The High Court has dismissed a barrister's bid to strike out a negligence action brought by broadcaster Gemma Ní Chionnaith. Ms Ní Chionnaith, who has worked for TG4 and Radio Na Gealtachta, sued Co Galway barrister John Fahy and the National Union of Journalists over their handling of an unsuccessful unfair dismissal claim she brought against RTE. The parties deny all allegations. Ruling on a pretrial motion seeking to strike out the claim on grounds of delay, Ms Justice Siobhan Phelan stated there was no proper basis to dismiss the proceedings at this stage. The broadcaster's damages claim stems from advice allegedly received regarding a 2010 Unfair Dismissals action arising from her time with Radio Na Gealtachta. She claims Mr Fahy advised her she had acquired the right to a contract of indefinite duration but failed to advise her to secure that right under the 2003 Protection of Employees Act. Consequently, she launched an unfair dismissal claim in June 2010, which was rejected by a Rights Commissioner in 2011 as out of time. A subsequent application for an extension of time was refused in January 2012. Ms Ní Chionnaith alleges negligence by both defendants. In her judgment, Ms Justice Phelan acknowledged inordinate delay but ruled that the balance of justice favoured the case proceeding to a full hearing, noting the action was not particularly witness-dependent. The court awarded Ms Ní Chionnaith her costs of the motion.
The High Court has dismissed the appeal of an unnamed gay man who challenged a decision denying him international protection and asylum status in Ireland. The man, who arrived in Ireland from Georgia in 2018, had his application for international protection refused by the International Protection Office (IPO). His appeal to the International Protection Appeals Tribunal was upheld, and he subsequently brought judicial review proceedings in the High Court, arguing that the Tribunal's findings were irrational. The application was opposed, and Mr Justice Anthony Barr dismissed the challenge, stating that it was brought outside the legal time limits. The judge noted that the IPO found the applicant provided contradictory accounts regarding his relationships, work, and education, and made adverse findings about his knowledge of Identoba, a pro-LGBTi group. The IPO also concluded there was no well-founded fear of persecution or risk of torture if the applicant was returned to Georgia, citing Georgia as a safe country for individuals of his sexual orientation. The applicant's legal team argued the delay in bringing the challenge was due to the counsel's other commitments, but the judge found the reasons for the delay lacked detail and ruled that the court would not extend the time limit. The judge also rejected the claim that the Tribunal's decision was irrational or breached fair procedures, stating the conclusions were lawful.
The High Court has approved a Personal Insolvency Arrangement enabling a 59-year-old building foreman from Blacklion, County Cavan, to write off approximately €19 million in debt. Mr Justice Mark Sanfey granted approval to the arrangement on Monday, following an application by the man's Personal Insolvency Practitioner. Under the terms of the PIA, creditors including Bank of Ireland, AIB, the Revenue Commissioners, Start Mortgages and Everyday Finance will receive a lump sum of €10,000 over three months. The man's principal private residence and a BMW X5 vehicle used for work will be retained, with the mortgage to be restructured. AIB initially objected to the arrangement but subsequently withdrew its opposition. The practitioner stated that approval represented a better outcome for creditors than bankruptcy proceedings and would permit the debtor to resolve his indebtedness.
The High Court has directed that an application by Alan Harte, who was convicted of kidnapping and torturing Quinn Industrial Holdings director Kevin Lunney, must be served on the Director of Public Prosecutions. Harte, aged 41, was sentenced to thirty years imprisonment by the Special Criminal Court in 2022 for the offence committed in Ballinagh, County Cavan in September 2019. His application seeks to challenge the constitutionality of Section 40 of the Offences Against the State Act 1939, which prevents disclosure of whether a Special Criminal Court verdict is unanimous or by majority decision. Harte's legal team argues this provision breaches constitutional guarantees of equality and the requirement that justice be administered in public. Mr Justice Charles Meenan indicated the application has limited merit but directed that any leave application proceed in the presence of the DPP's legal representatives. The matter has been adjourned to May.
The High Court has ordered the extradition of Kane Hull to the UK to face trial for the alleged murder or manslaughter of Ryan Kirkpatrick in Carlisle in 2021. Ms Justice Caroline Biggs rejected arguments that the extradition warrant lacked clarity, noting that murder and manslaughter are presented as direct alternatives for a UK jury. She confirmed that both offences carry a maximum life sentence in the UK. The warrant alleges Hull stabbed Kirkpatrick up to four times, an act captured on CCTV, and that he and co-accused Liam Porter returned to the scene wearing masks. Police allege the pair fled in a vehicle later found burned out, using a stolen car to travel to Northern Ireland before being arrested in County Mayo. Ms Justice Biggs remanded Hull in custody for a period of not less than 15 days, with a further period not to exceed 10 days, to allow time for the extradition to be arranged. Separately, on February 18, the High Court ordered the surrender of co-accused Liam Porter. It is alleged Porter assisted Hull by alerting him to Kirkpatrick's presence and was present when the vehicle was burned out. In the UK, assisting an offender carries a maximum of 10 years' imprisonment.
