The High Court extended Norwegian Air's examinership protection by 50 days, from 100 to 150 days, after Justice Michael Quinn accepted that Covid‑19's devastating impact justified the extension. The airline's examiner, Mr Kieran Wallace of KPMG, requested the extra time to negotiate a scheme of arrangement with creditors that would allow the company to continue trading. Paul Sreenan SC argued that the pandemic's ongoing uncertainty, new Covid variants, vaccine delivery issues, and disputes over aircraft leases and service contracts hindered the examiner's ability to secure a scheme and fresh investment. The court noted that the examinership of Norwegian Air's Norwegian parent and three Irish subsidiaries is one of the largest and most complex in Irish history. No opposition was raised to the extension, and the court scheduled a hearing for April 16 to approve any scheme of arrangement approved by the creditors.
The High Court has been asked to amend the grounds of a legal challenge brought by Thomas Reid against An Bord Pleanala's decision to allow Intel Ireland to proceed with a €3.76 billion expansion of its Co Kildare plant. The action was brought by Thomas Reid, who resides near the Intel Campus in Collinstown, outside Leixlip. The proposed expansion, if approved, would be one of the largest construction projects in the country's history. Reid claims that the board's 2019 decision permitting the expansion was contrary to EU Council directives, lacked sufficient reasoning, and violated fair procedures. Intel Ireland and An Bord Pleanala have applied for the court to amend the action and exclude certain material from the case, arguing that Reid failed to raise specific issues before the board. Intel's application is supported by the board, which asserts that Reid missed the opportunity to present these arguments during the initial proceedings. Reid, represented by James Devlin SC, opposes the motion, arguing that he should be allowed to present his case in full. The application was heard by Mr Justice Richard Humphreys, who reserved his decision. The full hearing of the action will take place later this year.
The High Court issued freezing orders that prevent a Moldovan Air Airbus A319 from leaving Dublin Airport, leaving more than 20 passengers and crew stranded. The aircraft, which arrived late Tuesday night, was due to return to Chisinau International Airport. The orders were issued in relation to a €4.2 million arbitration award in favour of Just‑US Air Srl, a Romanian aircraft leasing company, against Air Moldova Srl. The award arose from an arbitration over the lease of the aircraft, and the airline has had assets seized by Moldova's Agency for the Recovery of Criminal Assets in 2019 amid investigations into alleged money‑laundering activity. Just‑US Air Srl sought to enforce the award in Ireland because it feared the aircraft might be removed from the country. The court granted the orders on an ex‑parte basis, and the judge later lifted a reporting ban while maintaining the orders.
The High Court refused to approve a Personal Insolvency Arrangement (PIA) for Mr Keith Cremin, a 49‑year‑old car sales executive from Subulter, Mallow, who owed about €190,000 to several creditors, including Pepper Finance Corporation DAC, Bank of Ireland, Everyday Finance and the Revenue Commissioners. The PIA, proposed by a Personal Insolvency Practitioner, would have required Cremin to make monthly contributions of €690 to €866 over 24 months, with a net payment of roughly €18,000 to creditors, and to continue interest‑only payments on his mortgage until the end of the period. Pepper opposed the arrangement, arguing that it would result in a substantial write‑off of a loan that had not defaulted. Judge Mark Sanfey held that approving the PIA would be unfair to Pepper, noted that Cremin had no pressing insolvency issues beyond the motor business collapse of 2008, and deemed the application premature.
In a High Court hearing, Norwegian's Irish subsidiaries, currently in examinership, sought to exit aircraft leases as part of a survival plan that will drop transatlantic services and focus on European and Nordic routes. Lawyers for the airline explained that it intends to return the aircraft to lessors in a state that satisfies them, but several lessors have expressed dissatisfaction with the information received and may formally oppose the repudiation applications. The court adjourned the applications to a later date and indicated a willingness to grant repudiation orders for other leases unrelated to aircraft, such as software, inflight entertainment, fuel services, a VIP lounge at Gatwick, and premises at Logan Airport. The airline's parent company and three Irish subsidiaries have been granted court protection, and the examiner is preparing a scheme of arrangement to keep the airline as a going concern.
