In May 2023 the High Court was asked to liquidate Tower Trade Finance Ireland Limited (TTFI) and Deal Partners Logistics Ltd (DPL) after creditors rejected a proposed survival scheme for TTFI. The companies had sought examinership protection following financial difficulties linked to the liquidation of JACC Sports Distributors, which had supplied sports kit to the FAI. Both firms owed creditors over €13 million and had previously been placed under examinership by insolvency practitioner Declan McDonald of PWC. A scheme had been agreed for DPL, but the relationship between the firms required both schemes to be approved. With TTFI's creditors voting against the scheme, the examiner and counsel concluded that the only option was to end examinership and order liquidation. Mr McDonald was proposed to act as liquidator, while a short adjournment was granted to allow creditors to decide whether they preferred a different liquidator.
In a High Court decision on 12 May 2023, Mr Justice Garrett Simons dismissed Regina Fitzpatrick's appeal against a Residential Tenancies Board (RTB) ruling that a Galway landlord, Sinead Brett, could lawfully terminate her tenancy. Fitzpatrick argued that the RTB should not have upheld the termination notice because Brett had later refused to accept rent via Housing Assistance Payment (HAP). The judge noted that Brett's refusal was communicated months after the tenancy had already ended in September 2021, and that the RTB's tribunal had not considered this point of law. Fitzpatrick's appeal was rejected on the basis that it raised a new legal issue not before the RTB tribunal, and her request for a three‑month adjournment on medical grounds was also denied. The case remains at the RTB level, with no further action taken by the High Court.
The High Court has postponed the hearing to wind up two Russian State‑owned leasing firms, GTLK Europe DAC and GTLK Europe Capital DAC, until the end of May. Four creditors, including Trinity Investments DAC and Ben Oldman Special Situations Fund LP, petitioned the court, arguing the firms are insolvent and cannot pay debts of about €162.5 million. They seek Damien Murran and Julian Moroney of Teneo Restructuring Ireland as joint liquidators. The companies, which claim they remain solvent despite sanctions, oppose the application. The court, after a pre‑trial application by Benedict O'Floinn SC, agreed to adjourn the matter to 29‑30 May, citing the need for more time to prepare legal submissions. The hearing was originally scheduled for next week and was expected to last two days. The case involves the largest winding‑up in Irish history, with the firms' assets valued at over €4.11 billion.
The High Court has ordered the winding-up of Nuremore Hotel Management Ltd, the company responsible for operating the Nuremore Hotel and country club in Carrickmacross, County Monaghan. Mr Justice Conor Dignam appointed insolvency practitioner Declan de Lacy as liquidator following a petition by the Revenue Commissioners. The company owes over €680,000 in unpaid PAYE, PRSI, and wage subsidy payments to the state. The hotel ceased operations in late 2022 and has since had its utilities disconnected. The court heard the company is insolvent and unable to satisfy the Revenue's demand. The winding-up petition was originally brought by a former employee but was subsequently taken over by Revenue after the worker was paid in full. Director Kai Dai was ordered to file statements of affairs. Related petitions against two further companies linked to the hotel are scheduled for hearing later in May.
The High Court dismissed an application by the Health Service Executive (HSE) and Tusla to strike out negligence claims brought by a couple who contracted Hepatitis A after an outbreak at a creche their children attended. The couple, who separated after contracting the disease, alleged that the creche failed to meet health, safety and hygiene standards and that the HSE and Tusla had statutory responsibility to inspect, supervise and notify parents of the outbreak. They also claimed that the HSE and Tusla failed to inform parents and that the woman's pregnancy was affected by the outbreak. The court found that, although the plaintiffs' delay in bringing the action was inordinate and inexcusable, the balance of justice favoured allowing the claims to proceed. The judge set a timetable for document exchange and ordered the case to be heard within a reasonably short period, noting that the outcome would ultimately depend on documentary evidence rather than oral evidence.
The High Court appointed a provisional liquidator, Mr David O'Connor of BDO, to SIAC Construction Ltd and SIAC Roofing and Cladding Ltd, two trading companies of the SIAC construction group. The companies, which employ about 100 workers and are registered in Clondalkin, Dublin 22, are insolvent with net liabilities of €12.3 million for SIAC Construction and projected losses of around €500,000 for SIAC Roofing and Cladding in 2023. The court heard that the firms lack sufficient cash to pay staff and that the group has faced severe cash difficulties due to Covid‑19, rising labour and material costs, insurance and bonding issues, and the loss of senior personnel. Mr O'Connor was granted powers to retain employees and subcontractors on projects in Dublin, Cork and Kilkenny, secure assets worth about €11.2 million, and prevent "self‑help" by creditors.
The High Court was asked to impose disqualification orders on Nicholas Wickham, shareholder and director of Irish Gold and Silver Bullion Ltd (IGSB), a company alleged to have operated as a Ponzi scheme. IGSB was wound up in 2021, and liquidator Myles Kirby obtained court orders freezing Wickham's assets and those of Hamden Development Homes UK Ltd. After settling proceedings with the liquidator, Wickham has committed assets toward the company's €1 million deficit and all previous orders were vacated. Wickham, in his early 60s, asked the court not to impose any disqualification, citing his age and media coverage. Counsel suggested a disqualification of over 10 years but noted mitigating factors, including Wickham's cooperation, and proposed a 40–50 % discount. Judge Brian O'Moore reserved his decision, to be delivered later. The liquidation remains ongoing. The case involves allegations that Wickham misapplied customer funds, concealed the company's insolvency, and used payments for personal benefit, while lawyers for Wickham denied wrongdoing.
