In a High Court judicial review, trainer Tony Martin seeks to overturn a three‑month suspension imposed by the Irish Horse Racing Regulatory Board (IHRB) for breaching anti‑doping rules. The suspension, set to take effect tomorrow, follows an Appeals Panel decision that reduced his original six‑month licence suspension to three months. Martin argues the appeal was conducted unlawfully because the IHRB used a barrister not qualified to practise in Ireland, violating the 2015 Legal Services Regulation Act. He requests a stay of the suspension pending the review and an order quashing the penalty. The IHRB, represented by Ronan Kennedy SC, denies the claim and maintains that the barrister was qualified in England and Wales. Mr Justice Rory Mulcahy has reserved judgment on the applications and will decide on Thursday, while a temporary stay has been granted to allow Martin's horses to race on Wednesday.
The High Court approved a debt settlement arrangement (DSA) for 63‑year‑old Mark Quinn, allowing him to write off €8.9 million owed to Everyday Finance DAC in exchange for a lump‑sum payment of just over €50 000. The DSA will run for 12 months, during which Quinn will continue to live with his partner at Laurence Grove, Clontarf, Dublin 3, and work for an advertising company. The arrangement was drafted by Personal Insolvency Practitioner Eugene McDarby and presented to the court by Keith Farry BL, who argued that the DSA would be more favourable to the creditor than a bankruptcy proceeding. The court found no objections and approved the DSA, which is intended to restore Quinn to solvency.
The High Court approved a Personal Insolvency Arrangement for Thomas and Valerie Johnson, a couple from Co Meath, allowing them to write off over €2.65 million in debt mainly owed to financial funds. The arrangement, lasting 12 months, lets the couple keep their family home at Liscannor Lodge, Drumree Road, Dunshaughlin. Their mortgage will be restructured with a €200,000 lump‑sum payment, and they will pay €1,500 toward unsecured debts. The court, presided over by Mr Justice Alexander Owens, approved the application submitted by Keith Farry BL on behalf of the couple's insolvency practitioner.
The High Court formally wound up Pressing Matters Limited, trading as Dublin Vinyl, on 15 April 2024, appointing Ken Fennell and Eamonn Richardson of Interpath Advisory as joint liquidators. The company, founded in 2016, employed 22 full‑time staff and four full‑time contractors and had liabilities exceeding €1.3 million. It had been unable to meet its debts as they fell due and had been petitioning for winding up. The court heard that the firm had hoped the provisional liquidators might allow it to complete outstanding orders worth €500,000, but Sam Collins BL reported that the clients deemed this unfeasible. All employees were made redundant. The company had received four separate offers for its assets, which are under consideration. Pressing Matters had sustained significant losses in 2022 and 2023 due to Covid‑19, Brexit, the Ukraine war, a lost major contract and delays in record‑pressing machines.
The High Court formally wound up Clonmannon House Retirement Village Limited, a Dublin-registered company that received millions from Chinese investors to develop a Co Wicklow care facility. Mr Justice Brian Cregan confirmed the appointment of insolvency practitioner Declan De Lacy as liquidator, following a provisional appointment after the court held the firm insolvent. The order was sought by Beijing-based Ms Yi Yuan, who claims to have lent €1m under the Immigrant Investor Programme. Counsel for the liquidator noted that the company's sole director, Ms Candance La Fleur, agreed to cooperate, and that the company intended to complete the purchase of Clonmannon House by month-end, with €1.9m already paid. The judge directed Ms La Fleur to provide a statement of affairs, and the matter was adjourned to return before the court later this month. Separately, proceedings brought last January by Clontarf-based Ms Li Sun, who invested in 2019, secured a temporary freezing order to prevent the disposal of assets. Ms Sun fears she will not recover €1.3m she says she is entitled to. All claims of wrongdoing in those proceedings have been denied by the company, and that action also returns before the court later this month.
In a High Court case, a provisional liquidator has been appointed for Clonmannon House Retirement Village Limited, a Dublin‑registered company that acquired a property in Ashford, Co Wicklow, for a care facility. Beijing‑based Ms Yi Yuan, who invested €1 million in 2020 under Ireland's Immigrant Investor Programme, claims the company owes her €1.17 million, which has not been repaid. She alleges that the company's director, Candance La Fleur, made false statements in an affidavit, including that €100 000 had been paid to an investor and that the company had agreed to sell its asset, write down debt, and delay repayment—claims Ms Yuan says she never consented to. Ms Yuan also contends the property was purchased for €1.9 million instead of the €2.15 million contract price and was not transferred to the company. The company has failed to file annual returns, maintain a company secretary, and keep a director resident in the EEA.