The High Court approved a Personal Insolvency Arrangement for Mr Ciaran O'Neill, a 59‑year‑old construction manager, allowing him to write off almost €3 million in debt. Under the arrangement, Mr O'Neill will contribute €163,000 over six years, making monthly payments between €685 and €1,025. Creditors include Promontoria Aran and Promontoria Scariff DAC, AIB and AIB Mortgage Bank, Bank of Ireland, the Revenue Commissioners, and numerous trade creditors. The PIA permits Mr O'Neill to retain his family home at Rockville, Killegar, Ballybetagh Road, Enniskerry, Co. Wicklow. The court noted that unsecured creditors will receive 2 cents per euro under the PIA, compared with 1 cent per euro in bankruptcy. No objections were raised to the arrangement, though some creditors voted against the proposals. The arrangement was approved by Mr Justice Mark Sanfey on Monday.
The High Court granted former Fianna Fail TD Frank O'Rourke permission to add 'persons unknown' to defamation proceedings concerning social media posts made during the 2020 General Election. Ms Justice Leonie Reynolds issued the order, allowing O'Rourke to formally join unidentified individuals before the statutory 12-month limitation period expires. O'Rourke has previously obtained Norwich Pharmacal orders against Twitter International Company and Facebook Ireland Ltd to identify the posters. His counsel, Declan Doyle SC, argued that despite efforts to identify the Facebook poster, the individual remains unknown, and joining them as 'persons unknown' was necessary to preserve his right to sue. Facebook, represented by Rossa Fanning SC, raised no objections. O'Rourke alleges that wholly untrue statements posted in February 2020 were designed to cause professional damage during his campaign and a personal marriage breakdown. He claims these posts, which included defamatory remarks about his family and finances, negatively impacted his supporters in North Kildare. A tweet calling for voters not to support him was also cited. O'Rourke, who lost his North Kildare seat in the February election after finishing fifth, seeks to amend the proceedings' title once the alleged defamer's identity is established. The court noted the unusual nature of the application but found the justice of the matter favoured joining the unknown party.
The High Court extended Norwegian Air's examinership to 100 days, the maximum allowed. Examiner Mr Kieran Wallace, appointed by the court, said he remains confident the airline can survive as a going concern if it follows a proposed restructuring plan. The court set a hearing for 25 February to approve a scheme of arrangement that would keep the airline operating. Norwegian Air, owing creditors about US$5 bn, and its four Irish subsidiaries were granted protection. Wallace's report notes the airline is analysing a board‑proposed business plan, working with creditors, and seeking €400–480 m in new capital through a rights issue and private investment. He also mentioned ongoing talks with the Norwegian government about state participation. No decision on redundancies has yet been made, and the airline plans to end long‑haul flights, affecting employment. The court also ordered the winding up of subsidiary Torskefjorden Leasing Ltd, with Wallace and Andrew O'Leary appointed as joint liquidators.
The High Court heard submissions in judicial review proceedings brought by the Irish Coursing Club (ICC) against the Ministers for Health and Housing, and Local Government and Heritage. The ICC seeks an injunction to allow hare coursing to resume during current pandemic restrictions, alleging the Minister for Health's decision to delist the sport was irrational, lacked transparency, and was discriminatory. Counsel for the ICC, Martin Hayden SC and Eoin O'Shea BL, argued that the exclusion was unfair compared to permitted sports like greyhound racing and horse racing, and alleged the decision was tainted by bias due to Minister Stephen Donnelly's past support for banning coursing. They claimed the delisting occurred without consultation with relevant departments. In response, Michael Cush SC, representing the State, submitted that it is unsafe to allow coursing in the current climate and that the government is entitled to restrict the sport to protect public health. He argued coursing differs from other sports as it takes place in open areas rather than enclosed stadia, and that the majority of sports are currently curtailed under Level 5 restrictions without complaint. The State denied all allegations of bias or discrimination. Following the conclusion of submissions, Ms Justice Niamh Hyland reserved her decision, acknowledging the urgency of the application and stating she hoped to deliver judgment as soon as possible. The matter was adjourned pending the judge's ruling.
