In a High Court decision on 19 July 2016, the court dismissed a damages claim brought by John Cash, represented by his mother Mary, against Fingal County Council. The claim alleged that the council was negligent because it failed to cover an uncovered manhole on Old Ashbourne Road, Co. Dublin, where a five‑year‑old boy, John, had fallen on 20 April 2010, sustaining serious injuries including a fractured left arm that required surgery. The council denied negligence, arguing that medical accounts of the incident varied and that evidence was inconsistent. The judge, Mr Justice Paul McDermott, found that while the boy had indeed suffered serious injuries, the claim of council negligence was not proven on the balance of probabilities. The court dismissed the appeal, awarded the council its costs, and made no orders regarding the Circuit Court's costs. The case was previously dismissed by the Dublin Circuit Civil Court.
In a High Court hearing on 18 July 2016, Mr Justice Raymond Fullam temporarily extended the bankruptcy of retired solicitor Brian O'Donnell and his wife Mary Patricia, which was due to end later that month. The extension was sought by Official Assignee Mr Chris Lehane on grounds of alleged non‑cooperation, including the couple's failure to file a statement of affairs until two‑and‑a‑half years after their 2013 adjudication. O'Donnell and his wife, who is seriously ill, denied the allegations and opposed the extension. They argued that the bankruptcy had already lasted about six years and that an extension would be unfair. The court noted that the maximum extension could be five years and that the matter would be heard as soon as possible, with the next hearing expected in October.
The High Court will hear arguments on how the UK's impending exit from the EU may affect the extradition of a 78‑year‑old Irish man facing 10 alleged offences in the UK, including rape and child indecency. The man, who cannot be named for legal reasons, was arrested in October 2015 under a European Arrest Warrant and has been on bail. His barrister, Patrick Gageby SC, has moved to amend the client's grounds of objection, arguing that Brexit could undermine the fair‑trial rights that rely on the UK's continued EU membership. Justice Minister counsel Ronan Kennedy BL countered that the UK remains an EU member until Article 50 is invoked, and that speculative arguments about future status are inadmissible. Justice Donnelly allowed the motion to be considered as a preliminary issue, with the hearing scheduled for 29 July.
In a brief hearing at the High Court, Justice Caroline Costello granted a temporary order extending the bankruptcy of developer Sean Dunne. The extension was sought by Official Assignee Chris Lehane on the grounds of alleged non‑cooperation by Dunne, who was due to exit bankruptcy at the end of the month. The judge, hearing only the assignee's side, ordered the extension to last until a further court order. The application will be considered again in October when the courts resume after the summer recess. The extension is part of the maximum five‑year period that an official assignee may seek under Irish bankruptcy law. Dunne's bankruptcy, originally adjudicated in July 2013 following a default on loans of about €164 million, remains in force pending the next court hearing. The case is still pending and no further outcome has been announced.
The High Court refused to grant a summary judgment of almost €6 million against Peter Lavelle, an Irish‑based trader in the City of London. Justice Marie Baker found that Lavelle had an arguable defence and was entitled to a full hearing. The claim, brought by Stapleford Finance Ltd, concerned loans of €5.934 million that Lavelle had drawn between June 2006 and December 2007 from Anglo Irish Bank, later transferred to IBRC and then acquired by Stapleford. Lavelle, who returned to live in Ireland in 2005 and continued trading online, argued that the loans were consumer credit and that the plaintiff had failed to comply with consumer legislation, making the loans unenforceable. He also contested the interest calculation, claimed the claim was statute‑barred, and questioned Stapleford's proof of assignment.
The High Court has authorised the Minister to deport a man alleged to be the main recruiter for ISIL in Ireland. The State claims he is a key organiser and facilitator of extremist travel and recruitment. He denies any contact with senior extremist leaders, denies posing a threat to national security and denies recruiting for extremist groups. He says he was tortured in Jordan in the 1990s and fears further torture if returned. Mr Justice Richard Humphreys refused the man's applications to appeal to the Court of Appeal, to refer the case to the European Court of Human Rights, and to stay the deportation order. The judge agreed with the Minister that no exceptional point of law had been raised. The man, who has lived in Ireland since 2000 on the basis of an Irish‑citizen child, was not present at the hearing.
In a High Court case, 32‑year‑old singer Rachel Prior, known as 'Rachy P', was awarded €64,300 in damages after slipping and falling at a Dunnes Stores outlet on Henry Street, Limerick, on 6 December 2008. Prior claimed she fell onto her back after stepping onto a white liquid, suffering neck and lower‑back pain. The court found Dunnes Stores negligent, accepting expert evidence that the floor was shiny and a spill would not have been visible. The judge did not find contributory negligence and described Prior as a truthful witness. Medical evidence showed some injuries had resolved but lower‑back pain would continue. The award included legal costs, with a stay applied pending payment of €30,000 and €20,000 toward costs. Dunnes sought a stay on appeal, but Prior's lawyers opposed it as a tactic.