The High Court refused to grant Duddy Hospitality Ireland Holdings Limited, along with Brendan Duddy and Lawrence Duddy, injunctions restraining receivers from selling the IBIS Red Cow Hotel in Clondalkin, Dublin. Mr Justice Rory Mulcahy also declined orders preventing the UK-based Propiteer Group from appointing or removing directors of firms associated with the hotel. The judge determined that while the plaintiffs raised a serious issue, damages would be an adequate remedy, and the risk of injustice was not sufficient to warrant interim relief. The dispute centers on an alleged breach of 2020 settlement agreements regarding the division of jointly owned assets, including the hotel. The Duddy group claims the defendants, including Propiteer Ireland Holdings Limited, DADAC Ltd, Propiteer Ltd, Colin Sandy, and David Marshall, obstructed their acquisition of the hotel and wrongfully appointed insolvency practitioners Ken Fennell and Andrew O'Leary. The defendants deny all allegations of wrongdoing, breach, or obstruction, asserting that the settlement was superseded by a call option agreement due to the plaintiffs' failure to secure refinancing. The judge noted that both sides made allegations of misappropriation of funds, which were denied, and declined to draw conclusions on 'clean hands' or delay at this stage. The matter was adjourned and will return before the court later this month for an early hearing.
The High Court has granted Ditch Media Limited permission to pursue judicial review proceedings against Donegal and Wicklow County Councils over their maintenance of public staff ethics registers. The media company claims both councils have failed to comply with obligations under the 2001 Local Government Act by declining to provide electronic copies of employee interest registers without significant charges. Donegal County Council offered to supply copies for €375, whilst Wicklow County Council quoted €152.94 excluding postage. Ditch Media contends that other local authorities, including Mayo and Clare County Councils, have provided comparable registers electronically at no cost. The applicant company argues the councils have unlawfully withheld information of public interest and that the charges are unreasonable and disproportionate. Ms Justice Niamh Hyland granted permission for the proceedings on an ex-parte basis on Monday. The company seeks declarations that the councils have misinterpreted what constitutes a register and have erred in their construction of the 2001 Act. Both cases will return to court next month.
The High Court appointed Ken Fennell and Eamonn Richardson of Interpath Advisory as joint provisional liquidators for Pressing Matters Limited, trading as Dublin Vinyl, Ireland's sole vinyl record manufacturer. The court heard the company, founded in 2016, employs 22 full‑time staff and four contractors and supplies records to major labels, including artists such as Taylor Swift. Pressing Matters has suffered significant losses in 2002 and 2023, citing the Covid‑19 pandemic, Brexit, the Ukraine war, the loss of a major contract and delays in the delivery of pressing machines. The company's directors petitioned for liquidation, arguing that an orderly winding‑up would best serve employees and creditors. Mr Justice Oisin Quinn confirmed the company's insolvency, granted the liquidators powers, and adjourned the case to April, noting the firm's liabilities exceed its assets by €1.9 million.
The High Court approved a Personal Insolvency Arrangement for 70‑year‑old widow Marian Phillips, allowing her to address about €2.4 million of debt while staying in her home at Kenley Close, Model Farm Road, Cork. Phillips had fallen into financial difficulty because of high interest rates on loans from lenders. Her creditors include Start Mortgages DAC (over €2 million owed), Cabot Financial, the Revenue Commissioners, a property management company and a solicitors' firm. Under the arrangement, four buy‑to‑let residential properties owned by Phillips – three in Cork and one in Clonmel, County Tipperary – valued at just over €1 million will be sold to satisfy secured creditors. The remaining debts will be written off. Phillips will also enter a State‑approved Mortgage‑to‑Rent/Social Tenancy scheme for her principal private residence, a semi‑detached three‑bedroom house valued at about €345,000.
The High Court has granted Tumblr permission to challenge a decision by Coimisiún Na Mean that classifies it as a video‑sharing platform service (VSPS) under a new online safety code. Tumblr argues it is not a VSPS, claiming its video content is minimal and that the Commission failed to consider data it supplied. The court set a hearing for May, after a similar challenge by Reddit, and noted the cases should not be heard together due to legal differences and service types. Tumblr seeks orders quashing the December 28 decision, declarations that the decision is invalid, misapplies EU law and the 2009 Broadcasting Act, and is incompatible with the EU Charter of Fundamental Rights. The Commission is expected to contest both matters.
The Court of Appeal overturned a High Court ruling that two children, who had arrived in Ireland with their parents in 2021, were not wrongfully retained. The appellate panel, consisting of Justices Whelan, Ni Raifeartaigh and Power, held that the children had indeed been wrongfully retained by their mother, breaching the father's custody rights, and should be returned to their country of birth. The High Court had dismissed the father's application under the Hague Convention, finding that the mother's retention was not wrongful and that the father had consented to the children remaining in Ireland. The Court of Appeal noted that the father had not truly consented, citing a brief, pressured text message in 2022 that was not clear or unambiguous. The appellate court ordered the children's return, subject to the father's undertaking to pay for their journey home and to allow the mother to reside with them at the family home if she wished to return.
The High Court upheld An Bord Pleanala's refusal to grant retention permission for St Margaret's Recycling and Transfer Centre Limited to continue using its waste facility at Sandyhill, St Margarets, which has operated since the late 1990s. The operator had appealed the board's decision, which had been made after a 2021 Fingal County Council permission that was limited to three years and subject to 17 conditions. The board refused retention on grounds that the operator had not supplied sufficient evidence to assess environmental impact and that the proposed waste disposal contravened the council's land‑use zoning objectives. The court found the board's reasoning correct, noted that the operator's claim that the council had not required a full Environmental Impact Assessment was mistaken, and rejected all grounds raised by the operator. The decision confirms the board's refusal and the operator's appeal was dismissed.
