Court archive
Paul Neilan The High Court
2026-07-29 · Waterford
The High Court has granted permission for the publication in a national newspaper of the names of over 300 former Christian Brothers who are now co-defendants in a civil abuse claim. These individuals are not accused of abuse but are being named in the hope that they will come forward. The case was heard by Ms Justice Mary Rose Gearty, who granted the motion brought by the plaintiff's legal team. The plaintiff was abused by Christian Brother Liam Coughlan in the 1970s while attending school in Co Kilkenny. Coughlan received two jail terms in 2023 for indecent assault. The court has previously criticized David Gibson, the current head of the Christian Brothers, for an obstructive approach towards civil lawsuits. As an unincorporated association, the Christian Brothers cannot be sued unless a nominee is provided. Gibson has refused to act as a nominee, forcing litigants to take legal action against individual members. The case is being brought by a male survivor of abuse against Coughlan and Gibson. The names of 341 individuals will be published in the Irish Independent.
2026-07-22 · Kilkenny
The High Court will decide whether to allow the media to publish the names of 340 former Christian Brothers in an effort to encourage survivors of abuse to come forward. The case was brought by a male survivor who was abused by Brother Liam Coughlan in the 1970s. Coughlan was previously jailed for 49 counts of indecent assault. The court heard that the current head of the Christian Brothers, David Gibson, has refused to act as a nominee for the congregation, making it difficult for litigants to bring legal action against the order. The plaintiff is seeking an order to compel the release of information that would help locate former members of the order. The court ordered Brother Gibson to use his powers to gather contact details for former members and adjourned the matter for a sub-service application for newspaper advertisements.
2026-05-21 · Tipperary
The High Court has ruled that a District Court judge erred in law when he refused to convict thirty-four drivers caught speeding at Clogheen, Monasterevin in County Kildare. In December 2024, Judge Andrew Cody found the facts proven but declined to record convictions, describing the 60km/h speed zone as unjust and criticising prosecutions as motivated by targets and finance rather than safety. The Director of Public Prosecutions sought judicial review of four lead cases. Mr Justice Cian Ferriter found the judge's approach unlawful, stating a court must record a conviction when facts are proven. The judge's role was to apply existing law, not to question its correctness. Mr Justice Ferriter noted the judge's comments breached fair procedures and could create reasonable apprehension of predetermination. However, none of the thirty-four drivers opposed the DPP's action. The DPP adopted a sensible approach by not requesting remittal to District Court, meaning none will receive convictions or penalty points.
2026-05-20 · Dublin
The High Court has granted a stay on a notice of dismissal against a garda convicted of assaulting his then-wife. Mr Justice Sara Phelan approved the stay, which suspends dismissal proceedings until 14 July. The garda, based in Dublin, pleaded guilty at Dublin Circuit Criminal Court in April 2025 to assault in October 2012 and received a three-month suspended sentence in January 2026. Following conviction, An Garda Síochána Commissioner issued a dismissal notice in February, citing necessity to maintain public confidence. The applicant's legal representatives challenged the dismissal through judicial review, contending the Commissioner acted unlawfully and that the circumstances did not warrant dismissal under the Policing, Security and Community Safety Act 2024. Counsel argued the garda was denied access to comparator cases and that standard disciplinary procedures remained available. The applicant, now a regular garda under suspension, was granted leave to pursue the judicial review challenge.
2026-04-21 · Ireland
The High Court has refused to order the State to intervene in the case of a father who has alleged that the Polish state "abducted" his daughter after the child's mother took her there without his consent. The man, who cannot be named, has been separated from his daughter for 750 days and described the period as "horrific and frightening". He had sought orders from the High Court directing the Irish State to assist in the location of his child in Poland and for her safe return. A court in Poland has previously ordered the child's return to Ireland and the Polish Supreme Court later dismissed an action by the Polish child ombudsman opposing that order. However, the ombudsman then filed an "extraordinary complaint" against the order, which could cause further delay to the missing child's return. The father, who represented himself, took the action against the Taoiseach, the Minister for Justice and the Minister for Foreign Affairs. The child's mother took the girl to Poland in March 2024 without his consent.