The High Court was asked to order the largest winding‑up in Irish history after hearing that two Irish‑registered leasing companies, GTLK Europe DAC and GTLK Europe Capital DAC, worth over €4.11 billion and ultimately owned by the Russian Federation, are insolvent and cannot pay debts due to sanctions. The companies, part of Russia's largest leasing business, have had lease agreements terminated and assets frozen after sanctions imposed in February 2022. Four creditors – Trinity Investments DAC, Allestor Europe Multi Asset Portfolio, Ben Oldman Special Situations Fund LP and Sona Credit Master Fund Limited – claim €162.5 million is owed and seek liquidation. The court, hearing ex‑parte before Mr Justice Brian O'Moore, set directions and deadlines for interested parties and adjourned to May to determine the hearing's length. The creditors propose Damien Murran and Julian Moroney of Teneo Restructuring Ireland as joint liquidators. The case remains at the winding‑up application stage.
The High Court approved a Personal Insolvency Arrangement for former Fianna Fáil councillor Thomas 'Eddie' Mulligan, allowing him to write off more than €4.4 million in debt while retaining his family home. Mulligan, 55, contributed just over €9,000 to creditors and fees for the arrangement. He had served on Waterford City and County Council from 2014 until his resignation in August 2022 and had run unsuccessfully for Fianna Fáil in the 2020 General Election. The court heard that his financial difficulties stemmed from the 2008 recession, when he borrowed money and gave personal guarantees for loans used to invest in property assets. Those assets, including retail and commercial units, lost value and rental income fell, leading to a need to sell them to repay debts. Mulligan's main creditors are Pepper Finance, Everyday Finance DAC, Bank of Ireland, and a local Credit Union. He entered insolvency and engaged Personal Insolvency Practitioner Mitchell O'Brien.
The High Court has reserved its decision on a constitutional challenge brought by Alan Harte, who seeks to overturn his conviction and 30-year sentence imposed by the Special Criminal Court in 2021. Harte was sentenced for the serious harm and false imprisonment of Quinn Industrial Holdings director Kevin Lunney at a yard in Drumbrade, Ballinagh, County Cavan in September 2019. His legal team contests the constitutionality of Section 40 of the Offences Against the State Act 1939, which prevents disclosure of whether a Special Criminal Court conviction was unanimous or by majority decision. Counsel argued that the non-jury court's 2-1 majority threshold is inequitable compared to jury trials requiring ten-to-two verdicts and creates discrimination between accused persons tried in different court systems. The State respondents opposed the application, maintaining the legislation is constitutional. Justice Marguerite Bolger heard submissions on Thursday and will deliver judgment at a later date.
The High Court has ruled that Enoch Burke must pay Wilson's Hospital school for legal costs incurred during two pre-trial motions in their ongoing dispute. Mr Justice Brian O'Moore awarded the school its costs for bringing contempt proceedings after Burke resumed attending the premises in early January, and for his unsuccessful application to stay the full High Court hearing pending a Court of Appeal decision. The judge described Burke's claim of proper conduct as "self-praise that beggars belief," noting his refusal to comply with court orders for six months. The €700 daily fine for contempt, currently exceeding €30,000, was crystallised rather than increased or reduced. From March 23, the school is authorised to enforce these fines through measures such as asset sequestration. The judge rejected Burke's arguments that compliance violated his religious beliefs, stating he could have obeyed the injunction without such conflict. Burke's accusations that the school's counsel engaged in grave misconduct were deemed "utterly without justification." The full hearing of the action is scheduled for later this month. Burke was previously jailed for 108 days for contempt of High Court orders granted last September, which restrain him from attending the school following his suspension from his teaching post. He claims wrongful suspension due to his objections to a direction regarding a student's name and pronouns, alleging breaches of his constitutional rights and religious beliefs. The Court of Appeal recently dismissed his appeal against these injunctions.
In a High Court decision on 3 March 2023, Ms Justice Eileen Roberts dismissed a woman's application for an injunction that would have prevented her public‑sector employer from terminating her contract. The woman, whose identity is protected because of a medical condition, had worked for the entity for less than a year and had sued for wrongful dismissal and breach of contract. She sought an injunction to restrain the termination, to keep the employer from commenting on her performance, and to require continued payment of salary, benefits and pension. The court found that she had not presented arguments strong enough to succeed at a full trial, and that the injunction would be inappropriate at this stage. The judge noted the employer's claim that dismissal occurred within the probationary period and that the woman's performance was unacceptable. The court also granted reporting restrictions to protect the woman's anonymity, and the case will be heard again at a later date.
The High Court appointed Ken Fennell and Andrew O'Leary of Interpath Advisory Services as provisional liquidators for Marco Polo Network Operations (Ireland) Limited, a software firm that supplies online payment platforms to corporate customers. The appointment followed the collapse of a proposed US$12 million partnership with Bank of America, which had been negotiating a strategic alliance to replace the bank's internal account automation service. The company, which has been trading since 2016 and employs 91 people, now faces debts exceeding €5.2 million, with current liabilities outstripping assets by €2.5 million. Revenue is the largest creditor, owed €2.6 million. The liquidators were granted extensive powers to sell or preserve core assets, negotiate with employees, and manage the firm's business, with directors required to submit statements of affairs within 21 days. The matter was adjourned to early March.