In February 2022 a man brought a defamation claim against a charitable organisation after an allegation that he sexually abused a vulnerable female relative was made during a March 2019 meeting. The man, who says the allegation is wholly untrue, claims it was defamatory and that the organisation's representative said the woman had "a baby in her tummy", had miscarried and that the applicant was responsible. He alleges the remark made him appear criminal and damaged his reputation. The organisation denies defamation, stating the words were part of a report in the woman's file and that it had a duty to inform the family and HSE representative. The High Court heard a pre‑trial application for discovery of documents, including the report and any notes, and ordered the organisation to provide the material within six weeks. The case remains pending.
In a High Court decision, Mr Justice Cian Ferriter struck out the medical negligence claims of a couple against the estate of a deceased medical consultant. The couple had sued the estate and several other parties, alleging that misreported cervical smear tests and a misreported histology sample had caused the woman's cervical cancer and subsequent complications. The claims were brought outside the statutory two‑year period. The judge noted that the estate's personal representative was joined to the action more than two years after the consultant's death, making the claims time‑barred. Both the woman's and her husband's actions against the late consultant's estate were therefore dismissed. The decision highlighted the lack of unconscionable conduct by the estate and the difficulty the plaintiffs faced in discovering the necessary information before the deadline.
In a High Court preliminary hearing, Mr Justice Charles Meenan is asked to decide whether a judge who voted in March 2021 to adopt new personal injury guidelines should recuse themselves from hearing a case brought by Ms Bridget Delaney of Co Waterford. Ms Delaney, represented by Feichin McDonagh SC and Dermott Cahill SC, seeks a judge who did not take part in the vote to hear her case, arguing a perception of bias. The State, represented by Eoin McCullough SC, argues that all judges appointed after the vote are members of the Judicial Council, and that no division of the Supreme Court or Court of Appeal could hear an appeal on the matter. The Judicial Council has taken a neutral stance. Mr Justice Meenan has reserved judgment and will issue a written ruling soon, with other preliminary matters to be addressed next week.
The High Court adjourned surrender proceedings for Liam Porter and Kane Hull, two British men accused of murder or manslaughter in the 2019 fatal stabbing of Ryan Kirkpatrick in Carlisle. Ms Justice Caroline Biggs deferred both cases to February 17, when she hopes to make an order. The defendants, represented by Michael Bowman SC and Tom Horan BL, argued that the UK warrants lacked clarity, specifically contending that a single factual narrative could not support two distinct charges. Mr Bowman further challenged the additional charge against Mr Porter for assisting an offender, alleging he merely left the scene with Mr Hull, and argued this did not meet the threshold for a corresponding offence under Irish law. The State, represented by Ronan Kennedy SC and Tom McGillicuddy BL, maintained that the warrant was clear and that the manslaughter charge was an alternative to murder, which a UK jury might consider. The warrant notes that murder and manslaughter carry a maximum life sentence in the UK, while assisting an offender carries a maximum of 10 years. The court did not conclude the matter, instead adjourning it to allow time for the judge to determine the appropriate order.
The High Court ordered the extradition of Farah Damji, 55, to the United Kingdom where she is wanted for fleeing a trial. Damji fled to Ireland in February 2020 during a UK trial and was convicted in her absence of two breaches of a restraining order. She was arrested in Dublin in August 2020 after a bench warrant was issued. At the High Court hearing before Mr Justice Paul Burns, Damji, who is recovering from Covid and has been diagnosed with complex PTSD, argued that surrender would return her to the same prison she had complained about. The judge said the grounds were insufficient and that she would serve only a short period in the UK. Damji's counsel applied for a postponement of the surrender to allow her to contest charges in Ireland, but the judge refused. Damji was remanded on bail to appear on Monday for an application to appeal the surrender.
The High Court lifted a 'super injunction' that had barred media coverage of a case involving an employee of the Child and Family Agency (CFA). The employee had obtained a temporary injunction before Christmas to prevent the CFA and the human‑resources firm Acrux Consulting from approving, releasing or publishing a preliminary report that contained adverse findings against him. He argued the investigation was flawed and that the findings were unfounded. The injunction, granted under Section 45 of the 1961 Courts (Supplement Provisions) Act, aimed to protect the employee's reputation and keep the investigation confidential. Mr Justice Senan Allen ruled that while the case could be reported, the employee could not be identified in the media. The order was amended to allow limited reporting by the CFA's CEO and a few officials, and the matter was adjourned to February.
In a High Court decision on 21 January 2022, Mr Declan Ganley was awarded half of his legal costs for his challenge to the Covid‑19 restrictions that banned attendance at religious services. Judge Charles Meenan ruled that Ganley had raised matters of general public importance, notably the balance between the right to worship and public health. While the court did not decide the merits of the case, it held that the State must "readily explain" and "readily justify" any regulations that restrict public worship. The judge therefore ordered the Minister for Health to pay 50 % of Ganley's six‑figure legal costs. Ganley's action had previously been dismissed as moot after the Level 5 restrictions expired on 1 December 2020, but the cost ruling was made separately.