2026-04-14 · Dublin
The High Court is hearing a motion on whether the case of businessman and hotelier Noel O'Callaghan, who claims that his sons excluded him from retaking control of his business, should go to arbitration. O'Callaghan (75) stepped back from the hospitality business he built over 40 years in 2016. He claims that his sons Paul and Charles O'Callaghan, Saira Company Dublin, and subsidiary company Sherborough Development Company, have attempted to exercise control over his bloodstock business without his consent. He alleges that there was a failure to disclose that KBC was negotiating the surrender of its lease on the Archers Building, which was sold for €16.6m, constituting an alleged material non-disclosure and secret profit. O'Callaghan claims that the 2024 arbitration clause is not operative and of no legal effect as he was never told of its existence and had been misled by his sons. The arbitration motion was brought by the defendants, which they say is facilitated by a clause in the 2024 agreement. The hearing continues tomorrow in front of Mr Justice Rory Mulcahy.
2026-03-27 · Ireland
The High Court has awarded legal costs to the Coimisiún na Meán against X Internet Unlimited Company, following the platform's unsuccessful application for a stay on an ongoing investigation. Mr Justice Cian Ferriter granted the costs to the commission, represented by David Fennelly SC, after it successfully defended against X's stay request. X, represented by Neil Steen SC, had sought to quash the commission's decision to refer user complaints, made under the EU's Digital Services Act, to its internal supervisory team. The judge previously refused the stay, finding that X overstated potential prejudice and understated the public interest in the orderly operation of the complaints process under the Digital Services Act and the Broadcasting Act 2009. X argued that the investigation's continuation would cause serious harm and render its judicial review moot. However, the judge ordered costs in favour of the commission, rejecting X's argument that costs should not automatically follow given the stay issue could be revisited. The substantive judicial review, in which X claims the referral was unlawful while the commission denies this, is scheduled for a two-day hearing on July 2-3. Crucially, Mr Justice Ferriter placed a stay on the costs order itself, pending the determination of the overall proceedings in July.
2026-03-25 · Tipperary
The High Court has dismissed personal injury proceedings brought by Anne Birkinshaw against the coroner for Tipperary North, North Tipperary County Council, and the Minister for Justice and Equality. Ms Birkinshaw alleged she suffered psychological trauma due to a 36-year delay in holding an inquest into the 1975 murder of her sister, Kathleen Cashin, who was killed in Co Tipperary. Following a Central Criminal Court trial in December 1975, an individual was found guilty but insane of the murder. Ms Birkinshaw claimed the late provision of a postmortem report in 2011, which contradicted her belief that her sister died quickly, caused significant injury. The defendants applied to strike out the 2013 proceedings under court rules on delay, arguing severe prejudice as key witnesses, including the State pathologist, are deceased or unavailable. Mr Justice David Nolan noted the case involved a "leisurely approach" with "total inactivity" between 2019 and 2024. He observed that the current coroner for North Tipperary is not liable for predecessors' acts. Although acknowledging the tragic background, the judge found the case offered little realistic prospect of success and that the defence faced clear disadvantage. Consequently, the court dismissed the matter, concluding it could not be saved despite the delays.
2025-12-04 · Kerry
The High Court has approved a €2.68 million interim settlement for Jeremiah Daly, a 22-year-old man requiring full-time care following birth difficulties in 2003. Jeremiah Daly, acting through his mother, Edwina Daly, of Clogher Drive, Lixnaw, Co Kerry, had sued the HSE alleging mismanagement of his birth at Kerry General Hospital between March 22 and March 24, 2003. The plaintiffs claimed severe and prolonged foetal distress, unacceptable delays in delivery, and a failure to stop administering oxytocin. The HSE denied these allegations, contending that the obstetric care was reasonable and that cardiotocography tracings gave no cause for concern. Previous settlements included a €1.75 million payment in 2015 and a €1 million payment in 2021 for future care. At today's hearing, John Lucey SC informed Mr Justice Paul Coffey that a further €2.68 million interim settlement was agreed for Mr Daly's care over the next ten years. Mr Justice Coffey approved the settlement, commended Edwina Daly for her care, and wished the family well. The matter was adjourned to December 12, 2035.
