Court archive
Irish High Court
2020-07-16 · Cork
During an Irish High Court extradition hearing, Mr Justice Paul Burns expressed condolences to the family of Sophie Toscan du Plantier, whose body was found outside her holiday home in Schull 24 years ago. The judge noted that extradition proceedings can feel "dry" but should not suggest the tragedy has been forgotten. Mr Ian Bailey, 63, is wanted in France for a 25‑year prison sentence for the murder of Ms du Plantier. He was convicted in absentia by a Paris court in May 2019, after French authorities had sought his surrender in 2010 and 2017, the latter being dismissed as an abuse of process. Bailey denies involvement, describing the proceedings as a "farce," and has been living openly in Ireland since his arrest under a European Arrest Warrant in December 2019. The hearing, the third attempt by France, continues to address the legal and procedural aspects of his extradition.
2020-02-27 · Dublin
A prominent German lawyer, Mark Somos, has filed proceedings in the Irish High Court alleging that parties based in the Middle East, specifically Qatari actors, have attempted to hack his private Gmail account. He claims that an unknown individual using a Qatari phone number tried to unlawfully access his account in recent weeks and months, including an attempt to reset his recovery email and number. Somos, represented by Niall Buckley BL, says he has received warnings from German security authorities about Qatar's attempts to hack his and his clients' phones and computers. He has submitted complaints to several United Nations bodies, including the Human Rights Council, on behalf of clients who are under extensive police protection in Germany. The action seeks orders requiring Google Ireland Ltd to disclose the identity of the alleged hacker and the devices used, and to provide identifying particulars of those devices.
2019-10-18 · Ireland
Dozens of Irish hauliers have filed damages claims against five major European truck manufacturers—MAN, Volvo Renault, Daimler, Iveco and DAF—alleging that the companies engaged in anti‑competitive practices for 14 years, as found by the European Commission in 2016. The Commission determined that the manufacturers colluded on truck pricing and passed on the costs of emission‑compliance technologies to customers, resulting in fines totalling €2.93 bn, except for MAN which was fined less after revealing the cartel. The Irish claims, represented by Paul McGarry SC and solicitor Evan O'Dwyer, seek damages for breach of Irish and EU competition laws, including exemplary and punitive damages, and compensation under the Competition Act. More than 50 cases have been filed and are expected to increase. Proceedings were stayed pending a European Court of Justice ruling on whether domestic courts can hear such claims.
2019-02-05 · Ireland
Mr Baljit Singh Bhandal, a British businessman, has taken legal action in the Irish High Court against the Irish Banking Resolution Corporation Ltd (IBRC) in special liquidation. Bhandal claims that IBRC refused to recognise a £113 million judgment he secured against it in the English High Court in March 2013, which arose from a sale of his property Updown Court in Surrey. He argues that IBRC's special liquidators rejected his claim on the basis that it was not "true and bona fide," citing a 2015 judgment that found him involved in money laundering and that the property was acquired through proceeds of crime. Bhandal maintains he was never charged or convicted of those offences and seeks to have the 2013 judgment admitted as an unsecured liability in the special liquidation, and to review the liquidators' exercise of powers. The case was heard before Mr Justice Tony O'Connor and is expected to continue for several days.
2019-01-21 · Dublin
Francis Lanigan, 53, is to be extradited to Northern Ireland on murder and firearm charges following the Supreme Court's refusal to hear an appeal against his surrender. The High Court formally lifted the stay on his extradition, clearing the way for his return. Mr. Lanigan is wanted in connection with the alleged 1998 killing of John Knocker in Dungannon, Co Tyrone. He had contested extradition, arguing his life was at risk from paramilitaries. His legal battle spanned multiple High Court judges, the Court of Appeal, the Supreme Court, and the European Court of Justice. He also challenged the constitutionality of the European Arrest Warrant Act and filed two Habeas Corpus applications. In 2015, the High Court ordered his surrender, a decision upheld on appeal. Last year, the Court of Appeal dismissed his application to refer the case to the ECJ. Mr. Lanigan had been on bail pending the Supreme Court's decision. He was arrested in 2013 under a European Arrest Warrant while working as a barber in Dublin, where he had lived under the alias Ciaran McCrory for 15 years. In an affidavit, he stated he joined the INLA around age 19 and was jailed for membership in the 1980s. He claimed he fled south after an attack in 1998 that resulted in Mr. Knocker's death, disputing the authorities' account of the incident.