The High Court has dismissed the legal challenge of an unnamed man, who is alleged by the State to be the main recruiter for Isil in Ireland, aimed at preventing his deportation to Jordan. The defendant denies these accusations, rejecting claims that he facilitates extremist travel or poses a national security threat. He argued that deportation would breach Article 3 of the European Convention of Human Rights, citing past torture in Jordan during the 1990s and a real risk of future ill-treatment. The man, who has resided in Ireland since 2000, sought to set aside the deportation order and compel the Minister to process his asylum application. Mr Justice Richard Humphreys dismissed all grounds of the action, finding that the defendant failed to persuade the Minister of the veracity of his account of previous ill-treatment or the risk of future abuse. The judge determined that the Minister's decision was not unreasonable and contained no illegality in her assessment. The Minister opposed the action, rejecting arguments that she failed to properly consider the risk of torture. Following the dismissal, the judge adjourned the matter for one week to determine if the judgment will be appealed to the Court of Appeal.
Catherine Ryan, a former Deputy Head of Group Performance at Bank of Ireland, has applied to the High Court for an injunction to compel the bank to pay her salary until her case is heard. She alleges that after her appointment in September to a €177,000 role, her superior redefined her position to a lower one, marginalising her and setting her up to fail. Ryan claims the bank's decision to terminate her employment was performance‑related, but she disputes this, saying she was isolated at work and that a six‑month probation period was used to remove her. The bank denies all allegations, stating the termination was valid and performance‑based. The court, presided over by Mr Justice Paul Gilligan, has reserved judgment, with a ruling expected on Friday. The case remains an ongoing legal dispute between Ryan and Bank of Ireland.
The High Court has awarded approximately €700,000 in damages to Mary Molloy, the former owner of Bartragh Island in Killala Bay, County Mayo. Ms Justice Miriam O'Regan ruled on Friday that Ms Molloy was entitled to the damages arising from a 1996 option agreement with Sean Simon of Deerpark, Loughrea, County Roscommon, which was never completed. The island was subsequently sold to a company controlled by golfer Nick Faldo in 1997 for €1.5 million. Ms Molloy had sought to exercise her right to repurchase the property but was unable to do so after the mortgagee, Irish Nationwide Building Society, agreed to its sale. The High Court had previously found in 2003 that Ms Molloy's attempts to exercise her option had been frustrated. The assessment of damages proceeded following the withdrawal of a Supreme Court appeal and re-entry of the case in 2014. A smaller adjoining island is also to be transferred to Ms Molloy.
The High Court has ordered the extradition of Padraig O'Callaghan to Northern Ireland to serve the remainder of a custodial sentence. In April 2014, O'Callaghan, of Crossmaglen, County Armagh, was sentenced to seven years' imprisonment at Newry Crown Court after pleading guilty to sexually assaulting a 23-year-old woman in Newry on December 11, 2011. He also faced charges of false imprisonment and robbery, for which he has already served time. Counsel for the Minister of Justice and Equality stated that O'Callaghan is sought solely for the rape offence, with three years and ninety days remaining on his sentence. O'Callaghan, who was arrested in May 2016, testified that he had received legal advice and consented to his surrender. Ms Justice Aileen Donnelly confirmed his awareness of the consequences of serving his sentence under Northern Irish conditions. The judge ordered that O'Callaghan be detained for a period not exceeding twenty days to facilitate the extradition. An application for legal aid was subsequently granted.
The High Court directed the Doyle family to vacate a vacant council house at Casey Court, Kenagh, Co Longford, which they occupied without permission. Longford County Council secured orders against John Paul Doyle, his wife Frances, and their children after the family refused alternative accommodation offered just outside Longford. Mr. Doyle alleged the proposed four-bedroom house was unsuitable due to its proximity to a busy road and a garage, and claimed the family was treated differently because they are members of the Traveller Community. Counsel for the Council rejected these allegations, stating the Kenagh house could not be offered under housing guidelines. Mr. Justice Paul Gilligan acknowledged the family's admission that they had no right to occupy the Kenagh property but urged them to reconsider the council's offer. The case was adjourned for an hour. Upon resumption, the Doyles maintained their refusal, with Mrs. Doyle citing safety concerns and Mr. Doyle stating he was prepared to face imprisonment to secure housing. The judge imposed an eight-week stay on the order, hoping for a negotiated accommodation arrangement. Mr. Doyle indicated he may appeal the decision. The family, who have been on the housing list for two years, remain unrepresented.
The High Court confirmed the appointment of Mr Kieran Wallace of KPMG as interim examiner for Debenhams Retail (Ireland) Ltd (DRIL). DRIL, which employs over 1,400 staff directly and 800 staff in concessions and cosmetics across 11 stores, has been seeking examinership after sustained losses since the 2007 recession and the withdrawal of support from its UK parent, Debenhams Retail plc. The court noted that DRIL has a reasonable prospect of survival if it follows a scheme of arrangement approved by the High Court, which would involve court protection and cost reductions, particularly rent, which the company claims are above market rates. Mr Wallace has up to 100 days to propose a scheme of arrangement with creditors. No objections were raised to the application, though Dooroy Ltd, landlords of DRIL's Dublin and Cork stores, expressed concerns that the parent company should be involved in the process.
