardstown on Christmas Eve. Sherry shot and fatally injured Jason Hennessy Senior at Browne's Steakhouse on 24 December 2023; Hennessy died 11 days later. The three appellants appealed a High Court refusal of bail. At the Court of Appeal, Seamus Clarke SC for Andrecut argued that the judge's Section 2 bail objections were based on conjecture about future offences and a "feud" that was not supported by hard evidence. Michael O'Higgins SC for Amah highlighted the chaotic circumstances of the night and the lack of evidence that Amah might flee. Michael Bowman SC for the minor contended that the judge erred by treating the youth as a "lightening rod" for danger, ignoring the presumption in favour of bail.
A nursing home operator, Bartra Opco (Northwood NH) Limited, has initiated a High Court challenge against the State over what it describes as an insufficient funding increase under the 'Fair Deal scheme'. The applicant operates the Northwood Residential Home on Old Ballymun Road Santry, Dublin 9, and claims that the National Treatment Purchase Fund (NTPF) has not provided a fair or reasonable offer for the funding increase. The nursing home sought a 10% increase, amounting to an additional €127 per week per resident, but the NTPF's final offer was €1,320 per resident from January 1, 2024, to April 30, 2024, and €1,365 from May 1, 2024, to April 30, 2025. The applicant alleges that the offer is not fair, lacks proper reasoning, and is inconsistent with how the NTPF has handled similar requests from other nursing homes. The case was heard by Ms Justice Niamh Hyland, who granted the applicant permission to proceed on an ex-parte basis. The matter is adjourned and will return before the court next month.
Maurice Kiely, a musician who claimed he wrote the song 'A Man and A Woman' and that it was unlawfully included on U2's 2004 album 'How to Dismantle an Atomic Bomb', sued U2 Ltd for €12 million in damages. He represented himself and had previously sought interrogatories from U2, which were dismissed by Mr Justice O'Moore. In the High Court, Mr Justice Mark Sanfey dismissed the appeal after Kiely failed to appear for the hearing and could not be located in the Four Courts precincts. The judge noted Kiely's inconsistent communications and his decision not to attend the scheduled mention. Consequently, the entire proceedings were struck out, and U2 Ltd was ordered to recover its legal costs from Kiely. The case remains closed with no further action taken by Kiely.
The High Court and coroner's court have examined competing legal arguments regarding the scope of verdicts available to the jury in the resumed inquest into the 48 deaths at the Stardust nightclub fire. The new inquests, which commenced in April 2023 at the Rotunda Hospital in Dublin, followed a 2019 direction by the then Attorney General that fresh proceedings were necessary due to insufficient examination of the fire's circumstances at the original 1982 inquiry. Former Stardust manager Eamon Butterly challenged the coroner's decision to permit a potential unlawful killing verdict, arguing it would identify him as subject to censure. In November 2022, Mr Justice Charles Meenan rejected this challenge, confirming such a verdict could lawfully be available provided no individual remained identifiable as censurable. Following the conclusion of evidence, Coroner Dr Myra Cullinane received further submissions from interested parties. She ultimately ruled that an unlawful killing verdict could be placed before the jury, applying a beyond-reasonable-doubt standard of proof. The available verdicts were determined as accidental death, misadventure, unlawful killing, narrative, and open verdict.
Alan O'Neill and his partner June Finnegan have launched High Court proceedings against Drumgoan Developments Limited, Noel Martin Senior, and Darren Martin regarding a dispute over the ownership of a garage in Portarlington, Co Laois. The plaintiffs allege they purchased the garage in 2005 but it was not properly conveyed due to a solicitor's oversight. They claim the defendants, who assert ownership, engaged in a "land grab," made monetary demands, and damaged the property with a JCB on 21 February, despite the garage housing exotic animals including a caiman alligator, chameleons, and scorpions. Mr O'Neill alleged that men directed by Darren Martin smashed the walls with power tools and drove a JCB through the structure, causing substantial damage and disrupting animal breeding. He further claimed Noel Martin Senior sent threatening messages and that the defendants intimidated the family by driving near their home. In response to a cease and desist letter, Mr Martin Senior allegedly dismissed the legal correspondence as "waffle" and threatened to report the plaintiffs to Tusla. Counsel Ruaidhri Giblin BL, instructed by solicitor Paul Kelly, sought an injunction to protect the property and restrain interference. Mr Justice Mark Sanfey, hearing the matter on an ex parte basis, granted a temporary injunction restraining the defendants or their agents from contacting or communicating with the plaintiffs. The judge noted the defendants' communications did not put them in a good light and granted permission to serve short notice of the proceedings. The matter was adjourned and will return before the court next week.