In a High Court ruling, Mr Justice Brian O'Moore declared that Garret Hevey and David Peile, jailed in 2019 for a €5.5 million forestry investment Ponzi scheme, were personally liable for Arden FM's debts. Hevey was ordered liable for €3.8 million, while Peile was ordered liable for an unspecified portion that will be determined at a future hearing. The court found that Arden FM, operated by the pair, had deceived mainly older foreign investors into believing their money would purchase forest land and yield returns after tree sales. In reality, the company spent only €133,000 on 30 acres of land and returned €393,000 to investors. The liquidator, Declan De Lacy, sought the orders, and the judge confirmed the fraudulent nature of the scheme and the defendants' intent to defraud creditors. The case remains at the stage of finalising Peile's liability. Garret Hevey pleaded guilty.
The High Court struck out a claim by financial fund Everyday Finance DAC against applicants Helen Bracken and Joseph Bracken, ruling that the delay in progressing the proceedings was inexcusable and inordinate. Ms Justice Marguerite Bolger dismissed the action, which sought over €1m in judgement regarding a defaulted loan originally advanced by AIB Plc in 2007 for a housing project in Ferbane, Co Offaly. The applicants, represented by solicitor Donnacha Anhold, opposed the claim and successfully brought a pre-trial application to have it dismissed on grounds of delay. They alleged they were prejudiced by the eight-year period between the commencement of proceedings in 2013 and the trial being set down in late 2021. The applicants rejected AIB's assertion that they signed a 2009 letter extending the facility, stating the signatures were not theirs and that they never consented to the alleged extension. The judge noted that the delay would render witness evidence fragile and unreliable, particularly given the absence of certain documentation and the serious injury sustained by Mr Bracken in 2017. She found that the balance of justice favoured dismissing the claim, rejecting the plaintiff's argument that dismissal would force a write-off of substantial debt. The court indicated a provisional view that the applicants were entitled to their legal costs. The matter was adjourned and will return before the court next month for final orders.
The High Court dismissed environmental activist Peter Sweetman's challenge to the Environmental Protection Agency's (EPA) February 2019 decision to grant an industrial emissions licence to Michael Noel O'Connor for a 74,000‑bird broiler chicken plant at Rathcahill West, Templeglantine, Newcastlewest, Co. Limerick. Sweetman argued the EPA had failed to properly assess the disposal of chicken manure and water washings, had no jurisdiction, and had not considered EU directives on habitats, waste water and environmental impact. He also sought declarations that the EPA had erred in law and acted contrary to EU waste directives. The EPA counter‑claimed that it had considered all relevant matters and that the licence was correctly awarded under the 1992 EPA Act. Judge Conleth Bradley found the EPA had not acted outside its regulatory powers, had correctly defined its statutory and regulatory ambit, and therefore dismissed the action. No further proceedings were ordered.
The High Court ruled that Bank of Ireland Mortgage Bank is entitled to possession of a property in Ballinfull, Co Sligo, belonging to the estate of the late Bridget Cunningham. The case involved a €60,000 'Life Loan' mortgage taken out by Mrs. Cunningham in 2006/07, which remained unpaid at her death in 2008. Teresa Gillespie, acting as executrix, opposed the bank's 2019 possession claim, alleging it was statute-barred under the 1961 Civil Liability Act and that the bank had delayed action. The bank argued the loan was only payable upon death and that no repayments were made. Mr Justice David Nolan determined that the bank's action for possession was not statute-barred, granting the entitlement to possession. However, he noted that the bank's claim for approximately €90,000 in accrued interest, which substantially exceeds the original loan amount, presents an arguable case regarding limitations and delay. The judge criticized the bank for failing to explain the "enormous delay" in bringing proceedings over 11 years after the death. The matter was adjourned for a full plenary hearing to determine the disputed interest claims, with final orders to be made subsequently.
In a High Court hearing on 17 January 2024, Mr Justice Mark Sanfey appointed Kieran Wallace and Andrew O'Leary of Interpath Advisory Ireland as joint provisional liquidators for PCSIL, a prepaid card firm owned by the Australian fintech group EML. The court was told that PCSIL, which holds €516 million of segregated customer funds and issues 2.4 million prepaid cards, is currently solvent but loss‑making, having lost €7.3 million in 2022 and expecting further losses in 2023 and the current year. The firm's business model was deemed no longer commercially viable, and its parent had decided that further investment was not justified. PCSIL had faced compliance issues with the Central Bank of Ireland, including anti‑money‑laundering concerns, leading to regulatory restrictions. The court noted that appointing liquidators would allow professional communication with customers and employees, and that the Central Bank was not objecting to the application. The matter was adjourned to a date next month.
The High Court has appointed Mr Dessie Morrow and Mr Diarmaid Guthrie of Azets Ireland as joint provisional liquidators for Glenbeigh Construction Limited, a building company with 33 direct employees and many subcontractors. The firm is currently working on projects at Dublin Airport, two prisons, and a 100‑plus apartment development in South Dublin. It has six active projects, including a €36m contract at Dundrum Town Centre and works at Arbour Hill and Mountjoy Prisons, Terminal One at Dublin Airport, Northbank House, and Clarehaven & Seanchara Nursing Home. Glenbeigh has become insolvent after significant losses caused by Covid‑19‑related delays and rising labour and material costs, making several fixed‑price contracts loss‑making. The company had planned a €13m project in Killiney, expecting a €1m profit, but now anticipates a €1.2m loss. The liquidators are tasked with securing assets and ensuring an orderly winding up for creditors and employees. The case was adjourned to February.