The High Court has set a date for a preliminary hearing in the lead challenge against new personal injury guidelines. Mr Justice Charles Meenan determined that a fundamental issue must be resolved first: whether a judge who participated in the 2021 judicial council vote to adopt the guidelines should recuse themselves from hearing the case. This motion, brought by applicant Bridget Delaney, is scheduled for a two-day hearing starting February 9. Ms Delaney, represented by Feichin McDonagh SC, seeks the recusal of any judge who voted on the guidelines. The State, represented by Catherine Donnelly SC, opposes this motion and has raised concerns about the Delaney action serving as the lead case, suggesting a more advanced challenge should take precedence. However, the judge prioritized the recusal issue. All other preliminary issues in Ms Delaney's case and the other challenges were adjourned to February 16. Ms Delaney's judicial review proceedings against the Personal Injuries Assessment Board (PIAB), the Judicial Council, Ireland, and the Attorney General seek to quash PIAB's assessment of her claim and the Council's decision to adopt the guidelines. She alleges PIAB acted outside its powers and breached her rights to natural and constitutional justice. The claims are denied by the respondents.
In a High Court decision on 13 January 2022, Mr Justice Max Barrett approved the adoption of a non‑national teenager by the woman who had cared for the child for many years after the child's birth mother died. The teenager, who arrived in Ireland with their mother over a decade ago, lost both parents shortly after arrival – the mother after giving birth to another child, and the newborn infant also died. The teenager had lived with an Irish foster mother for many years and both the child and the foster mother expressed a wish for adoption. The Adoption Authority of Ireland applied to the court for an order, noting that the identity of the child's father remained unknown and that no father had come forward to claim guardianship. The court found that all reasonable efforts to locate the father had been made and, given the lack of information, decided that the adoption could proceed without the father's consultation.
The High Court has granted Friends of the Irish Environment permission to pursue judicial review proceedings challenging Roscommon County Council's approval of a flood relief scheme. The council is constructing a three-kilometre pipeline to transfer water from Lough Funshinagh, a designated Special Area of Conservation near Athlone, to Lough Ree, to mitigate severe flooding affecting nearby residents. FIE contends the council's October decision to approve the works under emergency provisions was unlawful and breaches EU environmental directives, as it proceeded without conducting required environmental impact assessments. The organisation also claims the scheme contradicts the Roscommon Development Plan. Mr Justice Garrett Simons imposed a temporary stay on further construction until January 14th, when the court will determine whether to maintain the suspension pending full resolution of the challenge. Approximately fifty-seven per cent of the pipeline has been completed. The council intends to seek lifting of the stay and aims to complete the works by March next year.
The High Court has set aside certain convictions and suspended sentences imposed on a Department of Agriculture official in relation to animal carcass disposal breaches. Bernard Kilgariff, aged 64, of Bricklieve, Castlebaldwin, County Sligo, was convicted before Sligo District Court in June 2021 of animal welfare offences spanning several years. He pleaded guilty to charges including animal neglect, welfare breaches, and failure to have animals tested for tuberculosis and bovine viral diarrhoea since 2016. The District Court imposed a four-month suspended sentence on carcass disposal charges and fines on testing matters. However, the Minister for Agriculture sought judicial review, arguing the judge erred in imposing a custodial sentence for offences that carried a maximum fine penalty only. Mr Justice Charles Meenan granted the orders quashing the convictions and sentences relating to the 2015 Disposal of Carcases Regulations breaches. The remaining orders, including a five-year disqualification from holding a herd number, remain valid.
The High Court at Letterkenny has ordered the extradition of a 36-year-old man to face serious charges in the United Kingdom. Oliver Lown, formerly residing in Ipswich, Suffolk, is wanted by UK authorities on twelve counts, including alleged sexual activity with animals, making child abuse material, perverting the course of justice, and drugs offences. Mr Justice Paul Burns dismissed legal arguments against the extradition warrant, rejecting submissions that the European Arrest Warrant system was flawed following Brexit arrangements. The judge found the warrant and supporting documentation from UK prosecutors sufficiently clear and reliable. Mr Lown will be surrendered on all charges except one count of possessing extreme pornographic material, which has no equivalent Irish offence. He was remanded in custody for a minimum of fifteen days before his surrender within a subsequent ten-day period. A pending drugs-driving charge at Letterkenny District Court was deemed insufficient grounds to delay the extradition process.
Two men who arrived in Ireland on fake passports and are now seeking asylum were held in a Dublin hotel after being released from prison. They claim they were unlawfully detained there, while the State says they were placed in quarantine due to Covid‑19 and that the stay exceeded five days because of a lack of space at asylum accommodation centres. The men, aged in their thirties, were detained at Dublin airport in September after attempting to enter the country on fake Israeli passports. They were remanded in custody, then applied for asylum, fearing persecution if returned to their native country. On 30 November they pleaded guilty to charges related to the fake passports and received one‑month prison sentences suspended on conditions, including engagement with the State's International Protection Offices.
The High Court dismissed a former hospital worker's claim that her rights were breached when her employer refused to allow her to work from home due to the 'high risk' Covid‑19 risk to her health. Judge Miriam O'Regan found no irrationality or unreasonableness in the decision and that the claim was a private law matter, not subject to judicial review. The woman, who worked at a Dublin hospital for about 15 years until April 2020, had been isolated after a colleague tested positive and was deemed fit for work by the HSE after 14 days. She argued that doctors advised her to stay home and submitted specialist reports, but the employer said her medical status did not warrant 'cocooning' and she was not high risk. She remained out of work, exhausted sick pay, and retired in October 2020 at age 65.
