Court archive

In High Court

2017-05-05 · Kilkenny

Legal challenge to Kilkenny road development referred to European Courts

The High Court case challenging the Kilkenny Northern Ring Road Extension, which was approved by An Board Pleanala and granted to Kilkenny County Council in July 2014, has been referred to the Court of Justice of the European Union. Mr Justice Richard Humphreys referred eleven legal questions concerning EU directives on the conservation of wild fauna and flora. The questions ask whether statements about the impact of a proposed development must identify the full extent of habitat and species on the site, whether assessments of impact on protected species and habitats inside and outside special areas of conservation are required, and whether an environmental impact assessment must contain sufficient information about each alternative to the proposal. The case involves a 1.5‑km road section that cuts through protected natural areas, including a special protection area for kingfishers and a candidate special area of conservation for the Nore freshwater pearl mussel.

2015-12-17 · Ireland

Row over proposed sale of Heatons to Sports Direct adjourned to March

In a High Court case, Irish shareholders of the Heatons retail chain—Katipo Ltd, Mark Heaton, Hugh Heaton, and John O'Neill—have sought to enforce an agreement with Sports Direct International Plc (SDI) regarding the sale of shares in Warrnambol, the company that operates the Heatons and Sports World stores. The shareholders claim SDI, which holds the remaining 50% of Warrnambol, failed to provide a certificate from the company's auditors confirming that Section 980 of the 1997 Taxes Consolidation Act did not apply, a condition agreed as part of the €48 million purchase. They are requesting an injunction to compel SDI to pay the full purchase price without any deduction for Capital Gains Tax. SDI opposes the injunction. The parties have agreed on how the matter will proceed, with the full hearing scheduled for early March, after a brief hearing of the injunction application. The case remains pending at the High Court.