Broadcaster Dave Fanning has begun defamation proceedings against Microsoft's news service and a Hong Kong website after his picture appeared in an article that wrongly claimed he faced trial for alleged sexual misconduct with a child under 12. The article, titled "Prominent Irish Broadcaster faces trial over alleged sexual misconduct," was published by BNN on 11 October and also appeared on Microsoft's News Service MSN. Fanning, who was not involved in the trial— which concerned another broadcaster later acquitted— argues the piece made false and damaging statements, portraying him as a criminal and paedophile. The article was removed the day after publication. Fanning seeks damages and has obtained High Court permission to serve the action on BNN, Microsoft Operations Ireland Ltd, and Microsoft Corporation. The court has adjourned part of the application to clarify whether the article was published outside Ireland or in jurisdictions controlled by Microsoft's U.S. parent. The case is currently at the High Court hearing stage.
The High Court will rule before Christmas on an application in the largest liquidation in the history of the State, aimed at preventing the Russian parent of two leasing firms from seizing ownership of about 37 highly valuable aircraft. Damien Murran and Julian Moroney, joint liquidators of Dublin‑registered GTLK Europe DAC and GTLK Europe Capital DAC, argue that the aircraft belong to the firms in liquidation and that the parent has no legal entitlement. They seek orders to set aside 'pledge agreements' that the parent claims give it ownership, and declarations that those agreements are void and unenforceable under Irish law, with the liquidators retaining title. The parent, owned by the Russian Federation, has not participated in the proceedings and claims it would not receive a fair hearing in Ireland, a claim rejected by the liquidators. Mr Justice Rory Mulcahy has reserved his decision and will give a ruling early next week.
In a High Court ruling, Mr Justice Rory Mulcahy denied lawyers for French film star Dany Boon the right to supply prosecutors in Monaco with documents related to an alleged €7m fraud. The judge held that Boon's lawyers had not proven that providing the documents complied with the proper administration of justice and that the two defendants, Asia Monaco Investments Ltd and Asia Monaco SARL, would not be unfairly prejudiced. The affidavits, sworn by Ms Xin Zhao, were not formally opened in court and were deemed public. Boon's case involves claims that he was defrauded by Mr Thierry Birles and associated entities, and he has secured various freezing and disclosure orders in Ireland. The defendants opposed the application, citing potential injustice, and the judge noted that had the affidavits been opened, the application would not have been necessary.
In a High Court hearing, Michael Flatley, aged 65, and his family were forced to vacate their Castlehyde home in County Cork after tests revealed high levels of carcinogenic chloride residue from PVC combustion. Flatley claims the residue, left after a 2016 fire, was known to the contractor and insurers but was not disclosed or remedied properly. He alleges negligence, breach of health and safety, and property rights violations by the Austin Newport Group, insurers Am Amlin, AXA XL, Hamilton Managing Agency, and accountant David Cushion. Flatley seeks €25 million in damages and has also initiated separate medical negligence proceedings. The court granted him permission to serve the defendants and adjourned a request for an injunction to preserve documents, with the case to resume later. The matter remains an ongoing civil action.
The High Court, on Mr Justice Alexander Owens' direction, declared that assets linked to convicted killer and "career criminal" John 'Keith' O'Donovan – a Cork property and €8,590 in cash – were proceeds of crime. The Criminal Assets Bureau (CAB) had argued that the assets were financed by O'Donovan's criminal activity, citing over 50 convictions for offences such as manslaughter, armed robbery, burglary, assault, illegal firearm possession and drug offences, and his role as a major heroin supplier in Cork. CAB's sworn statement noted that the recorded convictions did not fully reflect his criminal involvement and that he accessed substantial funds from unknown sources. The property, bought in 1997 for IR£20,000, was registered in his mother Doreen O'Donovan's name to conceal ownership. CAB claimed O'Donovan had no legitimate means to acquire the property, now valued at over €200,000.
The High Court appointed Nicholas O'Dwyer and Colm Dolan of Grant Thornton as joint provisional liquidators for Killeen Engineering Fabrication Limited, an automatic gate systems company that employed 45 people and has since closed its doors. The court heard the firm had been trading successfully but became insolvent after its business "fell off a cliff" in recent months. Ross Gorman BL, instructed by Amoss Solicitors, noted that sales had increased earlier but fell significantly in the third quarter of 2023, severely impacting cash flow and leaving the company with less than €20,000 in cash. The company owes about €650,000 to existing customers from deposits for its products and was unable to raise additional finance. The liquidators were granted powers to take control of assets, continue trade for the benefit of liquidation, and investigate the deposits. The matter will return to court in the coming weeks.