The High Court, by Mr Justice Charles Meenan, granted a temporary stay on an ethics investigation into Kerry County Councillor Breandan Fitzgerald of Dingle, who represents the Castleisland‑Corca Dhuibhne area. The investigation, initiated by a complaint earlier in the year, concerns Fitzgerald's vote on a draft local area plan for Corca Dhuibhne. Fitzgerald denies wrongdoing, claiming no interest in the lands and that he had previously abstained on related votes due to family connections. The investigation was originally conducted by the council's Cathaoirleach Jimmy Moloney and Chief Executive Moira Murrell, but the court found the Cathaoirleach's involvement conflicted with the rules. Fitzgerald's counsel, Elizabeth Murphy, intends to seek judicial review to halt the investigation, arguing the CEO's continued participation breaches fair procedure. The stay will remain until the matter returns in two weeks, with the option for the respondent to apply to lift it on 48‑hour notice.
The High Court issued an injunction ordering unknown occupants of a Dublin 4 property at Pembroke Cottages to vacate immediately. The property, owned by the late Mr Declan Gorman, was to be sold and proceeds distributed by executor Mr David Burke. Auctioneers could not access the house in September because it was occupied by unknown persons, who had never received permission from the estate. Mr Justice Senan Allen confirmed the estate's right to possession and required the occupants to surrender vacant possession, refrain from trespassing, and not interfere with the estate's ability to take possession. The injunction was unopposed and no representation was made by the alleged occupants. The court noted that the property was not insured and that the executor feared possible construction work that could damage the house's structure, water, and electricity supplies. The injunction also barred the occupants from interfering with the estate's efforts to secure the property.
In a High Court decision on 16 November 2021, Mr Justice Mark Sanfey refused to approve a Personal Insolvency Arrangement (PIA) for Mr Daniel Drew, a single businessman in his mid‑forties who operates a petrol and convenience store in Turner's Cross, Cork. The judge held that the court had no jurisdiction to consider the PIA, which had been rejected by Mr Drew's creditors in 2019. Mr Drew's debts exceeded €3 million, and the proposed PIA would have lasted six months, allowing him to retain a Rosegreen, Cashel property and pay creditors a €42,000 lump sum. The judge found no evidence that Mr Drew resided at the Rosegreen house at the time of the proposal, contrary to his sworn statement, and dismissed the PIP's application to confirm the arrangement. The decision noted the PIP's attempt to vary the PIA to 72 months and include rent payments, but the court declined to approve the proposal.
Outbreaks of Covid‑19 across the prison network caused disruption to criminal cases in the High Court. A prisoner from Cloverhill was not produced, with the barrister citing a 'lockdown' at the prison. A prison officer reported that outbreaks had occurred in every prison, noting that Wheatfield was the only site still accepting inmates and that officials were meeting to decide further action. The judge, after inquiries, adjourned the matter and later remanded the prisoner back to Mountjoy, stating that a usual order could be made once more information was obtained.
The High Court quashed two suspended prison sentences that had been imposed on a 17‑year‑old boy who admitted stealing electrical goods worth about €400 from a supermarket in the West of Ireland. The sentences, each four months of imprisonment, were to run consecutively and were suspended for two years. The Director of Public Prosecutions, represented by Niall Nolan BL, argued that the sentences were unlawful because the boy is a minor under the 2001 Children Act, and that a minor may be sentenced to detention but not to imprisonment, and that a 2017 Court of Appeal decision bars suspended sentences for minors. Mr Justice Anthony Barr agreed to quash both sentences and remitted the case back to the District Court for new sentencing. The boy, who will turn 18 next year, was the respondent in the proceedings. The unnamed 17-year-old pleaded guilty.
The High Court has quashed planning permission for a large-scale poultry farm in Co Mayo. Mr Justice Anthony Barr made the order following An Bord Pleanála's consent to quash the permission it had granted in September 2019 for a new poultry house and ancillary facilities at Brownhall Demense, Balla, Castlebar. The decision was challenged through judicial review by Michael O'Connor, a neighbouring resident at Brownhall, Balla, Castlebar. The board agreed to pay Mr O'Connor's legal costs. The original permission was granted to Noel and Ann Mulhern for their wholesale egg production business. The proposed facility was designed to house 12,000 laying hens. Mayo County Council and the board's own inspector had both recommended refusal. Mr O'Connor's challenge raised concerns including noise and odour nuisance, groundwater pollution, disease risk, and potential impacts on the River Moy Special Area of Conservation and the Ballinfad Special Area of Conservation, which supports the protected Lesser Horseshoe Bat species.
The High Court has dismissed an application by Friends of the Irish Environment alleging that Roscommon County Council breached a court order regarding a proposed flood relief scheme. Mr Justice Garrett Simons rejected claims that council chief executive Eugene Cummins should be held in contempt. The case centres on a 3km pipeline designed to transfer water from Lough Funshinagh, a protected seasonal lake, to Lough Ree to alleviate flooding affecting nearby residents. FIE successfully challenged the original scheme last August on environmental grounds, and the council agreed to remediate works already carried out. However, the council subsequently obtained approval for emergency flood relief works under different statutory provisions in October, which would utilise the partially-constructed pipeline. The judge held that the August order did not prevent the council from pursuing the scheme under alternative legislation, and that obtaining fresh development consent constituted a significant change in circumstance. Mr Justice Simons invited FIE to bring judicial review proceedings if it wished to challenge the October decision, directing that any such application be heard before him.