The High Court appointed insolvency practitioner Declan McDonald of PWC as examiner to Tower Trade Finance Ireland Limited (TTFI) and Deal Partners Logistics Ltd (DPL). TTFI has a net asset deficiency of €10.1 million and DPL €9.5 million. Both companies suffered financial difficulties after the liquidation of JACC Sports Distributors, which had supplied sports kits to the FAI. TTFI provided trade finance through loans or purchasing goods and reselling them, while DPL raised funds from individual shareholders. Investors expressed concerns, with a straw poll showing a majority opposed to examinership. The judge noted that the companies owe creditors over €13 million and that an independent report suggested a reasonable prospect of survival if a scheme of arrangement is approved. The examiner has up to 100 days to prepare a survival scheme, and the matter was adjourned to early March.
In a 2023 High Court ruling, Mr Justice Alexander Owens held that more than €1 million in assets linked to Ross Browning, a senior member of the Kinahan cartel, were obtained from the proceeds of crime. The seized assets included cars, jewellery, designer watches, a horse‑riding arena complex in North County Dublin, a property in Garristown, lands in Rush, and a house on Deanstown Road, Finglas. Owens found that Browning's involvement in organised crime was "probable" and that the assets were acquired either directly or indirectly from criminal proceeds. He rejected most arguments from Browning's relatives about legitimate sources, noting that Browning's financial means between 2011 and 2017 were modest and could not support the purchases. The court also directed that certain relatives receive a share of the proceeds from the sale of seized properties, while confirming that the assets were indeed proceeds of crime.
The High Court was asked to appoint a provisional liquidator to investigate GWD Forestry Limited, a Dublin‑registered forestry company that allegedly received €30 million from investors and is insolvent. Investors and creditors are concerned that the company's attempts to enter voluntary liquidation were not carried out in accordance with Irish company law. A second creditors' meeting is scheduled for later in the week. Investor and creditor Mr Franco Bertellino petitioned the court to appoint Mr Declan de Lacey of PKF O'Connor Leddy Holmes as provisional liquidator to mitigate risks, including preventing any improperly convened creditors' meetings. Mr Bertellino claims he has not received any return on his investment and that a liquidator appointed at the creditors' meeting might be biased toward the directors. The application was heard by Mr Justice Brian O'Moore, who directed that the company be notified of the appointment request and adjourned the matter to Thursday's sitting. The court noted the urgency of the claim.
In an appeal-stage ruling, the High Court ordered teacher Enoch Burke to pay a daily fine of €700 for each day he refuses to comply with a court order to stay away from Wilson's Hospital secondary school. Mr Justice Brian O'Moore issued this decision on Thursday, granting Burke until the following day to decide on compliance. The judge noted that Burke had previously been jailed for 108 days for contempt but was released without purging the sentence. Following his release, Burke allegedly returned to the school campus on January 5th, claiming he was there to teach, despite being told he was in breach of the order. The school sought either asset sequestration or fines due to his repeated refusal to comply. Mr Justice O'Moore determined that a daily fine was the correct response to Burke's ongoing defiance, noting that returning him to prison was not immediately attractive and asset sequestration was unlikely to ensure compliance. The fine commences on Friday and may be increased if ineffective. The judge rejected Burke's arguments that the order breached his constitutional rights or criminalised his religious beliefs, stating that High Court orders remain valid until set aside by superior courts, where appeals are pending. The matter is adjourned for review on February 10th, with legal costs to be addressed separately.
The High Court ordered the extradition of a 38‑year‑old Irish man to Denmark on a rape charge. The offence was alleged to have occurred in Odense on 17 October 2022. A European arrest warrant was issued by a deputy judge at the Odense court on the same day, and the man was arrested by Gardaí at Dublin Airport after being identified on the Schengen Information System. Mr John Ferry BL, representing the Minister for Justice, confirmed that the Danish prosecution warrant was valid and that there was no issue with identity or certification. Judge Kerida Naidoo was satisfied that the minimum gravity of the charge was met and that the warrant was correct. He ordered the surrender of the respondent to Denmark, allowing him to remain on bail for up to 15 days with a €15,000 surety, and required him to surrender to Gardaí within 48 hours of the surrender date.
The High Court ruled that legal fees can be included in a Personal Insolvency Arrangement (PIA). The case involved Mary and Michael Daly, who were ordered to pay €179,000 in damages and €77,000 in legal costs to Mae Rae after their two Rottweiler dogs attacked her in 2012. The Dalys, claiming insolvency, sought to enter a PIA and included the legal fees but not the damages in their proposal. Mae Rae, represented by Gerard Nicolas Murphy BL, appealed, arguing that the fees should be treated like the damages and excluded under the 2012 Personal Insolvency Act. Mr Justice Alexander Owens dismissed the appeal, agreeing that the legal fees could be included as a debt in the PIA, while noting no order was made regarding the parties' application costs. The Dalys' PIA will be considered by the Circuit Court later.