The High Court granted a temporary injunction to RAS Medical Ltd, a Dublin‑registered cosmetic surgery practice, after it alleged that Create for the Web Limited, trading as Ireland Website Design, had failed to preserve important data, including medical information, relating to RAS Medical's websites. RAS Medical claimed that a falling out over an alleged secret recording of a Zoom call between director Dr Ahmed Salman and a representative of the website company led to the defendant's failure to retain data. The court, hearing the case ex‑parte, ordered the defendant to preserve data held by it in respect of RAS Medical's website. RAS Medical seeks further orders to compel compliance with the Data Protection Act and damages for alleged unlawful processing and dissemination of personal data. The matter will return before the court next week.
In a High Court hearing on 14 November 2023, Justice Eileen Roberts appointed Joseph Walsh of JW Accountants as interim examiner to a group of restaurant companies linked to the award‑winning Cornstore Restaurants and Coqbull outlets in Cork and Limerick. The companies—Keep it Real Holdings DAC, Rosewalk Ltd, Coal Quay Restaurants Ltd, Winstore Restaurants Ltd, Burgerchick Cork Ltd, Burgerchick Limerick Ltd and Burgerchick Castletroy Ltd—were found insolvent and unable to meet a €26.74 million debt owed to the Sweden‑based Proventus Capital Partners III KB fund. The court noted that the difficulties stemmed from the poor performance of related UK‑based group companies, which had been hit hard by Covid‑19 and had failed to service the debt since December 2022.
The High Court approved a Personal Insolvency Arrangement for 54‑year‑old Dermot King of Bishopscourt, Straffan, allowing him to write off over €16 million of unsecured debt owed to Everyday Finance DAC. King, who had been self‑employed trading as DMK Property Limited from 2004 to 2017, owed the fund €17.2 million. Under the arrangement, he will keep his €1.5 million family home, continue mortgage repayments for 25 years, and sell his interests in an investment property in Rosslare, part of the land on which his home sits, and an investment property in Athy to reduce the debt. He will make a €23 000 payment, of which €13 000 will go toward the unsecured debt. The PIA, lasting 12 months, was prepared by Personal Insolvency Practitioner John McCormack and approved by Mr Justice Alexander Owens after counsel noted no opposition and that creditors would fare better than under bankruptcy.
In a High Court hearing on 13 November 2023, the court refused to grant a 12‑month stay on an injunction that required Stateline Freight Limited to stop storing shipping containers on land owned by Tesco Ireland Limited at Compass Distribution Park, Santry. Stateline had argued that an immediate cessation would cause a catastrophic economic impact on freight businesses and that it needed time to secure alternative sites and planning permission. The judge, Mr Justice Garrett Simons, found no discretionary basis for a stay, citing the lack of planning permission and the deliberate nature of the breach. He gave Stateline six weeks to remove the containers and noted that any temporary planning permission would be a matter for the planning authorities, not the court. The decision will be revisited later in the month.
The High Court approved a Personal Insolvency Arrangement (PIA) for 60‑year‑old Patrick Reilly, a company director, allowing him to write off more than €3 million of debt owed to financial institutions and retain his family home in Dublin for a payment of just over €8 000. Under the 24‑month scheme, Reilly will sell two Dublin properties and one in Mountrath, Co. Laois, and will restructure and extend the mortgage on his family home at Clanree Road, Donnycarney. He will also pay a total of just over €8 000 toward his unsecured debts. The PIA will give unsecured creditors a dividend of 0.07 % of what they are owed. No objections were raised, and Mr Justice Alexander Owens deemed the arrangement just and equitable, noting that it will return Reilly to solvency upon completion.
In October 2023, Dublin City University (DCU) and developer Kinwest Ltd lodged judicial review actions in the High Court challenging the inclusion of their properties on the map of sites subject to the Residential Zoned Land Tax (RZLT). DCU, represented by Joe Jeffers SC, seeks to quash the board's decision to list two sites—Griffith Avenue, Glasnevin, and Albert College Park—arguing they are exempt because they are used for education, a provision in the Taxes Consolidation Act. Kinwest, represented by Martin Hayden SC, contests the board's upholding of Fingal County Council's rulings that it must pay the RZLT on three sites in Auburn, Streamstown, and Malahide. The developer also challenges the constitutionality of the Act's amendment and the ministerial guidelines, claiming they were made outside the minister's powers. Both parties' applications will return before the High Court in December, with DCU also seeking declarations that the board erred in law and made unreasonable decisions.
The High Court appointed Dessie Morrow and Dairmaid Guthrie of Azets Ireland as joint provisional liquidators for Climote Limited, a heating‑control firm with 20 employees. The appointment followed a failed Small Companies Administrative Rescue Process (SCARP) and an inability to agree on a rescue plan. Climote had been profitable until 2019 but became loss‑making due to Covid‑19 impacts, the removal of its 'Single Measure Solution' from the Energy Efficiency Obligations Scheme, and a €1.1 million loss in 2022. The company also owes significant debt to Revenue. The liquidators will preserve assets, maintain service for up to 100,000 remote heating controllers, and seek to sell the company's goodwill and assets, potentially to an identified investor, while ensuring continued maintenance until the assets are sold. The matter was adjourned to November.