The High Court President discharged orders that had allowed a hospital to give a blood transfusion to a Jehovah's Witness patient after the patient's condition improved. The orders were originally made because the patient, whose identity is protected, lacked capacity to consent and no signed Advance Care Directive was available. The hospital had sought the orders after the patient's family would not consent to any blood or blood products for religious reasons, and doctors warned that a transfusion might be needed to save his life. The patient was in intensive care after a serious road traffic accident, on a ventilator and unable to communicate. After recovery of mental capacity and no need for transfusion, the court agreed to strike the orders, while orders preventing media identification remain in force.
Paul Byrne, a veteran Virgin Media broadcaster, has filed High Court proceedings to halt disciplinary action taken by his employer after he was suspended following a live report on February 9th about a young boy's death in County Waterford. Byrne argues the information he presented was believed credible at the time and that the suspension was due to alleged breach of the broadcaster's News Guidelines for not consulting his line manager beforehand. He claims the disciplinary process is flawed, punitive, and breaches his contractual rights, seeking an injunction to stop the proceedings, restore his salary and benefits, lift his suspension, and prevent replacement. Virgin Media denies the allegations, stating the breach was serious and steps were needed to avoid recurrence. Byrne's counsel, Eoin Clifford SC, described the process as "irredeemably flawed" and highlighted that Byrne was not required to discuss the report with the producer. The case is set to return to court next week.
Activist Gemma O'Doherty appeared before the High Court on Wednesday regarding an application for alleged contempt of court. The matter was adjourned to later this week to allow O'Doherty to obtain legal instructions and review relevant documents. She was released from Garda custody following the hearing. The application stems from an injunction granted to Edel Campbell, which restrains O'Doherty from harassing Campbell or publishing confidential information about her and her late son, Diego Gilsenan. Campbell alleges O'Doherty breached these orders through video posts and statements. O'Doherty, appearing without legal representation, rejected the allegations, stating she never harassed Campbell and that any attempt to jail her would be outrageous. She claimed the injunction was unlawful and that Campbell's actions violated champerty laws. Counsel for Campbell, David Kennedy SC, stated his client sought only compliance with the injunction and that O'Doherty's refusal left them no option but to bring the contempt motion. The court did not reach a final determination on the merits, as the hearing was suspended to facilitate proper legal representation.
Brian Fitzpatrick, a senior executive at Bocomm Aviation Leasing Ireland, settled a High Court dispute with his employer over a claim that the company demanded he stop working from home and instead work from its Dublin office several days a week. Fitzpatrick, who had been working remotely from his home in Danganbrack, Quin, Co Clare for years, said the company had never objected to this arrangement before the alleged demand. He also alleged that the company wrongfully refused to pay him his six‑figure annual bonus. Fitzpatrick sought an injunction to prevent the employer from imposing sanctions, to halt a purported investigation, and to stop interference with his employment terms, as well as an order for full payment of salary and benefits. The case, first heard in February, was adjourned repeatedly for settlement talks.
Enoch Burke, Issac Burke, and Ammi Burke appeared before the High Court regarding Enoch Burke's ongoing imprisonment for failing to comply with an injunction to stay away from Wilson's Hospital School. The judge offered Enoch Burke temporary release during school holidays to reflect on his position, a proposal the school did not object to. However, Enoch Burke refused the offer, alleging the school made false statements regarding security arrangements. The hearing became heated, resulting in Enoch Burke, his brother Issac Burke, and his sister Ammi Burke being removed from the courtroom for interrupting the judge or refusing directions. The judge noted that despite this being Enoch Burke's fourth appearance, the situation had not altered. Counsel for the school stated there was no alternative to Enoch Burke's imprisonment, though they did not object to the judge's proposal for a period of release. The judge adjourned the matter for further review to a date in June. Enoch Burke remains in Mountjoy Prison, having spent over 300 days incarcerated for his failure to comply with the court order. The judge remarked that Enoch Burke was behaving in a way that suggested he wished to remain in prison, despite efforts to provide an alternative.