The High Court appointed liquidators to Torskef Jorden Leasing Ltd (TLL), an Irish subsidiary of Norwegian Air, after the airline announced it would cease long‑haul services. The court, hearing on Friday, adjourned proceedings to allow creditors to comment and then ordered TLL's winding up. Mr Kieran Wallace and Mr Andrew O'Leary of KPMG were named joint liquidators. Lawyers for most creditors were neutral or supportive of the liquidation, citing TLL's loss of commercial viability after the airline's shift to Nordic routes. TLL had operated as a lessor of 24 wide‑body Boeing jets, earning income only from sub‑leasing to other group companies. The liquidation follows Norwegian's broader examinership and restructuring efforts, which aim to keep the airline as a going concern while addressing its significant debt and operational changes caused by the pandemic and aircraft grounding issues.
The High Court will hear an application by the Irish Coursing Club (ICC) for an injunction to allow hare coursing to resume early next week. The ICC, which regulates coursing in Ireland, has brought a judicial review against the Ministers for Health and Housing, Local Government and Heritage because the annual coursing season is limited and is due to finish at the end of February. The ICC claims that coursing was allowed to take place during the run‑up to Christmas as it was on a government‑approved list of permitted sports, but was delisted when the latest round of Covid‑19 restrictions was announced. The ICC argues that the delisting was flawed, irrational and unreasonable, and that the Minister for Health acted without consulting the departments responsible for coursing. The court has assigned the one‑day application to a judge and will hear it on Tuesday of next week.
The High Court has postponed delivering its judgment in four cases brought by pub owners who challenge FBD Insurance Plc's refusal to pay business disruption claims arising from the Covid‑19 pandemic. Mr Justice Denis McDonald agreed to delay the decision to allow the parties to submit further arguments based on a forthcoming UK Supreme Court ruling that may affect the interpretation of "non‑damage" clauses in business interruption policies. The four pubs—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)—argue that their policies cover losses when premises are closed by government order due to an outbreak within 25 miles. FBD contends the closures were not caused by an outbreak at the premises and that its policies do not cover pandemics, a risk not normally insured in Ireland.
The High Court confirmed the appointment of Mr Kieran Wallace as examiner for Norwegian Air and related companies, giving him up to 100 days to devise a scheme of arrangement for creditors owed about US$5 bn. The judge also placed Norwegian Air Shuttle ASA, the parent company, under examinership, noting its close connection to the Irish entities and that the process could be recognised by a Norwegian court. The examiner's role includes implementing a restructuring plan and securing additional financing, with an Independent Expert's Report indicating a reasonable prospect of survival. Creditors, including aircraft leasing firms and financial lenders, largely accepted the appointment, with only Rolls Royce expressing support. The court adjourned the matter to a later date, allowing the examiner to work with the group and its creditors to pursue a viable survival strategy.
A man from Dublin has failed in his appeal against extradition to Northern Ireland on a charge of attempted murder of a Police Service of Northern Ireland officer. The Court of Appeal dismissed the case today. The 29-year-old man was arrested in County Donegal following the discovery of an improvised explosive device beneath a PSNI officer's vehicle. He had challenged his surrender on the grounds that his exercise of the right to silence during interviews at Milford and Letterkenny Garda Stations could be used against him in Northern Ireland proceedings, potentially breaching his constitutional rights. The High Court had previously ordered his extradition in February. The Court of Appeal, presided over by three judges, upheld that decision, finding the High Court's legal analysis sound and expressed confidence in the Northern Irish judiciary's commitment to safeguards regarding adverse inferences. If convicted in the North, he faces a possible life sentence.
Three men remain in custody at Mountjoy Prison following a High Court ruling that they must stay detained indefinitely until they comply with orders to vacate a farm in Falsk, Strokestown, County Roscommon. Michael Anthony McGann, Kevin Taylor and Colm Granahan were jailed for contempt of court after refusing to give undertakings to stay away from the property, which was subject to a repossession order by KBC bank and subsequent vacant possession orders. Ms Justice Leonie Reynolds found their actions constituted a flagrant, deliberate and contrived breach of existing court orders. The judge noted evidence that all three were present on the farm despite having no entitlement to be there, and referenced an orchestrated social media campaign that undermined court authority and encouraged others to attend the property. The men have been offered opportunities to purge their contempt but have demonstrated unwillingness to do so. Mr Granahan is from Ballina, County Mayo, Mr Taylor is a retired Garda from Longford, and Mr McGann is from Strokestown.