The High Court has dismissed an action brought by the North East Pylon Pressure Campaign seeking to halt an oral hearing into EirGrid's application to construct approximately 300 pylons for the proposed North-South electricity interconnector. Mr Justice Richard Humphreys refused permission for the challenge on Thursday, finding that intermediate steps in planning processes should be allowed to proceed to conclusion. The group, representing nearly 200 landowners across Cavan, Meath and Monaghan, opposed the application on grounds including health and environmental concerns. It had also challenged the validity of EirGrid's application under Strategic Infrastructure Development legislation and raised difficulties regarding Environmental Impact and Natura Impact Statements. The judge stated that permitting challenges at each stage risked unnecessary disruption and multiplication of judicial review proceedings. He noted the group could pursue further challenges following An Bord Pleanála's final decision on the application. The oral hearing commenced in Carrickmacross in March. EirGrid contends the second interconnector is necessary to ensure adequate power flow between the two jurisdictions.
The High Court ordered the extradition of Simeon Cosmo Langford, a 33‑year‑old from Bristol, to the UK on four charges: attempted murder, grievous bodily harm, theft and alleged breach of release conditions after a prior conviction for grievous bodily harm. A European Arrest Warrant issued in August 2015 led to his arrest in Cork in August 2015. Langford was released on licence on 6 May 2015 and is alleged to have committed the offences between 2 and 11 June 2015, after which he allegedly absconded and travelled to Ireland on 13 June 2015 using a passport under the name Luke Gillespie. His barrister submitted an affidavit alleging ill treatment in UK prisons, but the judge found no evidence of inhuman or degrading treatment and rejected the appeal. The court therefore ordered his surrender to the UK, refusing leave to appeal. The decision was delivered by Justice Aileen Donnelly.
The High Court has dismissed an application by boatman Sean Feehan to land passengers at Skellig Michael pending the determination of his legal action against the Office of Public Works (OPW). Mr Feehan, of Dunegan, Ballinskelligs, challenged the OPW's revocation of his permits, which followed his guilty plea in September 2015 at Cahirciveen District Court to three offences under the Merchant Shipping Act. He was fined €850 for operating a vessel dangerously, without an appropriate license, and failing to ensure the master was qualified. Although Mr Feehan secured temporary injunctions preventing the OPW from issuing replacement permits to others, Mr Justice Tony O'Connor refused to extend these measures or allow Mr Feehan to continue landing passengers. The judge ruled that Mr Feehan had not made out a strong case likely to succeed at the full hearing and determined that damages would be an adequate remedy. The court emphasized that visitor safety to the UNESCO world heritage site outweighed any potential reputational damage to Mr Feehan. The OPW denied the claims of unfairness and unlawfulness, citing safety concerns. The matter was adjourned and will return before the court in a month's time to proceed to a full hearing.
The High Court dismissed a convicted rapist's constitutional challenge to a law that bars prisoners over 65 from receiving the State pension while serving custodial sentences. The man, serving a 12‑year sentence for raping and sexually assaulting his daughter, was disqualified from the €230‑per‑week pension after his 75‑year‑old conviction. He argued that the disqualification amounted to an extra‑judicial punishment and breached the Irish Constitution and the European Convention on Human Rights. Mr Justice Donald Binchy rejected these claims, stating that the right to pension is a statutory entitlement subject to eligibility conditions set by the Oireachtas. He held that Section 249.1 merely suspends payment when a person is imprisoned, a rational measure to prevent the individual from accumulating a lump sum while the State maintains them. The case was adjourned for further consideration.
The High Court dismissed a challenge by a convicted Irish sex offender to a refusal by the Minister for Justice to transfer him from the UK to an Irish prison. The offender, an Irish national who had lived in the UK for over 20 years, was convicted in 2009 of rape and other sexual offences against his daughter and step‑daughter, and received a life sentence with a minimum of eight years on one rape count and six years concurrently on the other counts. He applied for transfer in 2011, but the Minister denied it in December 2010, citing the offender's continued denial of the offences and the incompatibility of the English sentence with the Irish system. The judge found no arguable case that the Minister's decision was wrong and dismissed the application. The offender, aged in his forties, remains subject to a deportation order upon release.
The High Court will decide on Friday whether to extend an injunction that prevented disruption of an auction of 1,000 cows and calves belonging to Peter and Tracey Kingston of Craden Hill Farm, Kinsale. The injunction was granted by the Cork County Sheriff, Solicitor Sinead McNamara, after concerns that members of the Land League and New Land League, including spokesman Jerry Beades, might interfere with the sale. The auction took place on 12 April and the cattle were sold, but two bidders failed to pay, raising the possibility of resale. McNamara seeks further orders to protect the collection of animals from the farm and to prevent bidding that could frustrate the sale. Beades, representing himself, disputed the injunction's validity, claiming no connection to the Kingstons and that the protest was peaceful. During the hearing, heated exchanges occurred between Beades and Judge Gilligan, who warned that further derogatory remarks would result in his removal from the court.