The High Court heard that World Diamond Group SPA (WDG) sought an injunction against Shuwan Li, trading as Empress Fine Jewels, alleging her refusal to return a consignment of goods worth €585,000. WDG, represented by Barney Quirke SC, claimed the commercial relationship broke down after the defendants allegedly owed large sums for supplied goods. The plaintiff's CEO, Castrenze Giuliano, accepted an intimate relationship with Ms. Li existed but maintained the proceedings were strictly commercial, not related to the relationship's end. Ms. Li, represented by Peter Shanley BL, strongly rejected wrongdoing, arguing the action was motivated by the end of a four-year romantic relationship and that the injunction would prejudice her business, as the goods constitute 40% of her stock. WDG also sought an order for 77 items of jewellery to be held by an independent stakeholder, alleging threats during a store inspection. Mr Justice David Nolan refused both applications to vacate the injunction or order the stakeholder arrangement, citing insufficient financial information from the defendants and concerns over the inspection allegations. He determined the existing temporary injunction sufficiently protected WDG's position, noting any breach would constitute contempt. The judge emphasized he was not making a final determination on the complex dispute. The matter was adjourned to a date in April.
In a High Court hearing on 21 March 2024, TD Marc MacSharry, who has represented Sligo‑Leitrim since 2016 as an independent, settled his action against the Standards in Public Office Commission (SIPO). MacSharry had claimed that SIPO unlawfully processed and disclosed his personal data, violating the EU General Data Protection Regulation, the 2018 Data Protection Act, and the 2014 Freedom of Information Act. The court granted several declarations in his favour, stating that SIPO had processed his data in contravention of Article 6 of the 2018 Act and had unlawfully disclosed confidential information in breach of the Freedom of Information Act. It also declared that SIPO had breached MacSharry's constitutional and European Convention on Human Rights rights to privacy and confidence. MacSharry will be paid his legal costs, and the proceedings were struck out following the settlement, which remains confidential. The defendant, represented by Gary Compton BL, consented to the orders and declarations.
A young woman has filed a civil damages claim against mixed‑martial‑arts star Conor McGregor for alleged assault, and the case has been scheduled for trial in the High Court next month. The action, which will be heard before a jury and presided over by a judge, was set for the week beginning 23 April after the judge, Mr Justice Alexander Owens, heard from Siún Leonowicz BL, the woman's counsel, who confirmed the case was ready to proceed. McGregor, originally from Crumlin, denies all wrongdoing. The claim is one of two initiated against the celebrity sportsman over incidents alleged to have occurred in 2018. The woman's action was filed in 2021, but no details of the claim have been disclosed in open court. A second personal‑injuries action, brought by the woman's mother, is not scheduled for jury trial.
The High Court has heard arguments regarding the extradition of Peter 'Peadar' Keating to the UK, where he faces charges including perverting the course of justice and conspiracy to possess firearms. Keating, a senior Kinahan cartel member, was jailed for 11 years in Ireland in September 2021 after pleading guilty to directing a criminal organisation involved in the targeting of James 'Mago' Gately. The UK warrant alleges Keating conspired to source weapons from the Netherlands to assist Thomas 'Bomber' Kavanagh in reducing his sentence. Kavanagh, who pleaded guilty to drug trafficking, was jailed for 21 years in England in March 2022. Counsel for Keating argued that the alleged conspiracy occurred outside the jurisdiction of England and Wales, noting Keating was serving a sentence in Ireland during the relevant period. The court also considered arguments regarding prison conditions in the UK. The hearing before Mr Justice Patrick McGrath was adjourned and continues tomorrow. Separately, Imre Arakas was jailed for six years in December 2018 after admitting to conspiring to murder Gately in Northern Ireland. Stephen Fowler and David Duffy were also jailed for providing logistical support to the plot against Gately.