In a 2020 High Court decision, Mr Justice Denis McDonald quashed An Bord Pleanala's approval of a development at Rathmullen, Drogheda, that would have added 661 homes, a neighbourhood centre and a creche. The judge found the board's decision "wrong in law" because it failed to properly assess the impact on bird species in the Boyne Estuary Special Protection Area and on four nearby Natura 2000 sites. The court held that the board had not carried out the required high‑tide survey of rare birds, a requirement under the EU Habitats Directive, and had incorrectly considered mitigation measures. The decision was challenged by Highland Residents Association and Protect East Meath Ltd, who argued the board had ignored ecological and historical concerns. The case will return for final orders at a later date.
In a High Court hearing, Mr Justice Michael Hanna awarded €83,000 in damages to 58‑year‑old Doris Whelan after she slipped and fell on a small amount of an oil‑like substance at a Dunnes Stores outlet in Ashleaf Shopping Centre, Walkinstown, Dublin 12, on 27 June 2013. Whelan sued Dunnes for injuries she claimed were caused by the hazardous floor condition. The court found that the evidence, including CCTV footage, showed Whelan had slipped while wearing flat shoes and that the oil‑like substance had come from a stock trolley. Dunnes had denied the claims and argued that Whelan had contributed by not looking where she was going, but no evidence was presented to counter the claim. The judge noted that Whelan had no prior knee problems and had undergone knee replacement surgery many years earlier.
The High Court appointed Mr Kieran Wallace as interim examiner to several Irish‑registered companies of the Norwegian Air group, including Arctic Aviation Assets DAC, Norwegian Air International Ltd, Drammensf Jorden Leasing Ltd, Torskef Jorden Leasing Ltd and Lysakerf Jorden Leasing Ltd, as well as the parent Norwegian Air Shuttle ASA. The firms sought examinership because of financial difficulties largely caused by the Covid‑19 pandemic. Mr Justice Michael Quinn noted that an Independent Expert's Report indicated the companies had a reasonable prospect of survival if an examiner was appointed and a restructuring plan fully implemented, including additional financing. The court was satisfied that creditors, such as aircraft leasing companies and financial lenders, would benefit from a successful examinership rather than liquidation. The board of directors petitioned for the appointment, hoping Mr Wallace would devise a scheme of arrangement to allow the companies to continue as going concerns. The matter was adjourned to December.
In a High Court decision dated 3 November 2020, Mr Oliver Bennett, aged 64, was awarded €231,000 in damages for life‑changing injuries sustained in an unprovoked assault at the Tir Na nOg Public House, Wellington Bridge, Wexford, on 15 April 2009. The assault was carried out by John Codd, who later pleaded guilty and received an 18‑month sentence. Mr Bennett sued both Codd and Wallace Taverns Limited, the pub's operator, for negligence. The court found no contest to liability, and the claim was assessed solely for damages. Mr Bennett, a former building‑trade entrepreneur who managed 300 workers, suffered severe head injuries, a coma, a stroke, memory loss, and limited physical and communicative abilities, now living in sheltered accommodation. The award also covered Mr Bennett's legal costs. The judge praised the legal representation of both parties and highlighted the lasting impact of the injuries on Mr Bennett's life.
The Office of the Director of Corporate Enforcement (ODCE) opposes granting former FAI chief John Delaney additional time to examine files in its criminal investigation. The High Court, where the FAI is the respondent, is asked to decide whether some documents are protected by legal privilege and thus unavailable to the ODCE. Delaney, now based in the UK and a notice party, seeks more time to review material, including his emails, to identify privileged content. The ODCE, which began its application in February, wants the matter heard in December. Justice Leonie Reynolds expressed displeasure at the pace of the inspection and criticised what she described as "tit for tat tactics" by both parties. She noted Delaney had promised to complete the inspection within an agreed period, which she said had not been met. Delaney's counsel, Paul McGarry SC, reported progress but highlighted difficulties in determining which documents are private or privileged.
The High Court has appointed provisional liquidators to two fashion retail companies that operated thirteen Pamela Scott stores across Ireland. Arzac Developments Ltd ran ten stores while Richard Alan & Co operated three, with outlets in locations including Sligo, Dublin, Limerick, Tralee and Cork. The firms, employing 104 people, sought winding up orders citing challenging market conditions, rising operating costs and the impact of the Covid-19 pandemic, which rendered them insolvent. Mr Justice David Keane appointed insolvency practitioners Eamonn Richardson and Ian Barrett of KPMG as joint provisional liquidators. The court heard the companies faced pressure from landlords, reduced footfall and changes to wage subsidy schemes. Both firms were dependent on their parent company, Flairline Fashion Ltd, for administrative and financial support, which was no longer available. The judge made the cases returnable to November.