The High Court has set aside a decision on whether to extradite a 43‑year‑old man to Scotland on sexual assault charges. The man, who is currently on bail, is alleged to have sexually assaulted four complainants aged five to 13 between 17 and 27 years ago. The Minister of Justice and Equality, Mr Tony McGillicuddy, told the court that the accused was arrested on a European arrest warrant on 2 January and that five offences of sexual assault are alleged between 1989 and 1998, each carrying a maximum penalty of life imprisonment. Defence counsel, Mr John Ferry, argued that his client had lived peacefully in Ireland for many years, had no knowledge of the allegations until his arrest, and was under‑age at the time of the alleged offences. Mr Ferry highlighted a delay in reporting the offences to Scottish authorities and expressed concern about the timing of the case.
The High Court dismissed a challenge to An Bord Pleanala's refusal to grant planning permission for a 9‑screen cinema, café and retail units in Navan, Co. Meath. The developers had secured permission from Meath County Council for a 1.58‑hectare site adjacent to Dan Shaw Road, including a car park. An Bord Pleanala had refused the permission in July, citing that the development would not consolidate the town centre, would be premature and remote, and conflicted with the Navan Town Development Plan and the county's Development Plan. The developer argued the refusal was based on an inspector's report that mistakenly linked the site to a proposed Central Rail Station, a project with no confirmed delivery date or requirement in the development plan. The court found the board had correctly interpreted the plan and that the refusal was reasonable and consistent with the plan, so the challenge was dismissed.
The High Court granted an injunction to stop any interference with the auction of 1,000 cattle belonging to Peter and Tracey Kingston, winners of RTE's 'Ireland's Fittest Family'. The auction, scheduled for Tuesday morning at the Kingston farm in Cradenhill, Nohoval, Co. Cork, was threatened by the Land League and the New Land League, whose spokesman Mr Jerry Beades had posted on Facebook indicating an intention to disrupt the sale. The Sheriff of County Cork, Sinead McNamara, sought the injunction after attempts to secure an undertaking from Mr Beades failed. Mr Justice Paul Gilligan ordered that members of the two groups and Mr Beades could not interfere with or attend the auction from midnight on Monday for several days. The injunction, made ex‑parte, is returnable next week and may be applied for on 24‑hour notice. The order also applies to anyone with knowledge of it.
In a 2016 High Court decision, Mr Justice Max Barrett ruled that AIB Mortgage Bank could not obtain summary judgment against Dr Samuel Van Eeden and his wife Zelda over the balance of a €1.65 million loan. The bank had sought summary judgment after the couple allegedly failed to repay a loan used to purchase a property in Malahide in 2007, which was secured by a mortgage. AIB claimed the couple defaulted in August 2008, and after the bank obtained possession in 2010 and sold the property for €305 k in 2012, it issued a summary summons in May 2015 for the remaining balance. The Van Eedens argued the matter should be heard in full, citing a six‑year limitation period that had expired in 2014 and a structural defect that reduced the property's value by 83 %.
The High Court has reserved its judgment in a deportation challenge brought by an unidentified man alleged to be involved with Islamic State (ISIL) extremists. The respondent, who has resided in Ireland since 2000, denies State claims that he consulted with senior violent extremist leaders, poses a national security threat, or recruited for ISIL. He argues that deportation to Jordan would breach Article 3 of the European Convention on Human Rights due to a risk of torture, citing past abuse in the 1990s. The State, represented by Conor Power SC, opposed the action, asserting that the Minister properly considered all evidence before issuing the deportation order. Power highlighted inconsistencies in the man's asylum applications, noting he did not mention torture in his 2000 application and had subsequently sought consular assistance from Jordan. The man's counsel, David Leonard BL, argued that Jordan's treatment of suspected extremists and the interrogation of the man's family members demonstrated a credible risk. Following a four-day hearing, Mr Justice Richard Humphreys reserved his decision on Friday. The judge indicated he hopes to deliver the judgment soon, and the matter is scheduled to be mentioned before him in April.
The High Court rejected a request to extradite a 34‑year‑old father‑of‑five to the UK to face two sex‑abuse charges dating from 1994. The man, who cannot be named, was alleged to have sexually assaulted a six‑year‑old girl when he was thirteen. Mr Justice Tony Hunt noted a significant delay between the complaint and prosecution, rejecting the UK authorities' explanation of an administrative delay. He said this diluted the public interest in extradition. The man remains on continuing bail until March 16, when he will be discharged.
The High Court approved an interim payment of €4.1 million to Andrew Whelan, a 22‑year‑old man with cerebral palsy, as part of a settlement in a medical negligence action. The claim, brought by Mrs Angela Whelan on Andrew's behalf, alleged that a delay in his delivery on 5 August 1993 at Portlaoise General Hospital caused his injuries. The settlement covers Andrew's ongoing care, aids and appliances for the next ten years and includes his legal costs. The court, presided over by Justice Anthony Barr, agreed to adjourn the matter until February 2026. Mrs Whelan stated that while the money cannot repair Andrew's brain or enable him to walk, it will improve his quality of life and ease the family's concerns about his future care. The settlement was reached with the HSE and Dr John Patrick Corristine, who were found negligent for the delay and failure to respond to signs of foetal distress.