An Italian diamond distributor, World Diamond Group SPA, obtained a temporary High Court injunction against Shuwan Li, trading as Empress Fine Jewels, to stop the sale or distribution of over €500,000 worth of jewels. The injunction was granted ex‑parte by Mr Justice David Nolan after the parties' commercial relationship collapsed. WDG alleges Li failed to return a consignment valued at €585,000 and that the defendants owe large sums for goods supplied. The court heard that negotiations had taken place, but WDG was concerned about the repayment method and ended the relationship, demanding the return of the goods. WDG seeks an order for the return of the consignment, damages, a declaration of ownership, and a separate €155,000 judgment for other goods. The defendants have disputed the debt amount and the deadlines for return, and the case will return to the High Court next week.
The owners of the Fota Island resort and other luxury hotels in Cork have secured temporary freezing orders against former directors Xiu Xiang Kelly and her son Tuo Du. The High Court granted the orders after Mr Yuzhu Kang, a Chinese businessman who had previously resolved a dispute over the resorts, alleged that the directors defrauded the companies of more than €1.8 million. Mr Kang claims the directors received €1.5 million for artworks and furniture that were worth far less, and that €246,000 was paid for sham redundancies in 2021. He also cites an unpaid €125,000 loan to Ms Kelly. The court ordered that Ms Kelly's assets not fall below €1.85 million and Mr Du's not below €1.7 million, pending further proceedings. The case remains at the temporary injunction stage, with the matter set to return to court early next week.
In a High Court trademark dispute, Hitianland Limited, trading as 'Xi'an Street Food', sued IR Entertainment Limited over its planned restaurant 'Meet Xi'an' in Dublin 7. Hitianland alleged that the name and a logo with Chinese characters would infringe its registered trademark and cause confusion with its existing restaurants. The case was adjourned for out‑of‑court settlement talks. When it returned before Mr Justice Mark Sanfey, the parties agreed to a settlement: the new restaurant will operate under the name 'Biang Biang' on Little Mary Street, and the proceedings were struck out. The settlement was reached with the consent of both parties, and no damages or injunctions were imposed. The dispute centred on the use of a similar name and logo in a nearby area, which Hitianland claimed could damage its goodwill and reputation. The case was therefore resolved without a court order.
The State barrister argued that lawyers for liquidator Kieran Wallace could not claim more than €6 million from the Employers' Insolvency Fund for the insolvent pension scheme of Protim Abrasives Ltd. Wallace, acting as liquidator, had challenged the Department of Social Protection's refusal to pay the pension fund from the fund. The tribunal heard that pensioners, who should receive about €8 000 a year, had not been paid for some time. The State maintained that the claim could only be for the lesser of the contributions due in the 12 months before insolvency or an actuary‑certified amount. Frances Meenan said the claim could not "ride a coach and four" through the legislation. The case remains a novel dispute over the extent of the pension deficit and the statutory limits on the fund's liability.
The High Court has dismissed a judicial review application brought by Eddie Cunningham Cummins and Erica Cunningham Cummins, residents of Heron's Wood, Carrigaline, Co Cork. The applicants challenged the Criminal Injuries Compensation Tribunal's refusal to compensate them for the 2005 shooting death of their father, Eddie Cummins Senior, in Ballincollig, Co Cork. Ms Justice Mary Rose Gearty ruled that the Tribunal was correct in its decision, finding it not disproportionate or discriminatory to deny compensation to dependants where the victim died as a result of their criminality. The court noted that Mr Cummins Senior had over 20 convictions, including for drug offences, and that the killing was believed to be drug-related. Although the judge expressed sympathy for the "blameless children," she held that the State's policy of deterring crime justified the refusal. The Tribunal had previously rejected the 2011 application due to time limits and the victim's conduct, a decision upheld on appeal in 2022. The applicants sought to quash the Tribunal's decision and obtain declarations that it was irrational or breached their rights. The court found that the applicants failed to establish that the Tribunal acted outside its powers, fettered its discretion, or made an unreasonable decision. No one has been prosecuted for the murder.