The High Court approved Personal Insolvency Arrangements for Bernadette and Graham Canning, a separated couple in their mid‑fifties with four children, allowing them to write off over €2.8 million of debt. The Cannings had total debts of about €3.2 million, mainly to the Bank of Ireland, after their businesses failed in the early 2000s. The arrangements, each lasting 24 months, involve selling their family home in Monknewtown to an approved housing body, with the couple renting it back. Mrs Canning will pay a €5,000 lump sum, €1,000 of which goes to unsecured creditors, and the rest covers insolvency costs. Mr Canning will contribute €18,000, with €4,000 covering PIA costs and the remainder to unsecured creditors. Six acres of forestry owned by the couple will be transferred to the Bank of Ireland and sold. The court noted that the arrangements would benefit creditors more than a bankruptcy would, and approved them without objection.
The High Court ordered the extradition of 54‑year‑old Algerian Youcef Madani, also known as Abderrahmane Yahiaoui, to France. Madani, who lives in Ireland with partial blindness and a prosthetic eye, is a convicted forger and weapons trafficker linked to Islamic terrorism. He was convicted in absentia in 2001 and sentenced to six years for forging passports for Algerian immigrants and trafficking weapons from the Netherlands. Irish authorities arrested him in 2021 after he appeared on the Schengen Information System under his false name. The court rejected arguments that he would face inhuman treatment, lack of judicial authority for the French prosecutor, or denial of fair retrial and medical care. The judge confirmed that the offence was committed in France and the Netherlands, and that the French authorities had the power to issue an arrest warrant. The extradition order was issued with a condition that Madani surrender to Gardaí when contacted.
The High Court will decide next week on an application by Wilson's Hospital School to sequester or remove the assets of teacher Enoch Burke, who has refused to comply with a court order to stay away from the school. Burke, who was jailed for contempt for 108 days last year, claims the order breaches his constitutional rights and has no wrongdoing. The school, represented by Rosemary Mallon BL, seeks to sequester Burke's assets or fine him, citing his return to the school campus on 5 January after the Christmas break despite the order. Burke, representing himself, argues he was not disobeying a valid order and criticises the school's disciplinary proceedings, alleging they target his religious beliefs and opposition to transgendarism. The court will rule on the matter next week.
The High Court has adjourned a preliminary jurisdictional hearing in an application by Ezeon Entertainment Limited to set aside a Personal Insolvency Arrangement (PIA) granted to shareholder John O'Driscoll. The company, whose shareholders include rugby player Ronan O'Gara and businessman Michael O'Flynn, alleges the PIA was fraudulent and that O'Driscoll misappropriated over €15,000 in company funds. O'Driscoll denies all claims, stating he withdrew the money to repay debts he was owed and that the allegations are incorrect. Counsel for the respondent's Personal Insolvency Practitioner argued the High Court lacks jurisdiction, contending the matter should have been heard by the Circuit Court which originally granted the PIA in March 2022. Conversely, Ezeon's counsel argued the High Court does have jurisdiction. Mr Justice Alexander Owens stated the preliminary issue of jurisdiction must be decided first. He adjourned the matter for one week to allow the parties to exchange documents on this issue. The judge indicated he intends to fix a date for the hearing of the preliminary jurisdictional issue when the application returns before him next Monday. The court noted that O'Flynn previously lacked standing to overturn the PIA and that his appeal to the Supreme Court remains undetermined. O'Gara, who stated he was unaware of the PIA until media reports, expressed that he felt a material breach of trust had occurred, though he denied wishing to pursue a personal dispute.
In a High Court decision, Mr Justice Cian Ferriter awarded €2,500 in damages to each of three men—Fintan O'Farrell, Declan Rafferty and Michael McDonald—who had been unlawfully detained in Portlaoise Prison. The men, all from County Louth, had been arrested in 2001 while attempting to procure arms for the Real IRA and were extradited to England, where they pleaded guilty to conspiracy to cause explosions and received 28‑year sentences. In 2014 the Irish High Court found that the warrants transferring them from an English prison to Ireland were defective, as they referred to the full 28‑year term rather than the 18 years and 8 months they should have served under Irish remission rules. The court held that the men's continued detention on the basis of an invalid Irish order constituted false imprisonment, but noted that their conduct in serious terrorist offences limited their interest in liberty.
The High Court ruled that Enoch Burke, a history and German teacher, should be released from Mountjoy Prison despite his refusal to purge contempt of court. Judge Brian O'Moore said that keeping Burke in prison would only serve his perceived advantage and that the public should not pay for his wages and incarceration indefinitely. The judge noted that Burke had spent three and a half months in prison over his opposition to transgenderism and that his continued jailing would facilitate whatever he feels he is achieving by being in prison. O'Moore directed that Burke's release be open‑ended and not limited to the Christmas period, and that he remain at liberty until a further court order. The decision was made after brief submissions from Burke and from lawyers for Wilson's Hospital School, who had sought his imprisonment as a coercive measure. The case will return to court in the New Year.