The High Court refused to order discovery of documents relating to the security status of Simeon Cosmo Langford, a 32‑year‑old British man wanted in England on charges of attempted murder, grievous bodily harm, theft and assault. Langford, who is also alleged to have breached the conditions of his release from a previous grievous bodily harm sentence, was released on licence on 6 May 2015 and is accused of committing offences between 2 and 11 June 2015. He allegedly fled and travelled to Ireland on 13 June 2015 using a passport under the name Luke Gillespie. Gardaí arrested him in Cork in August 2015 and he was brought before the High Court. In the present hearing, counsel Ronan Munro BL sought documents about Langford's prison conditions in England, citing complaints of inhumane treatment. Justice Aileen Donnelly declined the request, stating that Langford had not provided sufficient evidence that the documents were necessary for the court's functions.
In a 2016 High Court decision, Justice Peter Kelly denied the Reinstate 48 Initiative (R48) an injunction, allowing Dublin City Council to remove six posters it had placed around the city. The judge found the posters, which promoted a constitutional amendment to restore Article 48 and enable referendums with 75,000 signatures, did not violate electoral law because they did not mention the election, candidates, or constituencies, nor did they exhort voters to support any party. R48's chairman, Stephen Mulcahy, argued the posters were exempt and relevant to the upcoming general election, seeking declarations that the removal was unlawful and breached the Constitution and the European Convention on Human Rights. The court ruled the posters were not election‑related, permitting their removal, and adjourned the full hearing to allow the council to prepare its defence. The case involved €30,000 spent on the posters and a social media campaign, with over 30 candidates pledging support for R48.
The High Court has dismissed an application by Gayle Dunne to cross-examine a US lawyer as part of her bid to halt Irish proceedings against her. The proceedings, brought by Chris Lehane, the official administering Sean Dunne's Irish bankruptcy, arise over alleged invalid transfers of assets to Ms. Dunne, including a South African hotel valued at over €18m. Ms. Dunne, who resides in Connecticut, sought to have the Irish action discontinued, arguing the transfers are already subject to US bankruptcy proceedings where Mr. Dunne was adjudicated bankrupt in 2013. In a preliminary motion, she requested permission to cross-examine Timothy Miltenberger, the lawyer for the US Bankruptcy Trustee. Mr. Lehane opposed this, seeking a reciprocal order to test the evidence of Ms. Dunne's US lawyer, Alec Ostrow. Justice Caroline Costello ruled that cross-examining Mr. Miltenberger was not necessary. Consequently, the application to cross-examine Mr. Ostrow did not arise. The judge adjourned the matter to a date later this month. The case concerns alleged agreements from 2005 and 2008 regarding assets in South Africa, Dublin, and Co. Wicklow. Mr. Lehane claims these agreements have no legal status, while Ms. Dunne asserts they were compensation for starting a family and her career sacrifices. The matter remains ongoing following the adjournment.
The High Court has allowed a man, whose name cannot be disclosed, to be tried for sexually abusing three teenagers at a children's home run by a religious order more than 40 years ago. He had previously sought to halt his prosecution on the charges brought by two female complainants, but the High Court rejected his application to prohibit the trial. The man had been charged with offences alleged to have occurred between the late 1960s and 1974 for one complainant, and between 1974 and 1977 for another, but the dates were later changed to 1974‑1975 and 1977 respectively. No changes were made for the third complainant. During the trial, his lawyers applied for rulings that the female complainants' evidence be excluded or that the indictment be amended to match the evidence, but the judge refused. The jury was discharged and a new trial date was set.
The High Court refused to allow a GAA coach to challenge a 2013 finding by the Child and Family Agency (CFA) that he poses a risk to children. The coach, who cannot be named, had previously sought to overturn the CFA's decision after an investigation into an allegation that he sexually abused a girl aged six to sixteen. He denied the claims and appealed the finding, but the appeal has not yet been heard. In December he initiated High Court proceedings, arguing that the investigation process was fundamentally flawed and that the finding would damage his reputation. The court rejected his application for judicial review, citing the lack of a sworn statement from the coach himself and the requirement that such statements be made personally. The judge noted that the case is nearly three and a half years old and that the CFA has not taken steps to mitigate any risks. The coach had voluntarily stopped coaching underage players.
In February 2016 the High Court approved an interim payment of €3 million as a settlement in a claim brought by the parents of 11‑year‑old Mohammad Daud Assad, who suffers severe brain damage and cerebral palsy. The boy's mother, Mrs Alia Muryem Assad, sued the Governors and Guardians of the Rotunda Hospital for negligence in the circumstances of his birth on 20 February 2004. The claim alleged that a delay in performing a caesarean section caused the injuries that left Mohammad unable to speak, with ongoing care needs and specialised equipment. The settlement, agreed by counsel for both parties, includes the €3 million interim payment and covers past and future care costs, housing, equipment and music therapy. Justice Kevin Cross approved the award and adjourned the case for six years, with a reassessment of the boy's needs when the case returns in 2022.