The High Court approved a Personal Insolvency Arrangement for 54‑year‑old Assumpta Gaffney, an accounts administrator married with two children. The arrangement allows her to write off about €4.2 million of debt owed to financial institutions. She will keep her family home at Mountain Lodge, Ballyleigh, Waterfall, Co. Cork, and continue making mortgage repayments on the €550,000 property, which has been restructured. Her creditors include ACC, AIB and Bank of Ireland. The 12‑month PIA includes a one‑off €50,000 lump‑sum payment from a third party to creditors and the surrender of two properties in Ballykisteen, Co. Tipperary, to satisfy part of her debts. The PIA was drafted by Personal Insolvency Practitioner Judy Mooney of McCambridge Duffy and represented in court by Keith Farry BL. The court noted that Ms.
The High Court will deliver a ruling this week on whether Roscommon County Council has breached a court order relating to a proposed flood relief scheme. The Friends of the Irish Environment brought the contempt allegation following High Court proceedings resolved in August concerning a three-kilometre pipeline designed to transfer water from Lough Funshinagh to Lough Ree. The council had accepted it had not fulfilled certain obligations regarding the flood relief works and agreed to carry out remediation. FIE subsequently claimed the council failed to comply with the remediation order and sought enforcement action against the council's chief executive. The council denies any breach and states the remediation plan is being implemented to address severe flooding affecting local residents. During submissions, Mr Justice Garrett Simons indicated he would not impose a custodial sentence if contempt were found, but rather a monetary fine. The council gave an undertaking to cease pipeline works whilst continuing remediation efforts. The judge's determination is expected next Thursday.
In August 2021 the High Court granted bail to James Davy, 30, after the Court of Appeal quashed his murder conviction for the 2014 killing of 64‑year‑old Thomas 'Toddy' Dooley. The appeal replaced the murder verdicts of Davy and Matthew Cummins, 27, with convictions for assisting an offender under Section 7(2) of the Criminal Law Act 1997. Davy was released on a €100 bond with conditions including a daily curfew, a mobile phone requirement, and a prohibition on travel to Edenderry. Cummins was denied bail and must remain in custody until his September 2 sentencing hearing. The High Court noted the two men had different circumstances and that Cummins had a larger record of post‑murder offences. The decision reflects the court's assessment that Davy's case warranted bail while Cummins' did not. The DPP was considering whether to appeal the Court of Appeal's decision to the Supreme Court.
In a High Court decision on 16 July 2021, Mr Justice Brian O'Moore lifted a Lis Pendens that had been registered over three Dublin development sites: Glebe House and Lands on St Agnes Road, Crumlin; Annesley House, Rathmines; and the former Europa Motors site on Newtown Avenue, Blackrock. The notice had been placed by builder Mr Johnny O'Loughlin and Mount Pleasant Development Ltd (MPD) against Mr Michael Moran and several companies in which he is a director. The plaintiffs claimed the Lis had stalled development plans, including financing, sales of over 20 units in Annesley Gardens and a joint venture for 150 apartments in Crumlin, and had also impacted plans for 100 apartments in Blackrock. The defendants, represented by Garry McCarthy SC, sought to vacate the notice, arguing it was not bona fide and had hindered their development objectives. Mr O'Moore agreed to grant the defendants' request to vacate the Lis Pendens, with full reasons to be given later.
In a High Court judgment, Mr Peter Conlon, founder and former Managing Director of the collapsed fundraising service Pembroke Dynamic, was disqualified from acting as a company director or officer for 16 years, one of the longest periods imposed by Irish courts. Judge Mark Sanfey described Conlon's conduct as a "shabby and repugnant fraud" that diverted charitable donations from their intended recipients, causing significant depletion of resources for charities and harming vulnerable beneficiaries. The judge noted mitigating factors such as Conlon's age (67), prior imprisonment in Switzerland, and settlement of proceedings with the liquidator, which reduced a proposed 18‑year disqualification to 16 years. Conlon accepted responsibility for Pembroke's debts of up to €2 million and agreed to a €2 million judgment in favour of the liquidator. The settlement also imposed freezing orders on assets and required the transfer of €371,000 in bank accounts to the liquidator for distribution to creditors.
The High Court approved Personal Insolvency arrangements for former newspaper owner John Sheils and his wife Susan Casey, allowing them to keep and continue paying mortgage on their 702‑sq‑m house, Annamult House, in Bennetsbridge, Co. Kilkenny, until they reach their mid‑eights. The house, rebuilt after a 2009 fire, also serves as their business venue. They owe about €2.9 million to creditors including Start Mortgages, Pepper Finance, AIB, Bank of Ireland, Everyday Finance and Promontoria Oyster. Under the PIA, they will make mortgage repayments for 336 months (28 years). To fund the arrangement, they will sell assets such as a Blackrock house and a Lucan site, and write off roughly €70,000 of debt. The PIA, lasting 13 months, aims to restore solvency after completion. The judge, Mr Justice Mark Sanfey, expressed some hesitation about the long repayment period but approved the plan due to creditor support.