The High Court approved a Personal Insolvency Arrangement (PIA) for 47‑year‑old John Maloney, a project manager in a development company, allowing him to write off over €3.4 million in debt owed mainly to Cabot Financial. Maloney had secured loans in the 2000s for various property development projects, including a nursing home and land development in County Cork, using personal guarantees. He has worked with creditors to manage debts and dispose of assets. Under the PIA, which lasts 12 months, Maloney will pay a lump sum of €35,000, of which €5,000 covers insolvency application costs, to creditors. The arrangement was presented by Personal Insolvency Practitioner John Butler, represented by Deirdre Miller BL, and the court found it preferable to bankruptcy. No objections were raised, and the PIA will enable Maloney to return to solvency upon completion.
The High Court on 19 December 2022 appointed insolvency expert Shane McCarthy as interim examiner for Silverpail Dairy Ireland Unlimited Company and its related entity, Havana Company Unlimited. The appointment was made in respect of the Siverpail Dairy group, which employs 82 full‑time staff and several contract workers in Fermoy, Co Cork. The court heard that the group, a major manufacturer of ice‑cream and Irish Cream Liqueur, has become insolvent and is unable to pay its debts. It owes €4.16 million to trade creditors and €2.46 million to Revenue, with other creditors including AIB Bank, Arrabawn Co‑Op, IPL Protech Performance Plastics and Carbery Food Ingredients. The court noted that the business has traded successfully for many years but has experienced financial difficulties due to reduced sales during the Covid‑19 pandemic and increased costs such as energy and commodity prices.
The High Court approved a Personal Insolvency Arrangement (PIA) for 44‑year‑old Tony Diskin, a property developer who had fallen into debt after the 2007‑08 economic crash. The PIA will allow Diskin to write off about €25 million of debt owed mainly to financial institutions, including Bank of Ireland, Cabot Finance and AIB. AIB had initially opposed the application, but its loan was sold to Everyday Finance, which did not oppose the PIA. The arrangement will be funded by a €30 000 lump sum from a third party, less fees, giving creditors a 0.1 % dividend. The PIA, lasting six months, will provide Diskin with adequate living expenses and allow him to retain his family home in Churchfields, Coosan, Athlone, Co Westmeath. The home, valued at €395 000, has a mortgage of €75 000 owed to KBC Bank, which will continue to be paid down.
In a High Court case, Mr Justice Mark Sanfey ordered Twitter to disclose details of accounts alleged to have posted defamatory tweets about journalists Aoife Moore and Allison Morris. The court granted disclosure orders for the 'Barbara J Pym' account to both reporters and for the 'Northern Whig' account to Morris. No orders were made for the 'Dolly White' account or for any retweets. Twitter, which declined to participate in the defamation dispute, argued the orders were burdensome, but the judge found the evidence justified disclosure. The court will await the outcome of the Twitter disclosure before deciding on any orders against Eoghan Harris, who denies the claims. The judge also rejected Twitter's 60‑day limitation and required the plaintiffs to pay Twitter's costs and ensure the information is used only for redress.
The High Court appointed joint provisional liquidators, Nicholas O'Dwyer of Grant Thornton Ireland and Stuart Preston of Grant Thornton UK, to Windhoist Ireland Limited, a firm providing mechanical and electrical services to wind turbine manufacturers. The appointment followed the parent company, Windhoist, a Scottish‑based part of Windlogix Group, entering administration and ceasing to provide funding and plant and machinery to the Irish entity. As a result, Windhoist Ireland, which has 17 employees and works on projects in Galway, Finland and Taiwan, became insolvent and could not meet its contractual obligations. The court noted that the company could not pay its debts, including €7 million owed to its shareholder, over €600,000 to Revenue, and €139,000 to trade creditors. The liquidators will oversee an orderly winding‑up, with most employees expected to be made redundant, and the case will return to court in December.
The High Court has approved a Personal Insolvency Arrangement allowing a former property developer to write off approximately €170 million in debt. The 55-year-old developer, based in County Cork, established a property investment and development company roughly two decades ago, which accumulated significant liabilities following the 2008 economic downturn. Creditors including NAMA, Ulster Bank, Pepper Finance, Link Finance, and private individuals were owed substantial sums. Under the approved arrangement, the debtor will provide €80,000 to creditors, who will receive minimal returns on unsecured debts. Two properties located in Bundoran, County Donegal, and County Tipperary will be surrendered to secured creditors. The arrangement, which lasts twelve months, was supported by the clear majority of creditors at a meeting, with only one institution opposing it. Mr Justice Alexander Owens approved the arrangement, noting creditors will receive considerably better terms than if the debtor were declared bankrupt.
The High Court has ruled that 14 luxury watches valued at €152,000, €22,000 in cash, and a mobile home are proceeds of crime. Mr Justice Alexander Owens made the order under the 1996 Proceeds of Crime Act regarding assets seized by the Criminal Assets Bureau from Jason Reed, Thomas Rooney, and Catherine Dawson. The applications were unopposed. The assets were seized following a Garda investigation into an international gang involved in illegal drugs and firearms trafficking. The three individuals were previously convicted of laundering over €400,000 for a criminal organisation after being observed exchanging large sums of cash in Drogheda in May 2020. Last year, Jason Reed, from Dunshaughlin, Co Meath, was sentenced to seven years' imprisonment by the Special Criminal Court for money laundering offences. Thomas Rooney, of Bettystown, Co Meath, received a six-year sentence for the same offences. Catherine Dawson, a former partner of Rooney's, received a fully suspended sentence of three years and nine months after pleading guilty to money laundering offences. The court appointed a receiver to sell the non-cash assets, noting that the respondents' financial profiles did not account for the legitimate acquisition of the property.