The High Court has ordered Richmond Homes and Arkmount Construction to give the ESB the names of all employees who are alleged to have demanded cash payments for electrical works at housing developments. The court granted Norwich Pharmacal‑type orders, requiring the firms to disclose the names of every person who allegedly sought or received payments. The firms had already supplied the names of four employees, but the judge found clear proof of wrongdoing by others and said that disclosure of those names was "clearly necessary." The court also ordered the firms to provide the date and amount of the alleged payments. The ESB, represented by Marcus Dowling SC and Joe Jeffers SC, intends to pursue proceedings against the individuals named. The case will return to the court for final orders, including cost allocations, at a later date.
The High Court has dismissed an application for an inquiry into the detention of Martin O'Toole, also known as Martin Thomas, who was convicted of offences related to the 2018 Strokestown eviction incident. In a judgment delivered on Thursday, Mr Justice Mark Sanfey refused to direct an inquiry under Article 40 of the Constitution, characterizing the bid as a collateral attack on the verdict and sentence handed down by Judge Martina Baxter. O'Toole, 59, was found guilty by a jury at the Circuit Criminal Court of several offences, including aggravated burglary, violent disorder, and assault, and was sentenced to a total of 15 years in prison. He is currently detained in Castlerea Prison. The application was brought by two individuals, Ms Melissa Kelly and Mr Joe Doocey, who argued the trial was fundamentally flawed and that O'Toole was an innocent man. However, Mr Justice Sanfey noted that much of the evidence presented was hearsay and that O'Toole had not personally submitted documentation to support the claim. The judge emphasized that the High Court can only interfere with detention if a trial is clearly fundamentally flawed, a threshold not met here. He further stated that an appeal, which the applicants had rejected, was the clear remedy for raising complaints about the trial conduct. O'Toole has rejected any wrongdoing, claiming his legal team failed to follow his instructions.
The High Court, by Mr Justice Michael Quinn, ordered the liquidation of MAC‑Interiors Limited, a commercial fit‑out firm with 31 full‑time staff and many subcontractors. The company, which owed creditors over €27 million, had entered examinership earlier in 2023. An examiner, Mr Kieran Wallace, had proposed a modified rescue plan involving a new investor and a scheme of arrangement that, if approved, would have allowed the firm to exit examinership and continue operating. The court found it lacked jurisdiction to approve the scheme, citing Revenue's opposition and the withdrawal of a committed investor. Consequently, the examiner's proposal to return the company to solvency was rejected. The court appointed Mr Aidan Murphy as liquidator, noting that Revenue, the largest creditor, accounted for about half of the debt. The liquidation order was made after the examiner could not present revised proposals to the court.
The High Court has granted Mac Interiors additional time to determine whether a new investor will support a "modified" scheme of arrangement that could allow the company to exit examinership and continue as a going concern. Mr Justice Michael Quinn had earlier ruled that the court lacked jurisdiction to approve the scheme proposed by examiner Kieran Wallace, which was opposed by Revenue. After the court's decision, a previously committed investor withdrew, but the examiner's lawyers informed the judge that a new, unnamed investor is interested in funding a modified scheme. The judge gave the examiner until Wednesday morning to present an alternative proposal, stressing that any application to continue the examinership must be backed by evidence. The court rejected the original proposal to return Mac Interiors to solvency, noting that the only impaired creditor class had been "erroneously formed" and that no valid meeting had accepted the plan.
The High Court has granted partial leave for a challenge to a 2022 decision by An Bord Pleanala that approved a motorway service station near Ennis, Co Clare, for businessman Pat McDonagh. Judge Richard Humphreys allowed engineer Michael Duffy to seek to overturn the decision, provided he amends and serves the grounds of the challenge within a few weeks. Duffy argues the development will harm the local environment, citing a lack of an Appropriate Assessment under EU law and no evidence that wastewater would affect Special Areas of Conservation. The court declined leave on other grounds raised in 2022 and dismissed a 2021 judicial review where Duffy challenged Clare County Council's planning permission. Clare County Council and McDonagh are to be notice parties, not respondents. The case will return to court at a later date.
In a High Court hearing on 14 July 2023, Mr Justice Rory Mulcahy discharged an injunction that had barred several corporate entities from accessing proceeds from the sale of Trinity House, a property in Dunboyne, Co Meath, and from insurance payouts following a fire. Mr Stephen Mahon had claimed a fair issue regarding the sale proceeds and insurance money, seeking payment of over €230,000 and the majority of the €810,000 sale proceeds. The court found that damages would be an adequate remedy and that Mr Mahon had not demonstrated that the defendants intended to dissipate assets outside the jurisdiction. The judge noted that Mr Mahon had failed to disclose relevant assets, including a €570,000 development site in Co Wexford owned by Yeronga, and that the injunction was therefore unnecessary. All defendants denied wrongdoing and argued that the injunction had harmed their business operations. The case will return to court later in the month.
The High Court ordered the removal of a mortgage charge held by Promontoria Oyster DAC over the home of Marie Gibson at Castletymon Green, Coolock, Dublin 5. Mr Justice Brian Cregan ruled that Pauline Gibson, Marie's daughter, must pay €75,000 in exemplary damages for engaging in an unscrupulous fraud involving the 2003 transfer of the property. The court found that Pauline Gibson forged signatures to defraud her parents and Dublin City Council. Additionally, solicitor Kevin O'Gorman was ordered to pay €5,000 in compensatory damages and €30,000 in aggravated damages for gross negligence, including failing to provide written advice and destroying original documents. The judge stated he is considering referring findings regarding Pauline Gibson to the Director of Public Prosecutions and findings against O'Gorman to the Law Society and Revenue Commissioners. However, the judge indicated he would consider further submissions before making a final decision on those referrals when the matter returns before the court in two weeks time. The court declared the 2003 transfer and the subsequent mortgage charge void, noting that the receiver was not validly appointed. Promontoria Oyster DAC opposed the removal of the charge, arguing undue influence, but the judge rejected this argument. Pauline Gibson did not participate in the proceedings.