The High Court quashed a Circuit Court judge's decision to direct the acquittal of an unnamed man accused of indecently assaulting his niece between 1968 and 1970 when she was seven to nine years old. The case had been heard in 2019, but the prosecution sought an adjournment after the complainant fell ill and could not testify. The trial judge declined the adjournment and directed the jury to acquit. The Director of Public Prosecution applied for judicial review, arguing the judge's decision was an impermissible preliminary application that breached Supreme Court principles. Mr Justice Heslin ruled in favour of the DPP, stating the judge had no jurisdiction to halt the trial on the basis of time and missing witnesses, and ordered the case to be remitted back to the Circuit Criminal Court for a proper hearing. The decision was made to ensure due process and a fair trial.
The High Court, on 29 June 2021, ordered Google‑owned Chronicle Security Ireland Ltd and its parent Chronicle LLC to provide the HSE with details of subscribers who uploaded or downloaded stolen patient data and other confidential material onto the malware‑analysis service VirusTotal. The judge, Mr Justice Senan Allen, was satisfied by evidence that about 27 files stolen from the HSE were uploaded to VirusTotal in May, and that the material was downloaded 23 times before being removed on 25 May. The order, a Norwich Pharmacal order, requires the defendants to disclose subscriber information such as email addresses, phone numbers, IP addresses or physical addresses. Chronicle, through its lawyers, said it would comply but could not release details without a court order. The HSE sought the return of the data and an explanation of the link used to access it, following a Financial Times article that claimed to have obtained the data from a confidential source.
The High Court has quashed An Bord Pleanála's decision to grant planning permission for a large-scale wind farm proposed near Lanesborough, County Longford. The development, which was to be built on bogland at Mountdillion Peat Production Bog by a Bord na Móna subsidiary, comprised 24 turbines with a maximum tip height of 185 metres. Mr Justice Richard Humphreys upheld a judicial review challenge brought by environmentalist Peter Sweetman, finding that the application lacked sufficient detail regarding the turbines' design contrary to planning regulations. The judge noted that turbine heights and blade lengths had been specified only as maximum dimensions rather than actual proposed measurements. He rejected the board's defence that a worst-case scenario assessment was adequate, stating that applicants cannot seek permission for open-ended projects. The court dismissed several other grounds of Mr Sweetman's challenge, including arguments regarding common sense and constitutionality.
In the High Court, former Managing Director Peter Conlon consented to a €2m judgment against him in favour of Pembroke Dynamic's liquidator, Myles Kirby. The settlement, outlined before Mr Justice Mark Sanfey, acknowledges that approximately €4m donated to national and international charities via the Pembroke platform was misappropriated to fund Conlon's technology company. Although the liquidator accepted that Conlon did not personally benefit from the misappropriated monies, he remains liable for the company's debts up to €2m. Conlon also accepted that the court may disqualify him from acting as a company director for a period yet to be determined. Freezing orders preventing Conlon from reducing his assets below €2m, in place since 2018, will remain for three years. Additionally, €371,000 held in bank accounts is to be paid to the liquidator for distribution to creditors. While the liquidator sought a disqualification period of ten years or more, citing the serious nature of the breach, Conlon's counsel argued that his lack of personal benefit and advanced age were significant mitigating factors. The judge welcomed the settlement but reserved his decision on the length of the disqualification, which he will deliver next week. Conlon was previously jailed in Switzerland in 2018 after pleading guilty to embezzlement, serving a four-year sentence with three years suspended.
The High Court has varied a freezing order against retired businessman Peter Conlon, former head of collapsed charities platform Pembroke Dynamic, to permit the payment of just over €40,000 in legal fees. Mr Justice Senan Allen granted the limited variation, allowing funds held in a solicitor's client account to be released for legal expenses. The funds originate from a pension Conlon receives from Enterprise Ireland/IDA, which had been lodged in a relative's bank account before being frozen under the 2018 injunction. Conlon, who resides in France and Germany, stated his only assets are co-owned properties in Dublin that are in negative equity, and his income consists of pensions totaling €428 per week. He faces proceedings brought by liquidator Myles Kirby, who alleges that approximately €3.8m in charity donations was misappropriated by Pembroke Dynamic and related entities. Kirby seeks orders making Conlon personally liable for the company's debts. While Kirby's counsel did not oppose the motion to pay legal fees, they retained questions regarding Conlon's means. The main proceedings, in which Conlon intends to contest the liquidator's application, are listed for hearing later this month. The case has been adjourned on several occasions, with the freezing orders remaining in place. Separately, Conlon was jailed in Switzerland in 2018 after pleading guilty to embezzlement for using almost €4m intended for charities to fund his technology company. He received a four-year sentence with three years suspended and was released in 2019 after serving one year.