During a High Court hearing on 14 March 2024, the plaintiff company, Total Experience Limited trading as Pastures New Accommodation, presented evidence that a protest at its Newhall site in Naas, Co. Kildare, had ended after a temporary injunction was granted. The company, contracted by the State to provide 985 beds in 387 cabins for Ukrainian refugees, claimed that up to 50 protesters had blocked entrances for 24 hours, creating a nuisance and safety risk. The injunction, obtained ex‑parte, restrained the protesters from obstructing the site. The plaintiff sought to adjourn the proceedings and was granted permission to return if necessary. A concerned citizen, Mr Chris McCormack, addressed the court, voicing local residents' worries that the development would become a "village of 1,000 people" and that a similar facility had been used for "100 people from the third world" without documents.
The High Court heard an urgent application by US firm Drink Command America LLC, seeking an order compelling Irish company Drink Command Limited to mediate a dispute over the termination of a distribution agreement for self-serving drink dispensers. Counsel for the plaintiff alleged that the defendant unilaterally ended the agreement, which had been in operation since 2020, and failed to observe the contractual dispute resolution mechanism requiring mediation. The plaintiff claimed this breach caused irreparable damage and sought an order restraining the defendant from refusing its duties pending mediation. The court heard that the dispute stemmed from differences between Doirt Limited, a firm related to the plaintiff's owners, and the defendant's other Irish-based shareholders, Mr Donal Lynch and Mr Gary Clowry. These alleged differences involved funding, director appointments, IT access, and intellectual property retention. The plaintiff contended that the defendant's actions were aimed at improving the position of the Irish-based shareholders in negotiations. Mr Justice Mark Sanfey accepted the matter was urgent and granted the plaintiff permission, on an ex-parte basis, to serve short notice of its application on the defendant. However, the judge expressed concerns about making an order requiring one party to attend mediation. The matter was adjourned and will return before the court later this month.
Donegal Garda Keith Harrison has filed a High Court challenge to lift a three‑year suspension from duty. He claims the suspension, imposed in March 2021, is based on allegations that he entered a consensual relationship with a woman who had previously reported herself as a crime victim. Harrison denies any wrongdoing, stating the relationship was consensual, that they have a child, and that the woman has not sought criminal prosecution. He alleges that the Garda disciplinary process is unfair, procedurally flawed, and that evidence has not been properly disclosed to him. Harrison also claims the suspension is an abuse of process and seeks orders to quash the suspension, the appointment of the investigating officer, and the continuation of the inquiry. The High Court has granted him permission to proceed with the challenge, with the case set to return next month. The matter involves ongoing internal Garda disciplinary proceedings and a prior investigation by the Disclosures Tribunal.
The High Court has granted Martin Mahoney, a retired man from Wexford, permission to challenge the Financial Services and Pensions Ombudsman's refusal to investigate his complaint regarding loans allegedly mis-sold by Allied Irish Bank. Mr Mahoney, represented by Gary McCarthy SC, Andrew Walker SC, and Brendan Hennessy BL, contends that the Ombudsman's decision not to investigate his 2021 complaint is unlawful. He alleges that AIB mis-sold him two loans taken out in 2005 and 2008, which he claims were unsuitable and contrary to EU consumer law because they extended beyond his mandatory retirement date. The Ombudsman initially cited an alleged fraud claim as a barrier, which Mr Mahoney subsequently withdrew, before ultimately stating in November that it lacked jurisdiction and the complaint was time-barred. Mr Mahoney argues this refusal is irrational, unreasonable, and inconsistent with previous Ombudsman decisions. Allied Irish Bank PLC is a notice party to the action. Ms Justice Niamh Hyland granted the plaintiff permission to bring the action on an ex-parte basis. The matter was adjourned and will return before the court in April.
In a landmark High Court ruling, Justice Emily Egan held that the noise from the Ballyduff Windfarm at Kilcomb, near Enniscorthy, constitutes an unreasonable interference and therefore a nuisance to neighbouring residents. The decision, the first private nuisance claim against wind turbine noise in Ireland or the UK, found that the sustained periods of high‑level noise, especially in the evenings, weekends and early mornings, substantially interfered with the plaintiffs' enjoyment of their homes. The plaintiffs, Margret Webster and Keith Rollo, and Ross Shorten and Joan Carty, sued Meenacloghspar (Wind) Limited for damages, alleging the noise had damaged their lives, health and property values. The court rejected the defendant's claims of negligence and of non‑breach of planning conditions, and directed the parties to re‑engage in mediation to seek proportionate mitigation measures. The case will proceed to a second module to determine damages and possible injunctions. The hearing lasted 51 days and the costs are estimated above €1 million.