The High Court rejected Italy's request to extradite Aisha Ahmed, a mother of six, who was arrested in 2014 under a European Arrest Warrant. The warrant alleged that Ahmed, also known as Gloria Anwulika Aro, acted as promoter, leader and organiser of an association that imported, sold, distributed and traded large quantities of cocaine in Italy between 1999 and 2000. She was convicted in absentia in 2005 and sentenced by the Court of Naples to 20 years in prison. During hearings, Ahmed first claimed mistaken identity, giving the name Gloria Aro and a December 1967 birth date, and supplied an Irish passport. She later admitted the name on the warrant was hers. In October, her lawyers argued she had not been properly notified of a scheduled trial, and the notice served on her defence lawyer did not meet extradition requirements.
The High Court has allowed a prosecution to proceed against a man accused of sexually assaulting another man in an elevator. The accused, who denies the allegation, had sought an order to halt the trial because he claimed that video evidence of the alleged assault had been destroyed, which he said was prejudicial. The Director of Public Prosecutions opposed the application, arguing the case should go ahead before the District Court. The alleged assault took place in January 2013 in the elevator of an apartment block where both men lived. The accused allegedly asked a question about men with "big cars" and then grabbed the other man's crotch, squeezing his testicles. The complainant, who was believed to be intoxicated, later followed the accused to his apartment. Both parties took photos and videos on their phones, but the accused claimed the images were deleted in the presence of a Garda.
The High Court, on 29 January 2016, appointed Neil Hughes and Joseph Walsh of Hughes Blake as joint provisional liquidators for Innovation Enterprises Ltd, a Cork-based chemical manufacturing firm employing 31 people. The appointment followed a request from Ross Gorman Bl, who argued the company was "hopelessly" insolvent after its Swiss parent, Orphee SA, withdrew support. Innovation Enterprises, which produces and sells 200 chemical reagents to hospitals, laboratories and other businesses, had been loss‑making and could not meet its debt obligations or pay its wage bill due at the end of the month. Counsel noted the firm had failed to secure additional investment and that the provisional liquidators were required to preserve assets and monitor hazardous chemicals that must be stored at specific temperatures to remain usable. The case is scheduled to return to the court in February.
The High Court appointed Mr Michael McAteer of Grant Thornton Ireland as provisional liquidator for Xtra‑Vision Entertainment Ltd and Xtra‑Vision Ireland Ltd, following a petition by Oxtermont Ltd, part of Hilco Capital. Mr Justice Paul Gilligan confirmed the appointment after learning the firms were insolvent and could not meet debts as they fell due. The companies operate over 80 outlets across the Republic and Northern Ireland and employ 583 full‑time and part‑time staff. The court noted the bulk of these jobs are likely to be lost, though some positions may be retained at related companies such as the HMV chain. Xtra‑Vision's owners cited a significant decline in revenues—over €12.4 million in 2015—and a €2.5 million loss, attributing the downturn to the decline of the movie‑rental market, increased online streaming, and piracy.
The High Court in Ireland has ordered the surrender of an unnamed man to the United Kingdom for extradition under a European Arrest Warrant. The man was arrested last year on the warrant, which was issued by British authorities. He faces charges of sexual assault by penetration, sexual assault and assault causing harm to a woman, alleged to have occurred at a house in Swindon, Wiltshire, during the night of December 20th and early morning of December 21st, 2013. If convicted, he could face a life sentence. Ms Justice Aileen Donnelly, hearing the case, found no valid objection to the extradition and made the order, which will take effect after fifteen days. The man, who was on bail, applied for continued bail until the order takes effect. He is a native of Ireland who had lived in England for twelve years at the time of the alleged offences.
The High Court has provisionally fixed March 1st as the hearing date for proceedings brought by an unnamed man, who is allegedly involved with Islamic extremists, aimed at preventing his deportation from Ireland. The man, who cannot be identified for legal reasons, challenges a decision taken last March not to renew his residency permit. The State claims the man has consulted with senior violent extremist leaders outside Ireland and made travel arrangements for, and is involved in, recruiting members for Islamic extremist group Isil. He denies acting on behalf of Isil or representing a threat to national security. The man, who has lived in Ireland since 2000, secured residency based on the birth of his Irish citizen son, now aged 15. His permit was not renewed because his son has been living overseas. Authorities intend to deport him to a Middle East Country, where he fears torture due to his political activism. The matter was briefly mentioned before the High Court registrar, where the State sought an accelerated hearing. Michael Lynn SC, for the man, agreed to priority. The case is expected to take two days. It was agreed the State's opposition would be provided within three weeks. Previously, the man obtained a temporary injunction in December, which was set aside on December 28th after the State claimed he posed a national security risk. That decision was appealed to the Court of Appeal. Plans to deport him were put on hold following an intervention by the European Court of Human Rights, which asked the State not to deport him until his legal proceedings are concluded. The central issue is whether Article 3 of the European Convention on Human Rights imposes an absolute ban on removal. The State argues exceptions exist allowing deportation before the case is heard. As a result of the European Court's request, the man is expected to remain in Ireland until his proceedings are dealt with.