The High Court has struck down a 15-year prison sentence imposed on Sean McManus, finding that Section 27(3F) of the 1977 Misuse of Drugs Act is unconstitutional. Mr Justice Michael Twomey ruled that the provision, which mandates minimum sentences for repeat drug trafficking offenders, impermissibly interferes with the judiciary's constitutional power to determine individual sentences. McManus, 39, from Baldoyle, Dublin, pleaded guilty in 2018 to possession of cocaine for sale or supply at Seascape, Dromleigh, Bantry, Co Cork, where the street value exceeded €13,000. He was previously convicted of drug trafficking in 2009. While his 2018 conviction stands, the judge ordered the sentence to be remitted to the Circuit Criminal Court for reconsideration. McManus's co-accused, Molly Sloyan, 28, from Kinsale, Co Cork, was jailed for ten years with the final three suspended. William Gilsenan and Dean Gilsenan received sentences of seven years with two suspended and ten years with three suspended, respectively. The court noted the defendants were involved in running a "cocaine factory" using solvents to extract cocaine from fabric. The State respondents opposed the action, arguing McManus lacked standing, but the High Court was bound by the Supreme Court's 2019 decision in the Wayne Ellis case, which declared similar mandatory sentencing provisions in the 1964 Firearms Act unconstitutional. The matter will be mentioned before the court at a later date for final orders.
The High Court will receive a report next week from independent barristers Niall Nolan BL and Patrick Mair BL. The report will recommend which documents seized by the Office of the Director of Corporate Enforcement (ODCE) from the FAI should be considered legally professional privileged and therefore cannot be used in the ODCE's criminal investigation. The documents in question include about 280,000 files covering a 17‑year period, with claims of privilege made on roughly 1,000 FAI documents and over 3,500 Mr John Delaney documents. The report will be delivered to Justice Leonie Reynolds on Monday and will not contain any of the privileged documents. The matter was adjourned to the following Tuesday, and the court noted that discussions will continue to resolve any remaining issues, including Mr Delaney's request for a private hearing. The proceedings remain open to the public.
In a High Court hearing, Mr Justice Mark Sanfey refused to approve a Personal Insolvency Arrangement (PIA) proposed by 69‑year‑old Ann Fennell, who owes Ulster Bank €72,500. The PIA would have extended her mortgage repayments to 348 months, meaning she would continue paying until age 98. The judge found that such a term would likely exceed the debtor's lifespan and that Fennell had not shown the repayments were affordable or sustainable. Ulster Bank opposed the PIA, arguing it was unsustainable and that the costs of keeping her in her home were disproportionate. The court noted that only a legislative amendment could permit lifetime mortgages. The appeal was dismissed, and the case will return for final orders.
The High Court appointed provisional liquidators to Joe Walsh Pilgrimtours Ltd, a tour operator that organised pilgrimages to Lourdes, Fatima, Rome and Medjugorje. The company, employing 30 people, had been hit hard by the Covid‑19 pandemic, leading to the cancellation of all planned tours and a decision to wind up after recording losses of €7.5 million in 2020. The bulk of its 3,000 creditors are customers who had paid for tours, with about €5 million owed, and other creditors include Revenue, the landlord, related travel group companies and trade creditors. The court directed the joint provisional liquidators, Eamonn Richardson and Andrew O'Leary of KPMG, to manage an orderly winding up, handle creditor claims and keep some staff to answer customer queries. The case was adjourned to June for further proceedings.
In a High Court decision on 23 April 2021, Mr Justice Denis McDonald ruled that four Dublin publicans—Aberken (Sinnotts Bar), Hyper Trust Ltd (The Leopardstown Inn), Inn on Hibernian Way Ltd (Lemon & Duke) and Leinster Overview Concepts Ltd (Sean's Bar, Athlone)—were entitled to recover their legal costs, but only on a standard solicitor‑client basis, not the enhanced level. The judge also clarified that the term "closure" in FBD's Public House Policy covers partial closures, not only total shutdowns. He found that the policy's coverage applies when pubs are partially closed or restricted by government orders due to Covid‑19 outbreaks within a 25‑mile radius. The court will later determine the quantification of losses, and the case is set to return next month for further proceedings. The ruling affects about 1,000 Irish pubs and restaurants.
In a written decision dated 22 April 2021, the High Court approved a survival plan for Norwegian Air and its Irish subsidiaries. Mr Justice Michael Quinn, after reviewing the examiner Mr Kieran Wallace's report, was satisfied that the restructuring proposals would allow the companies to continue as going concerns rather than be wound up. The plan had been approved by each company's members and at least one class of creditors. The judge noted no improper purpose or tax avoidance motive and found the proposals fair to all creditor classes. He also expressed confidence that the necessary investment could be secured, citing support from Norwegian investors, the Norwegian government, and other stakeholders. The court therefore confirmed the scheme of arrangement, recognising the viability of the group's future operations. The decision followed the earlier examinership of the Norwegian parent and several Irish subsidiaries, which had been one of the largest in Irish history.