The High Court heard that a protest at a new Ukrainian refugee accommodation site in Newhall, Naas, Co Kildare, has "de‑escalated". Total Experience Limited, trading as Pastures New Accommodation, was building emergency accommodation for hundreds of Ukrainian refugees and had obtained a temporary injunction to stop protesters from blocking the site's entrances. The plaintiff's lawyers said that, despite the injunction, a campsite had been erected by protesters, which they alleged was trespassing. Counsel for the plaintiff reported that the campsite had been removed overnight, reducing the urgency of the matter. The court agreed to adjourn the case to the following Thursday, keeping the injunction in place. No protesters attended the adjourned hearing, and the plaintiff's application to amend the proceedings was postponed. The injunction remains in force while the case is pending.
Ken Oman, a 41‑year‑old former League of Ireland centre‑back and Ireland U21 international, voluntarily surrendered to Northern Ireland authorities to face charges of causing a broken jaw to Cliftonville player Caoimhín Bonner during a 2016 Premiership match at Solitude. The incident, captured on TV, led to Bonner losing two front teeth and sustaining a broken upper jaw. Oman received a six‑match ban from the Irish Football Association. The warrant, issued in the Republic and endorsed by the PSNI, refers to the offence as grievous bodily harm, punishable by up to seven years' imprisonment in the UK. At the High Court, Oman confirmed he had been fully advised of his legal options and signed consent papers. The judge ordered his extradition to Northern Ireland within 20 days, noting Oman had complied with bail conditions and had engaged a solicitor in the North.
Michael Murray, 52, formerly of Killiney, Dublin, is on trial before Judge Patricia Ryan and a jury for one count of knowingly making a false report giving rise to an apprehension for the safety of someone else. He pleaded not guilty to the charge, which alleges he phoned in a bomb threat to the home of Minister for Justice Helen McEntee while imprisoned in Midlands Prison, Portlaoise, on March 7, 2021. The jury heard that an anonymous caller claiming to be from the INLA reported explosives at the Minister's home; no explosives were found, but the call was traced to a unique identification number registered to Mr. Murray. Video footage of a garda interview played to the jury showed Mr. Murray admitting to having "well-known" links to the INLA. He denied making the threat, stating he regularly called the Samaritans. The court also heard details of his criminal history, including convictions for armed robberies and a 2010 conviction for kidnapping and rape, for which he was initially sentenced to 15 years imprisonment, later increased to 19 years on appeal. The trial continues.
The High Court heard that protesters continue to obstruct entrances to a refugee accommodation site in Naas, Co Kildare, despite a temporary injunction granted last week. Gary McCarthy SC, with Barry Mansfield BL, representing the applicant, Total Experience Limited trading as Pastures New Accommodation, told Mr Justice Oisin Quinn that the protest remains ongoing. Counsel alleged that while some protesters left, others erected a campsite at the entrance, preventing larger articulated lorries from accessing the site. The applicant claims the protesters are trespassing and requested to amend proceedings to address this alleged trespass, extend the previous order, and add the names of several identified individuals. The court heard the facility, contracted by the State to provide 985 beds, was scheduled to open this week but remains delayed. No defendants appeared or made representations. Mr Justice Quinn accepted the matter remained urgent and adjourned it to later this week. The applicant also alleged that protesters previously used tactics including human shields and parked cars to block access, constituting a nuisance. The company expressed concern over aggressive social media posts alleging threats of fire and sabotage, noting fears of escalation given previous incidents involving refugee accommodation.