A man from Dublin has appealed his extradition to Northern Ireland on a charge of attempted murder of a Police Service of Northern Ireland officer. Ciaran Maguire, aged 29, and a co-accused were arrested in County Donegal and are wanted in connection with the alleged attempted murder of a police officer and possession of explosive substances with intent to endanger life. Both charges carry a maximum sentence of life imprisonment. The High Court ordered Mr Maguire's surrender in February, but leave to appeal was granted the following month. At the Court of Appeal hearing, his legal team argued that his exercise of the right to silence during interviews at Milford and Letterkenny Garda Stations could be used adversely against him in Northern Ireland proceedings, raising constitutional concerns. The State's counsel contended that Northern Irish authorities had confirmed adverse inferences would not be drawn from his silence. The Court of Appeal reserved judgment on whether Mr Maguire's constitutional rights would be egregiously breached by his return for trial.
In a High Court decision on 1 October 2020, Mr Justice Michael Quinn ordered the formal winding up of St Mary's Centre (Telford), a south Dublin care facility that served vulnerable adults and operated a nursing home. The centre, owned by the Sisters of Charity, faced an inability to meet €950,000 in redundancy payments arising from liquidation, regulatory challenges, concerns over future HSE funding, and failure to comply with HIQA recommendations for modernisation. Lawyers for residents and staff had applied for examinership to explore a short‑term rescue, but the court found no case for preserving the company as a going concern and declined to appoint an examiner. The court confirmed the appointment of Neil Hughes and Dessie Morrow of Baker Tilly as provisional liquidators, and the winding‑up order was made after the company was deemed insolvent and unable to pay its debts. The decision was upheld by the court after the residents' representatives chose not to appeal.
The High Court dismissed an application to appoint an examiner to St Mary's Centre (Telford), a south Dublin care facility for vulnerable adults. Mr Justice Michael Quinn said the evidence presented did not show that the centre had a reasonable prospect of survival and that an examinership would not help the situation. The centre, operated by the Sisters of Charity, had been seeking winding up because it could not meet redundancy payments of €950,000 and faced regulatory and funding challenges. Lawyers for some residents and staff had applied for examinership, citing an independent report that the company could be saved if certain steps were taken. The court found the evidence too general and insufficient to grant protection. The company and provisional liquidators opposed the application, and the court noted that the HSE had promised to continue funding during any liquidation or examinership period.
The High Court will decide on Monday whether to appoint an examiner to St Mary's Centre (Telford), a south Dublin care facility for legally blind adults and a nursing home. In July provisional liquidators were appointed. Residents' lawyers, staff and former staff, represented by John Kennedy SC, argue that an independent expert report shows the company can be saved if placed into examinership. The company, owned by the Sisters of Charity, disputes this and claims any hope of survival through examinership is doomed. The wind‑up application cites a €950,000 redundancy liability, regulatory difficulties, HSE funding concerns and failure to meet Hiqa modernisation recommendations. The court heard that all nursing home residents have been relocated, 18 remain at the centre, and that the liquidators, represented by Andrew Fitzpatrick SC, oppose examinership, citing no evidence of funding or potential investors. HIQA, Revenue and the HSE remain neutral.
In September 2020 the High Court was asked to appoint an examiner to St Mary's Centre, a south Dublin nursing home and disability care centre run by the Sisters of Charity. The centre, located beside St Vincent's Hospital on Merrion Road, had been placed under provisional liquidators in July after a petition to wind it up on the grounds of insolvency and an inability to meet €950,000 in redundancy payments. Residents, some staff and former staff argued that a brief examinership could determine whether the facility could be saved, citing regulatory difficulties, HSE funding concerns and Hiqa modernization requirements as reasons for insolvency. Lawyers for the residents urged the court to allow an examiner, Mr Antony Wheldon, to devise a survival scheme and seek external investment. The company's counsel, Rossa Fanning, opposed the application, calling it doomed to failure and lacking financial analysis, and urged the court to confirm the liquidators.