In a High Court ruling, Mr Justice Alexander Owens declared that assets linked to convicted drug dealer and DJ Adam Keatinge—including his Co Kildare home, cash, and several gold bars—were proceeds of crime. Owens described Keatinge as heavily involved in criminal operations, noting his 2012 prison term for drug possession with intent to supply. The Criminal Assets Bureau seized the assets in 2018 after a 2016 PSNI stop of a van containing Keatinge and others, uncovering €60,000 in cash and items such as phones that revealed discussions of cocaine trade and weapon possession. CAB sought orders under the 1996 Proceeds of Crime Act for the home, gold bars, and cash held with Western Union. Keatinge and co‑respondents denied the claims, asserting legitimate income sources, but the judge rejected these explanations as implausible and granted the orders against Keatinge and the other respondents. The decision affirmed that the assets were acquired through criminal activity.
The High Court on 15 November 2022 appointed joint provisional liquidators to LMC MEP Ltd, a mechanical engineering firm that had fallen into financial distress. The court heard that the company's difficulties were caused by the Covid‑19 pandemic and "extraordinary" price inflation in construction materials, which had increased the cost of a major house‑building project in Dublin by €1 million, making the contract "disastrously loss‑making". LMC MEP Ltd has a negative net asset position of more than €6.66 million and owes over €3.5 million to trade suppliers, with additional debts to Revenue and other group entities. The firm had entered a €10 million contract with BAM for a hotel and 412 apartments in Newmarket Square, Dublin 8, but inflation added €1 million to its costs, rendering the contract loss‑making.
The High Court ordered a Criminal Assets Bureau receiver to take control of a west Dublin property near Tallaght that was deemed to be the proceeds of drug‑trafficking by cartel boss Daniel Kinahan. The receiver, Mr Kevin McMeel, was appointed under Section 7 of the Criminal Assets Bureau Act to sell the house on the open market and manage the €3,850 found there. The property, a five‑bedroom house at Coldwater Lakes in Saggart, was valued at €750‑800k in 2013 and was found uninhabited when CAB visited on 25 October 2022. No respondent claimed ownership. The receiver will hold the sale proceeds in a nominated bank account and, after seven years, the funds will be forfeited to the State. The court noted that CAB had served papers on Kinahan and Thomas Kavanagh, who were aware of the proceedings but had not contested the order.
The High Court approved a Personal Insolvency Arrangement (PIA) for 41‑year‑old Gerard Conlon of Farndreg, Coxes Demense, Dundalk, Co. Louth, allowing him to write off about €900,000 of debt owed to Pepper Asset Servicing. Conlon, a former self‑employed retail businessman whose shop closed in 2019, entered the insolvency process after borrowing to buy properties between 2000 and 2008, which later fell in value and were repossessed. The PIA, lasting 15 months, lets Conlon remain in his family home and continue paying his mortgage for 29 years, as well as payments to Revenue. A €8,800 third‑party contribution and a property in Dundalk will fund the arrangement, and a small amount will be paid to unsecured creditors. The court, presided over by Mr Justice Alexander Owens, found no objections to the PIA and noted creditors would benefit more than if Conlon were declared bankrupt.
An injunction has been sought in the High Court to prevent the administration of Covid-19 vaccines or booster shots to children aged between five and 11 years until 'full information' about alleged risks is made available to the public. The action was brought by Sharon Browne and David Egan against the Taoiseach Michael Martin, Minister for Health Stephen Donnelly, the HSE, and former Chief Medical Officer Dr Tony Holohan. The applicants claim the injunction is necessary to protect children's rights and assert that alleged vaccine harms breach the Irish Constitutional Right to bodily integrity. The State and HSE oppose the action, represented by David Leahy SC, who deny claims about vaccine safety. Ms Browne alleges her mother died in 2021 from adverse effects of the vaccine, while Mr Egan claims to have gathered global evidence suggesting vaccine harm. Both claimants state their action is motivated by concerns for younger and vulnerable people. The applicants also sought pre-trial motions, including an amendment to the proceedings and a protective costs order. The matter was briefly before Mr Justice Brian O'Moore on Monday, who adjourned the case to a date in December to allow clarification of technical matters.
In a High Court decision on 10 November 2022, Justice Siobhan Phelan upheld the Minister for Justice's refusal to grant an Ethiopian man a visa for family reunification with his wife, a naturalised Somalian-born Irish citizen. The judge found no grounds to overturn the Minister's decision, citing deficiencies in the documentation submitted to the Irish National Immigration Service. The couple, who met online and married in 2018, had a traditional ceremony in Ethiopia in 2019 and lived together for several months before the husband applied for a visa under the family unification scheme. The refusal was based on insufficient evidence of the couple's family life, lack of passport copies, incomplete travel records, and concerns over the woman's name spelling and accommodation proof. The court advised the couple to resubmit their application with updated, complete documentation, noting that significant new information had not been properly considered in the original refusal.