In April 2021 the High Court granted Charlotte Mulhall leave to challenge her 2018 transfer from Mountjoy Women's Prison to Limerick Prison. Justice Anthony Barr accepted that the move had disrupted visits from her Dublin‑based family and that this constituted a disproportionate interference with her family rights. He ordered that, if Mulhall is transferred back to Mountjoy, she must be given the same visiting arrangements she had before mid‑2019, when visits were ended without formal notice. The judge also required sworn statements on the impact of Covid‑19 on prison visits and on Mulhall's current activities at Limerick. He dismissed the claim that her challenge was untimely, noting she had known of the transfer and had not acted for eight months. The case was adjourned to May for further proceedings. Mulhall, aged 21 at the time of the 2005 murder, is represented by Conor Power SC and Cian Kelly BL.
The High Court concluded an inquiry into the detention of a woman who returned from Dubai to assist her family. She had been held in mandatory quarantine at the Crowne Plaza Airport Hotel in Dublin since April 3, after her father underwent cancer surgery. A Covid‑19 test taken on Tuesday morning was negative, and she was released that evening. Mr Justice Brian O'Moore terminated the application for an inquiry into her detention after hearing that she had been allowed leave quarantine. Her counsel, Michael O'Higgins SC, argued that the detention was unlawful and that the bar for release on humanitarian grounds was too high. The court also scheduled hearings for two other similar applications, involving a healthcare worker and a South African‑Irish resident, both of whom had tested negative and were fully vaccinated. The cases were brought against Tifco Ltd, Tifco Management Services (Ireland) Ltd and the Minister for Health.
The High Court has ordered the release of a Co Monaghan businessman from Mountjoy Prison after he completed 115 days in custody for contempt of court. Mr Justice Senan Allen ruled that the continued imprisonment of Fergal Deery was no longer necessary to vindicate the court's authority, though he characterised the defendant as "very stubborn" for refusing to purge his contempt during incarceration. Mr Deery had been jailed in December 2020 for breaching orders made in 2015 restraining him from trespassing on two properties in Monaghan Town, a bar and nightclub formerly controlled by his family. Wardglade Limited, which acquired the premises from a receiver, brought the fresh proceedings alleging multiple breaches and a campaign of intimidation against company associates. The judge found evidence that Mr Deery had entered the properties in December 2019 with others. Mr Justice Allen stated that if Mr Deery maintained distance from the premises and ceased interference with Wardglade's directors, his imprisonment was unnecessary. The court awarded Wardglade its legal costs against the defendant.
In March 2021 the High Court reserved judgment on Charlotte Mulhall's application to challenge her transfer from Limerick Prison to the Dochas Centre in Dublin. Mulhall, a convicted murderer, argues she was moved to Limerick on 24 December 2018 after an alleged incident involving a female prison officer. She disputes claims that any inappropriate conduct occurred and says she was never given a chance to explain the situation to prison authorities. Mulhall claims the transfer has prevented her Dublin‑based family from visiting, causing her distress. She seeks orders to return her to Dublin and to quash the transfer decision. The prison service and respondents argue the application is untimely and that Mulhall had expressed satisfaction with Limerick. The case was heard by Mr Justice Anthony Barr, who reserved his decision after submissions from both sides. The matter remains pending.
In a High Court case set for June, a couple claims they underwent an unnecessary termination after being told their unborn child had a fatal foetal abnormality. They sued the National Maternity Hospital, Merrion Fetal Health, and a Scottish health board that allegedly performed some testing. The defendants deny wrongdoing. The couple alleges that two 2019 test results indicated a fatal abnormality, but a later test after the termination showed no genetic condition. They seek damages for personal injury and nervous shock caused by alleged negligence. The court considered adding the Greater Glasgow Health Board as a defendant, noting that tests were sent to the board for specialist analysis and that the board's report may have failed to meet best‑practice guidelines. The judge approved adding the board as a defendant and set a timetable for document exchange ahead of the June hearing.
The High Court has approved a €7.5m settlement in a medical negligence action brought on behalf of 17-year-old Kyle Corcoran. The proceedings, initiated by his mother Amy Corcoran, alleged that the HSE was negligent during Kyle's birth at St Luke's General Kilkenny Hospital on June 4, 2003. It was claimed that hospital staff failed to act on cardiotocograph readings indicating fetal distress, resulting in a clinically unacceptable delay in delivery. Kyle was allegedly born in an asphyxiated state, leading to cerebral palsy, a moderate learning disability, and the need for permanent care, including a gastrostomy peg. The HSE denied the claims, and the settlement was reached without an admission of liability following mediation. Mr Justice Kevin Cross approved the settlement, describing it as reasonable and noting that it would provide for Kyle's future care needs. The judge observed that a trial outcome was not guaranteed. An application to make Kyle a ward of court is planned. The matter was concluded with the approval of the settlement.
In a High Court ruling on 25 February 2021, Mr Justice Richard Humphrey authorised the Official Assignee to sell former rugby international Peter Clohessy's family home in Cappamore, Co. Limerick, and ordered the family to vacate the property within six months. Clohessy, declared bankrupt in 2017 with debts exceeding €13 million, had previously owned the house and a 48‑acre farm that was repossessed by AIB and sold to a financial fund. The Official Assignee, represented by Una Nesdale BL, valued the house at €500,000 to €550,000, while the couple valued it lower and opposed the sale. The court accepted the sale as the only means to satisfy creditors, who had been living at the house for four years since the adjudication, and found the six‑month postponement reasonable. The house, built over 15 years ago, adjoined the farm that had been sold to a financial fund.