In a High Court case, Ryanair is challenging government‑issued Covid‑19 travel measures, arguing they constitute unlawful international travel restrictions that disproportionately infringe on the airline's and passengers' rights. The airline seeks orders to set aside the July measures, including restrictions on travel outside Ireland and mandatory 14‑day self‑isolation for returnees from non‑green‑list countries. The State, represented by An Taoiseach and the Attorney General, contends the measures are advisory, not mandatory, and therefore not legally binding. They also claim Ryanair lacks a legal basis to pursue the challenge and that the court cannot intervene. Aer Lingus, a notice party, supports Ryanair's action. After parties submitted their arguments, Justice Garrett Simons reserved judgment, to be delivered in early October. Ryanair maintains the measures breach Health Acts, the European Convention on Human Rights and the European Charter of Fundamental Rights.
In a High Court hearing on 4 September 2020, the court appointed Mr Ken Tyrell of PWC as interim examiner to Cara Pharmacy Unlimited Company and its related entities, despite objections from the group's directors, Ramona and Canice Nicholas. The appointment was requested by Elm Corporate Credit DAC, the group's largest creditor, which argued that Cara had been loss‑making since 2016 and was insolvent. The judge, Mr Justice Michael Heslin, declined to adjourn the application and stated that the examiner's role would not tarnish the directors' reputations. He noted that an independent report suggested the group could succeed if it restructured, attracted fresh investment, and secured court approval for a scheme of arrangement. Elm offered to provide funds during the examinership, while the group faced a €16.3 million deficit if wound up. The court set a hearing for two weeks later to address any objections.
The High Court ruled that CGI Food Services must keep John Clarke, a former group financial controller, employed and paid while his claim of protected disclosures is heard by the Workplace Relations Commission. Clarke was dismissed in May 2019 after a suspension, which he says followed his disclosure of alleged food‑safety and financial irregularities. He alleged that food was stored improperly, that 22 pallets of pizza for children were thawed, refrozen and sold, that director payments exceeded bank limits, that company money was used for personal expenses, and that a director's relative paid for a cooking course. He also claimed that a director's wife and an associate's wife were paid up to €4,000 a month for no work. The company denied all allegations. Clarke's counsel, Ercus Stewart SC, challenged the dismissal and secured a temporary order from the Circuit Court to maintain his pay and benefits until the Workplace Relations Commission decides.
The High Court approved a scheme of arrangement for Nordic Aviation Capital DAC, an Irish aircraft lessor, to continue operating amid the Covid‑19 pandemic. Judge David Barniville granted the order after over 90% of creditors, both secured and unsecured, voted in favour. The scheme will suspend millions of euros in principal and interest payments due over the next six to twelve months on more than €5 billion of debt. It also requires shareholders to inject US$60 million, cuts non‑essential spending, and defers a US$1.5 billion committed capital programme while eliminating a US$5.7 billion uncommitted programme. Delivery of new aircraft is reduced from 21 to eight. The arrangement was presented by counsel Lyndon MacCann SC and supported by all creditor groups, with no objections recorded. The court noted that without the scheme the company feared running out of cash by the end of July.
A Cork farmer, George Ross, has appealed a High Court ruling that allowed a second prosecution for the death of a 14‑year‑old boy, Micheál 'Haulie' Murphy, who fell from Ross's defective tractor on 23 August 2013. The High Court had previously ruled that the Health and Safety Authority could pursue a prosecution under the Safety, Health and Welfare at Work Act. Ross, 68, had already been convicted under the Road Traffic Act and fined €700 in 2014 for allowing the tractor to be driven when it posed a danger to the public. Ross argues that the second prosecution is essentially the same offence and seeks a prohibition order to prevent it. The Court of Appeal, with Justices John Edwards, Patrick McCarthy and Aileen Donnelly, has reserved judgment on the appeal. The Director of Public Prosecutions, represented by Gráinne O'Neill BL, maintains that the two charges are distinct in law and fact. The case remains pending.
The High Court has extended the bankruptcy of John Hoey, a farmer from Carrickmacross, County Monaghan, by eight years. Ms Justice Teresa Pilkington's decision means Mr Hoey will remain bankrupt until the end of February 2024. The extension was granted following findings that Mr Hoey had failed to cooperate with the Official Assignee, Chris Lehane, since an earlier judgment delivered in April. Mr Hoey's legal team argued that a document previously filed in 2016 constituted a statement of affairs, but the judge ruled this had no bearing on her findings. Mr Hoey was declared bankrupt in February 2016 following a petition by John Kelly Fuels Ltd for €262,000. He intends to appeal the court's ruling.