In a 2016 High Court decision, Mr Justice Paul Gilligan dismissed Mr Stephen Tennant's application to impose five‑year restriction orders on Andiamo Properties directors Seamus Ross and Michael Keogh. Tennant, acting as liquidator, alleged the directors had acted irresponsibly over a €2.9 million VAT claim. The judge found no circumstances justifying the orders, noting the directors had acted responsibly and honestly. Ross and Keogh had served as directors from 2001 until liquidation in 2013, and the company had not traded for four years before its liquidation. The VAT liability stemmed from land deals treated as exempt; the assessment was upheld in 2010 and the company's appeal was dismissed in 2012. Tennant claimed dividends paid in 2007 and 2009 had stripped the company of assets needed to satisfy Revenue. The directors maintained they had relied on professional advice and believed the VAT dispute would be resolved in their favour.
In a 2015 High Court ruling, Mr Justice Raymond Fullam declared a 2‑litre VW Golf bought in 2014 for €17,000 and €6,000 in a Dundrum Credit Union account belonging to Thomas Connors to be proceeds of crime. Connors, a married man in his mid‑thirties, had purchased the car under a fictitious name and only sought to register it in his own name after Gardai seized it. CAB presented evidence that Connors was involved in multiple burglaries across South Dublin, Kildare and Meath, and that he had not worked between 2001 and 2013, receiving social welfare. A financial expert noted that €279,000 had been deposited into several of Connors' accounts between 2000 and 2015, mainly in 2008 and 2009, and could not be explained. Connors did not appear in court or submit a defence.
The High Court will decide later whether to allow a GAA coach to challenge a 2013 finding by the Child and Family Agency (CFA) that he poses a risk to children. The coach, who cannot be named for legal reasons, denies allegations that he sexually abused a girl aged six to sixteen and has appealed the CFA's finding. He has stopped coaching minors voluntarily and argues the investigation was fundamentally flawed, citing that a social worker did not interview the complainant and that the CFA failed to disclose full information. The coach seeks to have the CFA's finding quashed and to halt further investigation into the complaints. The CFA maintains that the appeal should proceed and that it would inform relevant third parties of a risk finding even after an appeal. Judge Richard Humphreys has reserved his decision on the application.
The High Court granted orders to remove fraudulent filings made with the Companies Registration Office concerning Crean Solutions Ltd, trading as MicksGarage.com. The filings, lodged in early November without the company's consent, listed a 'Jason Carville' as a director, omitted an existing director, and changed the registered address. The company's counsel, Stephen Dowling, told Justice Paul Gilligan that the signatures on the documents were forged and that the filings were an attempt by an unknown party to impersonate the company. The company also received invoices for goods it did not purchase, including one for £22,000. Gardai investigated and found the address listed in the filings was a vacant property and that Jason Carville does not exist. Justice Gilligan ordered the CRO to delete the filings and warned that if the filers are identified, the company could seek an order for their legal costs.
The High Court has dismissed an application by Edel Grace, Grouse Hall Milestone, and Peter Sweetman to refer a planning dispute to the Courts of Justice of the European Union. The applicants, who challenged An Bord Pleanála's decision to grant planning permission for a 16-turbine windfarm at Keeper Hill in County Tipperary, also sought leave to appeal to the Court of Appeal. They alleged the permission breached the EU Habitats Directive and the Environment Impact Assessment Directive, claiming the development would destroy hen harrier habitat and detract from protected views. Mr Justice Raymond Fullam had previously rejected these claims in an October judgment, dismissing the action against the Board. In his ruling on the appeal application, Mr Justice Fullam refused leave to appeal, stating that no issue of exceptional public interest requiring clarification by the Court of Appeal was raised. He further ruled that the court lacked jurisdiction to refer questions of law to the EU courts after judgment had been delivered, noting Supreme Court precedent that such referrals must occur before judgment. The applicants had sought to quash the ten-year permission granted to ESB Wind Development and Coillte. The Department of Arts, Heritage and the Gaeltacht and ESB Wind Development Ltd were notice parties. The High Court determined that under the 2000 Planning and Development Act, its decision is final unless exceptional public interest issues are present, which it found were not.
The High Court will decide in the New Year on the United States' extradition request for Gary Davis, a 27‑year‑old Wicklow man alleged to have been an administrator of the Silk Road website. Davis faces US charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering, which could carry a life sentence if he is convicted. He argues that extradition would expose him to inhuman and degrading conditions, citing his Asperger's Syndrome and depression. The State insists he should be surrendered. The court heard a sworn statement from UN Special Rapporteur on Torture Professor Juan Mendez, who expressed concerns about the Metropolitan Correctional Centre in New York where Davis would likely be held. Mendez's concerns focus on the impact of isolation on Davis's mental health.