A company building emergency accommodation for Ukrainian refugees in Newhall, Naas, Co Kildare, has obtained a temporary High Court injunction to stop protesters from blocking the site's entrances. Total Experience Limited, trading as Pastures New Accommodation, claims that up to 50 protesters have been preventing people and vehicles from entering or leaving the site by forming a "human shield" and parking cars in front of the entrances. The company says these actions amount to nuisance and unreasonable interference, and that the blockade could delay the completion of the facility, which is 90% finished and expected to be ready by early March. Mr Justice Mark Sanfey granted the injunction on an ex‑parte basis, restraining two identified protesters, Noreen O'Shea and Jessica McLoughlin, and against unknown persons who are also alleged to be obstructing the entrances. The injunction is temporary and the case is set to return to court next week.
The High Court heard that Alexandr Vakiy and Max Bulgakov, former partners, directors and shareholders of Maxala Limited and EastDeli Limited, have fallen out over irreconcilable differences, partly due to the 2022 Russia‑Ukraine war. Vakiy, represented by Bernard Dunleavy SC and Naill Ó hUiginn BL, has brought proceedings under the 2014 Companies Act, alleging oppression as a shareholder by Bulgakov. Bulgakov, represented by Martin Hayden SC and Brian Walker BL, denies wrongdoing. Vakiy has applied for an injunction preventing Bulgakov from transferring money from the companies' bank accounts without 72‑hour notice and an invoice to substantiate such transfers. He also seeks access to the businesses' digital platforms and login credentials to participate in the Deposit Return Scheme. The court was told that the parties have agreed to give each other cross‑undertakings, including 72‑hour notice of payments and access to online facilities, and that the dispute will go to mediation.
Patrick Kinsella secured a temporary High Court injunction that stops Everyday Finance Designated Company and joint receivers Andrew Dolliver and Luke Charleton of EY from auctioning a house in Orristown, Killinick, Co Wexford. Kinsella, who co‑owns the property with his former wife and whose son lives there, argues the receivers were not validly appointed, lack a power of sale and have no right to possess the house. He maintains that their only lawful activity is collecting rent. Kinsella's case stems from a €270,000 loan taken in 2007, later transferred to a family business that failed, and subsequently acquired by Everyday in 2019. He claims Everyday unlawfully demanded full repayment of €213,000 in 2021, leading to the receivers' appointment in 2022. The court, deeming the auction urgent and "extraordinary" with tenants present, granted the injunction, and the matter will return next week.
Enoch Burke, a teacher, remains in Mountjoy Prison after refusing to comply with a court order to stay away from Wilson's Hospital School in Co. Westmeath. Judge Mark Sanfey noted that Burke has not paid any of the fines imposed by the High Court last year or the costs orders made against him by the courts in favour of the school. Burke, who claims he is being punished for his religious beliefs and opposition to transgenderism, said he has spent almost a year behind bars because he was being punished for his religious belief, his opposition to transgenderism and his refusal to comply with a direction from the school to address a student by a different pronoun. The judge adjourned the matter to late March to review the "profoundly unsatisfactory situation" and to consider possible alternatives to Burke's ongoing imprisonment, including sequestration of his assets.
At a High Court hearing, Mr Justice Mark Sanfey excluded several members of Enoch Burke's family, including Isaac Burke, from attending next week's review of Enoch Burke's ongoing refusal to stay away from Wilson's Hospital School in Co Westmeath. The judge ruled that Sean, Martina, Isaac, and Ammi Burke could not attend due to their disruptive behavior, which included shouting and roaring on several occasions in court. The court offered the family members the opportunity to attend if they provided undertakings not to disrupt the proceedings, otherwise they would be allowed to view the hearing via video link. The family members, including Dr Isaac Burke, strongly objected to their exclusion. During the hearing, Dr Burke was physically removed from the courtroom by gardai after he refused to comply with the judge's direction to leave. Enoch Burke, via a video link from Mountjoy Prison, also addressed the court, claiming he had no advance warning of the application to exclude his family members and accused the judge and other members of the judiciary of being 'liars.' Mr Justice Sanfey stated that the court had written to the family members in advance regarding the proposal to exclude them and that their past behavior at previous hearings had been a factor in the decision. The judge emphasized that the court was entitled to take steps to maintain good order and that the constitutional rights of the public to attend court had been considered. The matter is currently at the appeal stage.