In a High Court judgment on 9 November 2022, Mr Justice Alex Owens dismissed a test action brought by businessman Andrius Bogusas challenging Ireland's ban on the sale of any products containing THC. The court found that the evidence showed THC's dangers and that the current regulatory regime was justified. Mr Bogusas, who sought to import and sell hemp‑oil products with less than 0.2 % THC, was not entitled to rely on EU law or the Treaty on the Functioning of the EU to override Ireland's 1977 Misuse of Drugs Act. The judge noted that Ireland and other member states are bound by the 1971 Convention on Psychotropic Substances, which precludes permitting such products. The action was also found to have been filed outside the three‑month statutory time limit, and the court was not satisfied that an extension was justified. The case was dismissed with no orders granted.
The High Court set aside a second Sectoral Employment Order (SEO) that established pay and conditions for electrical workers after a judicial review by the National Electrical Contractors of Ireland (NECI). NECI, represented by Helen Callanan SC and instructed by HG Carpendale Solicitors, argued that the SEO, which began in February, was flawed because the Labour Court had not properly considered NECI's submissions and because the conditions it imposed could not be complied with. NECI also claimed that Ireland lacked pension, sick pay and death-in-service schemes that met the SEO's requirements. The court, after hearing the case, agreed that an order could quash the SEO, struck out the proceedings and awarded costs to NECI. The decision follows earlier Supreme Court rulings that found the Minister had acted beyond his powers in a 2019 SEO for electricians, leading to a revised, approved SEO for the sector.
In a High Court appeal-stage matter, Davy Fitzgerald, represented by Ronnie Hudson BL and solicitor Max Mooney, contested proceedings brought by Pepper Finance and receiver James Anderson against him and his sister Helen Fitzgerald. The plaintiffs sought possession of a property in Sixmilebridge, Co Clare, where Helen resides. Fitzgerald claimed he was a victim of fraud by former ACC Bank official Kevin Jarlath Mitchell, who was jailed in April 2013 after pleading guilty to theft, obtaining cash and a cheque under false pretences, and falsifying a DIRT compliance certificate between January 1993 and February 2012. Mitchell's four-year sentence was later halved on appeal. Fitzgerald alleged Mitchell falsely added his name to Portuguese mortgage documents and that €45,000 in deposits is unaccounted for. He argued that Pepper Finance, described as a vulture fund, was preventing him from redeeming a €200,000 mortgage by demanding an unjustified €25,000 interest surcharge. Deputy Master John Glennon initially struck out the case due to the plaintiffs' non-appearance. However, after the plaintiffs requested reinstatement, citing a brief delay, and Fitzgerald's counsel opposed, Glennon stated he lacked the power to reverse the decision without party consent. He noted the matter would likely be reinstated on appeal or re-issued, effectively leaving the case unresolved and subject to further procedural steps.
The High Court ruled that over 1,100 documents seized from the FAI by the ODCE are not protected by legal professional privilege and may be used in the ODCE's criminal investigation of the association. Mr John Delaney, former FAI CEO, had argued that the documents were privileged, but the judge, Ms Justice Leonie Reynolds, found he had failed to meet the burden of proof and had not provided sufficient evidence to support his claim. She directed that all outstanding documents be disclosed to the ODCE, noting that publication or disclosure of material obtained under the ODCE's search warrant to anyone other than a competent authority is a criminal offence. The decision was made mindful of the Act's provisions, and it is not yet known whether Mr Delaney will appeal. The ruling allows the ODCE to use the material in its ongoing probe, which seeks to determine whether a formal criminal prosecution is warranted.
The High Court granted the Criminal Assets Bureau a Section 3 order to seize a five‑bedroom luxury mansion in Saggart, west Dublin, which the court deemed to be proceeds of crime linked to cartel boss Daniel Kinahan, 45. The property, valued at €750,000 in 2013 and likely worth more now, was described as "effectively owned" by Kinahan. In an affidavit, Detective Chief Superintendent Seamus Boland alleged that Kinahan sanctioned several murders in the Hutch/Kinahan feud and was involved in drug trafficking, weapons importation and money laundering. CAB presented evidence that Kinahan had lived in the house, including a passport and a Ryanair boarding pass in his name, and that €3,850 in cash was found in a hidden compartment. The court was satisfied that Kinahan and Thomas "Bomber" Kavanagh were in control of the property and the cash, that they had been duly served, and that no evidence of a contrary claim was presented.
In a High Court case, French film star Dany Boon has been allowed to add several new defendants to his fraud claim. Boon alleges he is the victim of a multi‑million‑euro fraud orchestrated by Thierry Fialek‑Birles, who he says uses a network of companies across the West Indies, the United States, Monaco and Ireland. The new defendants include US‑registered American Sail & Motor Navigation Inc, Amalgamated Plantations Company Ltd (British Virgin Islands), Asia Monaco Investments Ltd (Lusk Co Dublin), Asia Monaco (Monaco), Sail & Motor Navigation Company Limited (Antigua and Barbuda), and several Irish‑registered entities such as South Sea Merchant's Mariners Ltd Partnership, Hibernian Petroleum Limited Partnership, United Irish Estates Limited, Hibernian Yachts Company Limited, and Samoa‑registered United Far East Oriental Holdings (Samoa) Ltd. Boon's lawyers seek freezing and disclosure orders against these parties, following a prior freezing order that prevented the defendants from reducing assets below €6 million.