2018-06-12 · Armagh
The Irish Government has announced its intention to appeal the European Court of Human Rights' (ECHR) finding that 14 men in Northern Ireland were not tortured when detained by the British Army in 1971. The appeal will be directed to the ECHR's Grand Chamber, following a ruling last March. The decision comes after Mary McKenna, daughter of Sean McKenna, one of the detainees known as 'the hooded men,' initiated proceedings in the Irish High Court to compel the government to inform her of its appeal intentions. Michael Halleron, representing Ms. McKenna, stated that the referral to the Grand Chamber offers another opportunity to revise the 1978 ECHR ruling, which found the treatment of the men to be inhuman and degrading but not torture. In 1971, Mr. McKenna and 13 others were subjected to interrogation and sensory deprivation practices by the British Army. Mr. McKenna was released into a psychiatric hospital and died in 1975. Ms. McKenna believes his death was directly attributable to the treatment he suffered. The Irish Government had requested a revision of the 1978 decision in 2014 after new information was disclosed. Last March, the ECHR refused the request. The Government had until June 20th to seek a referral to the Grand Chamber. Ms. McKenna brought High Court proceedings after being informed that any decision on the appeal would be made on June 19th. Mr. Justice Seamus Noonan adjourned the matter to Wednesday's sitting of the court.
2016-12-07 · Ireland
Two of six Syrian nationals who have brought a case before the Irish High Court to prevent their transfer from Greece to Turkey are to be transferred to Germany, as they had wished, the High Court has heard. The two are members of one of two Syrian families, currently based in Greece, who have taken an action in the Irish courts against the European Council, EU and Ireland over alleged breach of their human rights. The core claim of the families is that the EU‑Turkey deal on migration agreed on March 18th by the European Council (EC) – the 28 EU Heads of State including Taoiseach Enda Kenny – allowing Greece return to Turkey "all new irregular migrants" arriving there since March 20th was made outside the powers of the EC and breaches EU law.
2015-02-19 · Ireland
In a 2015 Irish High Court ruling, Justice Marie Baker ordered Playboy Enterprises International to provide specific documentation and clarify parts of its copyright claim against the Irish entertainment website entertainment.ie. Playboy alleged that the site had posted a link to exclusive photographs of model Kate Moss, taken for the magazine's 60th anniversary edition, without permission. The judge required Playboy to answer questions about the alleged breach of copyright and to supply the defendants with the photographs used in the 60th anniversary edition, including the cover photo and 29 additional images. Playboy's objections to furnishing these images were rejected, as the judge deemed it in the interests of proper litigation and cost‑effective proceedings. The judge also ruled that other aspects of Playboy's claim—such as alleged interference with economic relations, breach of contract, and breach of trademark—did not need further particulars and were sufficient for the defendant to plead. The matter was adjourned for two weeks.
2014-12-08 · Ireland
In December 2013, Playboy Enterprises International sued Entertainment Media Networks, the operator of entertainment.ie, in the Irish High Court for copyright infringement. Playboy alleged that the website had posted a link titled "Save yourself a fiver. Here's Kate Moss' NSWF photos from Playboy" which directed readers to exclusive images of Kate Moss that were commissioned by Playboy for its 60th anniversary edition. The photographs, shot by Mert Alas and Marus Piggott, were to appear in a 60‑page spread on 10 December 2013. Playboy claimed the link was posted a week before the official release, constituting "front‑running" and destroying the exclusivity of the shoot. The defendant's counsel said the link was posted in a "lighthearted" manner and was removed shortly after being deemed inappropriate, with the link fully taken down by 23 December 2013. The case was brought as a preliminary pre‑trial motion.