The High Court has ruled that Adam Grant, a 24-year-old from Silverbridge, Co Armagh, is being legally detained. Mr Justice Richard Humphreys dismissed Mr Grant's challenge to the legality of his detention under Article 40 of the Constitution. Mr Grant was remanded in custody to Cloverhill Prison by District Justice Denis McLoughlin at Monaghan District Court following his arrest. He is charged with causing £12,000 worth of criminal damage to an ATM containing £52,000 and possession of stolen property. The case arose after Justice McLoughlin refused bail, citing that Mr Grant was considered a flight risk by the Gardaí. Mr Grant's counsel, Colman Fitzgerald SC, argued that the District Judge failed to apply the correct Supreme Court criteria for bail refusal. However, Kieran Kelly BL, representing the State, contended that the detention was lawful and that the appropriate remedy for any errors was to apply for bail in the High Court or seek judicial review, rather than an Article 40 inquiry. Justice Humphreys agreed, stating that the inquiry was dismissed because the correct procedural avenues were not pursued. The judge further noted that any minor errors in the detention warrant did not affect the validity of Mr Grant's current custody. The matter was concluded with the court upholding the lawfulness of the detention.
In a High Court decision on 24 November 2015, Mr Owen Traynor, a 72‑year‑old former Guinness employee, was allowed to proceed with a claim against Guinness UDV Ireland over alleged breaches of verbal assurances regarding his redundancy package and pension. Traynor, who had worked for Guinness for 35 years and accepted voluntary redundancy in 2002, contended that a letter received weeks later contradicted the assurances he had been given. Guinness denied the allegations and filed a full defence. The court noted that solicitors were engaged in 2003, a statement of claim was served in 2007, and a notice of trial in 2012. Guinness sought to strike the action on the grounds of delay, claiming an inexcusable and inordinate delay that breached Article 6 of the European Convention on Human Rights. Judge Max Barrett, after applying the relevant legal tests, concluded that the delay could not be characterised as inordinate or inexcusable.
The High Court heard a claim that Denis O'Brien's Esat Digifone consortium won a 1996 mobile phone licence by bribing Minister Michael Lowry. The claim is funded by Persona Digital Telephony, Sigma Wireless Networks and Harbour Litigation Funding. The State argues the funding arrangement breaches champerty law, which forbids unrelated third parties from financing litigation to profit from a win. Mr Michael Collins SC, representing Persona, said champerty is a medieval rule that no longer applies and that the funding does not undermine judicial integrity. The plaintiffs seek damages for alleged misfeasance in public office, breach of duty, contract, legitimate expectations, constitutional rights, EU law and a declaration that the 1996 Regulations contravene EU law. The case is before Ms Justice Aileen Donnelly tomorrow.
The High Court, on 13 November 2015, imposed a five‑year conditional restriction order on TV presenter Glenda Gilson and an eight‑year disqualification order on her brother Damien Gilson under the Companies Acts. The orders arose from their involvement with Gilson Motor Company Ltd, which traded high‑value vehicles and operated a car‑parking and valeting service in Dublin. Liquidator Mr Gary Lennon sought to disqualify Damien and restrict Glenda from acting as a company director unless the company had a paid‑up share capital of at least €63,000. Glenda argued she had no role in the business and received no benefit, while Damien did not contest the application. The judge accepted that Glenda had played no active role, acted honestly, but had a "want of proper standards" by not keeping herself informed of the company's affairs. Consequently, the court imposed the five‑year restriction on Glenda and the eight‑year disqualification on Damien.
The High Court has opened an inquiry into the legality of the detention of professional boxer Jamie Kavanagh, who is charged with violent disorder following his father's funeral in Dublin last year. The alleged incident occurred outside a Hotel at Harcourt Street in Dublin city‑centre on 23 September 2014 when it is alleged door staff at a hotel allegedly refused entry to a group of people including Mr Kavanagh. The 25‑year‑old lightweight, from Mourne Road, Drimnagh, in Dublin but who is now living in London, had been in Ireland for a fight that took place last Saturday. He was arrested at Dublin Airport on Monday evening before he was due to return to London. Mr Kavanagh appeared before Dublin District Court on Tuesday. He was refused bail by Judge Michael Walsh.
A 24-year-old man from County Armagh has sought a High Court inquiry into the lawfulness of his detention following charges related to an ATM incident in Inniskeen, County Monaghan. The accused was remanded in custody to Cloverhill Prison after appearing before Monaghan District Court, where an application for bail was refused. He faces charges of criminal damage to an ATM and possession of stolen property. His legal representatives contended before the High Court that the District Court did not apply the correct legal criteria established by the Supreme Court when deciding to refuse bail. Mr Justice Richard Humphreys opened the Article 40 inquiry on Monday. Following discussions between counsel for the accused and the State, the inquiry was adjourned to Wednesday afternoon to allow the State additional time to respond to the claims raised.