In a High Court decision on 21 June 2023, Justice Siobhan Stack appointed chartered accountants Jim Luby and Enda Lowry of McStay Luby as joint liquidators for GWD Forestry Ltd, an Irish‑registered forestry investment company accused of defrauding investors of around €30 million. The ruling followed applications from two creditor groups: one led by Franco Bertellino, who sought provisional liquidator Declan de Lacey of PKF O'Connor Leddy Holmes, and another represented by Sally O'Neill BL, who opposed Bertellino's nominee and requested Luby and Lowry. The court noted that the opposing creditors had earlier moved to restore the company to the register and had attempted a creditors' meeting to wind it up, but the High Court action halted that effort. Both sides acknowledged the company's involvement in fraud, and the court found the petitioning creditors' case insufficient to appoint their nominee. The appointment of Luby and Lowry aims to investigate the company's affairs and recover investors' funds.
The High Court appointed Mr Joseph Walsh as interim examiner for Metron Stores Limited, operator of 26 Iceland retail stores in Ireland, after the company was found insolvent with €36m of debts due. The court heard that the Food Safety Authority of Ireland had ordered the withdrawal of all imported frozen animal‑origin foods, citing alleged breaches of food legislation. Metron has complied with the notice, identified 239 potentially non‑compliant products out of 3,000, and secured new Irish suppliers and veterinary certification. The company faces over 25 legal actions, significant losses, and employment disputes, but has taken steps to resolve these issues. An independent experts report suggests the company could survive if a scheme of arrangement is agreed with creditors and fresh investment is secured through examinership. The matter will return to court in two weeks.
The High Court has refused a pre-trial application to adjourn repossession proceedings brought by Receiver James Anderson, appointed by Pepper Finance Ireland DAC, against Davy Fitzgerald. Ms Helen Fitzgerald, who resides at the property in Co Clare, sought an adjournment until the Residential Tenancies Board (RTB) adjudicated on her claim that she holds a valid tenancy and that no termination notice was served. The plaintiffs opposed the application. Mr Justice Garrett Simons rejected the bid, ruling that the High Court, not the RTB, has jurisdiction to determine whether a binding tenancy exists against the plaintiffs. He noted the 2004 Residential Tenancies Act does not grant the RTB exclusive jurisdiction on this matter and directed that his judgment be brought to the RTB's attention. The case is to be readied for hearing. Mr Fitzgerald, who appears on the RTE Television programme Ireland's Fittest Family, has raised separate issues regarding loans from ACC Bank, alleging fraud by former official Jarlath Mitchell and disputing the validity of the loan transfer to Pepper. He also contests a €25,000 interest surcharge demanded by Pepper and argues the case belongs in the Circuit Court. Lawyers for the fund and receiver rejected these criticisms.
The High Court has approved a Personal Insolvency Arrangement for a 52-year-old man from County Roscommon, enabling him to retain his family home while writing off more than €1.1 million in debt. Mr Justice Alexander Owens granted the order following an appeal by a Personal Insolvency Practitioner after the Circuit Court had refused to approve the arrangement. The debtor incurred significant financial difficulties through personal guarantees linked to a construction business he operated with family members, which entered liquidation in 2008. Under the approved arrangement, unsecured debts owed to the Bank of Ireland and building suppliers will be written off in exchange for modest dividend payments. The mortgaged family home will be restructured, with over €110,000 of the outstanding balance written off and the remainder repaid over twenty years. The court heard that creditors would benefit more substantially under the arrangement than through bankruptcy proceedings. A separate arrangement was also approved for the debtor's wife.
The High Court has adjourned proceedings concerning Imre Arakas, a 63-year-old Estonian national currently in Lithuania, who is seeking to instruct legal representation. The Minister for Justice informed Mr Justice Kerida Naidoo that Lithuania requested to prosecute Arakas for offences other than those for which he was surrendered under a European Arrest Warrant. Arakas was previously extradited to face trial for the alleged murder of Deimantas Bugavicius in November 2015, along with firearms and conspiracy charges. While an eyewitness stated Arakas was not present at the scene, Lithuanian authorities allege he conspired in the killing. Arakas, who told gardai he was in Spain during the relevant dates, has a prior conviction in Ireland. In December 2018, the Special Criminal Court jailed him for six years after he admitted conspiring to murder James 'Mago' Gately in Northern Ireland in 2017. The court noted a 30-day time restraint for the new prosecution request. Ms Aoife O'Leary BL, who previously represented Arakas, stated she lacked instructions to act on the current matter and was unsure if he wished to engage Ferrys Solicitors. The judge agreed to adjourn the case for one week to allow the respondent to instruct a firm of solicitors, ensuring his interests are represented.