2025-11-07 · Westmeath
The High Court has ruled that the fast-tracked process used to establish an International Protection Accommodation Service centre in Athlone was flawed, but a four-month stay has been placed on the final order. The court has ordered that, following the stay, the site will be considered 'unauthorised development'. Aoife Carroll SC, representing the State, informed Ms Justice Emily Farrell that the proposed centre, which was intended to house up to 1,000 asylum seekers, is currently vacant and that a stay is being sought to allow time for remedial legislation. The legal challenge was brought by Westmeath Independent Ireland councillor Paul Hogan and four other local representatives, who argued that the minister failed to adequately screen the project for environmental impacts and lacked the necessary expertise to conduct such assessments in an expedited manner. The State conceded the legal challenge and requested a stay on the order quashing the use of the statutory instrument used to fast-track the facility. Ms Justice Farrell awarded costs to Cllr Hogan's side up until July 25 last. A bill is expected to be presented to cabinet in the coming weeks to address the error in the statutory instrument. The matter remains under consideration, with the stay in place for four months.
2025-11-03 · Cork
The High Court has agreed to hear a judicial review brought by Angela Redic, who claims a State "cover up" in the death of her 25‑year‑old daughter, Mary. Redic says the inquest into Mary's death, found in her Cork apartment in September 2024, was not conducted lawfully and that she is entitled to documents withheld by the State. She is suing the Commissioner of An Garda Síochána, Cork City Coroner, Cork City Council, Sophia Housing Association and Cantillons Solicitors. Redic argues the coroner's short inquest in May was based on unverified facts and that Gardaí were negligent. The case will be heard over two days, with a hearing set for December 4, 2025.
2025-10-14 · Dublin
The High Court has granted leave for an ex parte application by a 16-year-old, acting through his father, to challenge a July 2025 Dublin District Court sentence. The teenager was sentenced to a fully suspended three-month prison term after the District Court judge stated he was precluded from imposing a Probation Residential Supervision Order (PRSO) due to the absence of available hostel residences for minors. The applicant seeks to quash the sentence as allegedly unlawful, arguing that the judge's discretion was fettered by the State's failure to provide certified hostels under Section 126 of the Children Act 2001. The action is brought against the District Court judge, the Director of Public Prosecutions, the Minister for Justice, Ireland, and the Attorney General. It demands a declaration that the State failed to protect the boy's constitutional rights and comply with statutory obligations, and requests details on available hostel capacity. The boy, who has faced multiple charges including drug offences and theft since 2023, is alleged to have been eligible for a PRSO but was denied one because no suitable premises existed. Ms Justice Mary Rose Gearty granted leave for the application and adjourned the matter to November.
2025-07-24 · Tipperary
In a High Court hearing on 24 July 2025, the court considered a deleted text message sent by Alexandra McCullough, sister of Richard Thomson‑Moore, which criticised American tycoon Maurice Regan and praised John Magnier as "savvy" and "decent". The message, sent to auctioneer John Stokes on 10 September 2023, described the competition for the 751‑acre Barne estate in Tipperary as a "full on war" and alleged Regan had "thrown a tantrum" over the sale. McCullough said she deleted the message because she feared the disparaging remarks about Regan would become public if the trustees accepted Regan's higher offer. The court heard that McCullough had also received a €50,000 cash gift from Magnier, which she later returned, and that she felt uncomfortable with the cash offer. The case involves Magnier's claim that he had a €15 million hand‑shake agreement with Thomson‑Moore for the estate, a claim the Barne defendants deny.
2025-06-05 · Tipperary
In a High Court hearing on 5 June 2025, it was revealed that JP Magnier, son of billionaire John Magnier, handed two brown envelopes containing €50,000 in cash to an estate agent involved in a failed €15 million sale of Barne Estate in County Tipperary. The money was described by JP as an "appreciation" for allowing the Magnier side access to the land and for the estate's alleged financial difficulties. JP claimed his father had instructed him to deliver the cash on 8 September 2023, and that the envelopes were to be passed to the Thomson‑Moore family, the trustees of the estate. The estate agent reportedly pushed the envelopes to JP on 11 September, citing concerns that the farm manager might have seen the original transaction. The case, which also involves an exclusivity agreement and a dispute over a reneged sale, is set to resume in two weeks before Mr Justice Max Barrett.