The High Court has permitted the mother of murdered boxer Kevin Sheehy to proceed with a judicial review challenge against the Minister for Justice's decision to allow his killer's transfer to a UK prison. Tracey Tully contends that the proposed repatriation of Logan Jackson, who is serving a life sentence in Limerick Prison for Mr Sheehy's murder, breaches her rights as a crime victim under the 2017 Victims of Crime Act. Ms Tully argues that such a transfer would extinguish her entitlement to be consulted on future parole applications. Justice Siobhan Phelan found that Ms Tully had raised arguable grounds concerning victim protections and satisfied the legal threshold for the case to proceed. The matter will return for full hearing in October. Mr Sheehy died following an incident on Longford Road in 2019. Jackson, from Coventry, was convicted of murder at the Central Criminal Court and subsequently sought repatriation to England.
The High Court has extended an injunction preventing trespass and occupation at a bay within Shannonside View Traveller Group Housing Scheme in Carrick-on-Shannon, County Leitrim. Mr Justice Conor Dignam granted the extension on Friday following submissions from counsel for Leitrim County Council. The initial injunction was secured last month against three named individuals alleged to have unlawfully occupied the derelict bay with caravans after cutting through a locked barrier. The council raised concerns regarding health and safety risks associated with the bay's sewage and electricity infrastructure. Counsel informed the court that the occupants have since vacated the property, though their current whereabouts remain unknown. The council sought the extension due to apprehension that others may attempt occupation of the bay whilst it remains closed and unsafe. The scheme comprises fourteen allocated bays for which families are on a waiting list. The injunction will remain in force until the final hearing of the action. The defendants retain liberty to apply to the court.
In a High Court judgment, Mr Justice Cian Ferriter quashed the Minister for Justice's decision to cancel a Pakistani man's residency permit, which had been based on a finding that he had entered a marriage of convenience and had fraudulently submitted false information. The judge found no material indicating that the information was fraudulent or that a forged marriage certificate had been presented. He noted that the Minister's decision suffered from two infirmities: a lack of evidence of fraud and a failure to properly engage with the evidence and submissions regarding the alleged marriage of convenience. Consequently, the decision was invalidated, and the man's application for a residency card was remitted back to the Minister for a fresh determination. The judgment focused solely on the procedural shortcomings of the Minister's decision and did not address the merits of the marriage‑of‑convenience allegation. The man's case was brought in 2021, and the court's ruling was issued on 21 June 2022.
The High Court granted a temporary injunction on an ex-parte basis, preventing Brian McDonagh from trespassing on or interfering with 82 acres of land at Mount Kennedy, Kilpedder, Co Wicklow. The order was made in favour of Fane Investments Limited, which alleges that McDonagh, a former owner, is obstructing access to the property, which has planning permission for a data centre. Ms Justice Nuala Butler issued the order after being satisfied by the evidence presented. Fane Investments, represented by Frederick Gilligan BL, claims it acquired the land from Ulster Bank in 2021 and leases it to local farmers. Counsel alleged that McDonagh has repeatedly cut gate locks, replaced them with his own, parked vehicles to block access, and acted aggressively towards agents. It was further alleged that McDonagh claimed ownership in correspondence and threatened to report interference with livestock to the Gardaí. Counsel noted that while McDonagh and his brothers Maurice and Kenneth were involved in lengthy proceedings with Ulster Bank, that action was resolved in favour of the bank by the Court of Appeal last April. The current injunction proceedings will return before the High Court later this month.
The High Court declared a subsection of the 2006 Criminal Law (Sexual Offences) Act unconstitutional, ruling that the law's 'honest belief' defence, which required a civil‑standard proof of reasonable mistake about a child's age, violated Article 38.1 of the Constitution. The judge held that imposing a balance‑of‑probabilities burden on an accused in a criminal trial contravenes fundamental fairness and the presumption of innocence. The decision arose from a challenge by a 23‑year‑old prisoner, convicted of an offence involving a child under 16, who had been jailed for one year and ten months. The court noted that, under the invalid subsection, a jury could convict even with reasonable doubt. The ruling will be formalised in a later order. The prisoner remains in custody until 2025.
The High Court has quashed An Bord Pleanála's decision to grant planning permission for 300 apartments and housing units in Monkstown, south Dublin. In a judgment delivered on Tuesday, Mr Justice David Holland found that the board erred in accepting the developer's Environmental Impact Assessment (EIA) Screening Report, which failed to adequately describe the development's environmental effects. Consequently, the board could not lawfully determine that a full EIA was unnecessary. The judicial review was brought by the Monkstown Road Residents Association and three individual applicants: James Barry, a retired Dublin city sheriff; Bairbre Stewart, a chartered accountant; and Christopher Craig, a social entrepreneur. They challenged the permission granted to Lulani Dalguise Ltd for eight apartment blocks and 22 houses on a 3.6-hectare site at Dalguise House. The applicants alleged errors regarding the EU Habitats Directive, bathing water quality, and building height guidelines. While the court dismissed most other grounds, it held that the board failed to provide adequate reasons for finding insignificant effects on cultural heritage and improperly relied on specific planning policy requirements concerning height. The judge confirmed that the proposed development materially contravened Dun Laoghaire Rathdown's building height policy. The permission was therefore quashed, and the matter is concluded with this decision.