In a High Court case, Marie Gibson, an elderly widow, seeks removal of a mortgage charge held by Promontoria Oyster DAC over her home at Castletymon Green, Coolock, Dublin 5. Gibson was defrauded by her daughter Pauline Gibson, who forged signatures to transfer the property to herself in 2003 and secured a €190,000 loan from First Active. The transfer was later set aside by Justice Brian Cregan as fraudulent. Gibson also sued solicitor Kevin O'Gorman for professional negligence and the receiver Paul McCleary. Promontoria, claiming €350,000 owed, opposes the removal of the charge and has offered Gibson options to stay or surrender the property. Gibson rejected all offers. The court has been asked to remove the charge and receiver, and to consider nominal damages against Pauline Gibson and O'Gorman. Justice Cregan has reserved judgment, noting the case's complexity.
In a High Court decision on 12 June 2023, the eight‑month prison sentence imposed on 25‑year‑old Manuela Lacatus for stealing €233 worth of groceries from a Lidl store in Naas was quashed. Lacatus, who was pregnant with her fifth child at the time of the offence, had admitted the theft and had three prior convictions for theft and handling stolen goods. The sentence had been upheld by the Circuit Court in November 2021, with a three‑month stay due to the age of her unborn child and a further stay pending the High Court action. Lawyers argued that the sentence was extreme, based on a "fixed policy" that treated all repeat shoplifters the same, and that it failed to consider individual circumstances. Justice Niamh Hyland ruled that the Circuit Court's approach was impermissible, rejected the claim of a constitutional breach, and ordered the sentence to be set aside.
The High Court approved a Personal Insolvency Arrangement for Thomas Fahy, a 58‑year‑old self‑employed electrical contractor from Cortoon, Claregalway. Under the arrangement, Fahy's unsecured debts of about €2.5 million will be written off in exchange for a payment of €2,300 to creditors. He will keep his family home, with the mortgage restructured and partially written down by €230,000 over time. The scheme will be funded by a €7,900 lump‑sum payment, of which €5,600 covers the Personal Insolvency Practitioner's fees and the remainder goes to unsecured creditors. The arrangement is 24 months long, with monthly payments of approximately €1,094.29 to Pepper Finance and interest‑only payments of €190 for the first year. No objections were raised, and the court found the proposal met insolvency criteria.
The High Court has set a date for the State's bid to halt a constitutional challenge brought by Independent Senator Gerard Craughwell. The applicant alleges an unlawful and unconstitutional 'secret arrangement' exists between Ireland and Great Britain, permitting the Royal Air Force to intercept aircraft in Irish airspace. Senator Craughwell claims this purported agreement, allegedly introduced following the 2001 attacks, was never approved by the Dáil or the Irish people via referendum, rendering it fundamentally incompatible with the Constitution. The Government and the State, which do not confirm or deny the existence of the alleged agreement, have filed a defence denying any improper or unconstitutional conduct. Before Mr Justice Brian O'Moore, the judge fixed two days in early October for a hearing on a preliminary issue raised by the State. The respondents argue the claims are not justiciable, submitting that courts cannot review matters of external security falling within executive power, as disclosure could endanger State security and international relations. Should the State succeed in this pre-trial application, Senator Craughwell's case will fall. His legal team is opposing the motion. The senator seeks declarations that the alleged agreement breaches the Constitution and that the Government's failure to control airspace violates Article 5. He also seeks an order restraining the government from legislating to give effect to the agreement without a referendum. The matter is currently at the hearing or decision stage regarding this preliminary application.
The High Court has ordered the extradition to Germany of a 50-year-old Irish man, Liam Patrick Daly, who is alleged to have attempted to commit aggravated robbery in a Berlin takeaway in 1994. The court heard that Daly, who was arrested and questioned in Germany, allegedly admitted during his detention that he had a mask on his head and a chair leg in his hand but only wanted to scare the other man. He was detained for three days and then released after providing his fiancée's address. Daly was not charged with any offence before his release. The German authorities initiated an international search for Daly in 1996, and he was arrested in England in 2003. An extradition case was previously heard by the court of appeal, which ruled in Daly's favour and refused the extradition, citing the likelihood of an unfair trial due to the delay. However, the High Court has now ordered Daly's surrender to Germany, noting that Daly was a major contributor to the delay in the proceedings. The court agreed to postpone the extradition to July 24 to allow Daly to facilitate the care of his mother, who has been diagnosed with cancer.
The High Court, by Mr Justice Brian O'Moore, formally wound up Tower Trade Finance Ireland Limited (TTFI) and Deal Partners Logistics Ltd (DPL) on Monday. Both companies, registered in Dublin, were insolvent and could not pay debts exceeding €13 million. Mr Declan McDonald of PWC, previously the examiner, was appointed as the official liquidator for the two firms. Earlier this year the companies had entered examinership, but the process ended after a proposed survival scheme for TTFI was rejected by creditors and a scheme for DPL could not proceed without approval for both firms. The companies had sought court protection following financial difficulties linked to the collapse of JACC Sports Distributors, which had supplied sports kit to the FAI. The court noted that creditors, represented by Gavin Smith of DLA Piper, were not opposed to Mr McDonald's appointment. The judge confirmed the liquidation orders and the appointment of Mr McDonald as liquidator.