The High Court extended CityJet's examinership protection from 70 to 100 days, the maximum allowed under Irish law. Judge Michael Quinn refused Mr Evan Cullen of IALPA's request to extend the statutory 30‑day notice period for redundancies, which would have applied to the airline's 57 Irish‑based pilots. Cullen argued the extension would allow all options to be considered before the examinership process, citing the pilots' protest over outsourcing. The judge said the court lacked jurisdiction to grant such an order within the examinership hearing but allowed IALPA to apply separately for any proposed redundancies. The examiner, Kieran Wallace of KPMG, now has until 25 July to formulate a scheme of arrangement with creditors, which, if approved, would allow CityJet to survive. The airline has resumed flying routes for SAS and is seeking a private restructure after Covid‑related financial difficulties. The case will return to court in late July.
In a High Court decision, Mr Justice Tony O'Connor ruled that Irish Life could refuse to pay the €250,000 life‑insurance benefit for the murdered gangster Eamon Dunne because he failed to disclose drug and alcohol misuse and depression when applying for the policy in 2008. The judge found that Dunne was required to give accurate details of his substance abuse and mental health history, which he did not do. The insurer's application form stated he drank six units of alcohol a week and had no mental or nervous disorder, statements that were misleading. The court rejected Ms Saunders' claim that Irish Life was negligent or that the insurer had misled Dunne. Ms Saunders, who had not read the policy terms, was found not to have been aware of Dunne's past abuse until the insurer notified her in 2011 that the policy would not pay out.
The High Court appointed Jim Luby of McStay Luby as provisional liquidator for Monsoon Accessorize Ireland Ltd and Monsoon Accessorize Ireland (Holdings) Ltd. The Irish arm operated ten stores and employed 140 people. The retailer had suffered trading difficulties, worsened by Covid‑19 closures, and reported a 92% drop in sales from March 1 to the present in 2020 compared with the same period in 2019. The parent company in the UK entered administration earlier that month, and a pre‑pack arrangement saw Adena, linked to founder Peter Simon, take over the UK business. The Irish companies' liabilities, including lease obligations, exceeded assets by over €1.8 million for the year ending August 2020, making them insolvent. The appointment was deemed in the best interests of employees, landlords, creditors and the company's stock, and the matter was adjourned to a date next month.
The High Court has allowed Heritage ICAV and Kilmaloda Ltd, landlords of Debenhams' Henry Street and Patrick Street premises, to commence proceedings against Debenhams Retail Ireland Ltd. The landlords seek declarations that the leases have been terminated and orders for unpaid rent. The Irish arm of Debenhams, which operated 11 stores and employed 1,500 people, entered liquidation after its UK parent, Debenhams Plc, went into administration. The leases were originally held by the UK parent and then subleased to the Irish subsidiary. The landlords' counsel stated that the quarterly rent for the Henry Street store was €1.4 million and €814,000 for the Cork store. The liquidators, Kieran Wallace and Andrew O'Leary of KPMG, are maintaining a neutral stance. The landlords intend to regain control of the premises and make them available for commercial use as soon as possible.
Eamon Ronald Harrison, 23, of Mayobridge, Co Down, was sought by Essex police for 39 counts of manslaughter and one count of conspiracy to assist unlawful immigration after a trailer containing 39 Vietnamese migrants was found dead in an industrial park in Grays, Essex. The trailer, allegedly delivered by Harrison to a Belgian port before its onward journey to Britain, was recorded as "biscuits." The migrants died from lack of oxygen between 8pm and 10pm, with temperatures inside the unit rising to 38.5°C. Harrison's appeal to stop his extradition to the United Kingdom was dismissed by the Court of Appeal, which upheld the High Court's decision. The court found the European Arrest Warrant provided sufficient detail of the alleged acts and that all conditions for surrender were met. Harrison was ordered to be extradited to the UK. The appeal was dismissed, and the order will take effect after 10 days from the judgment.
The High Court has authorised Nordic Aviation Capital DAC, a leading aircraft lessor headquartered in Limerick, to pursue a scheme of arrangement with its creditors. The court heard that the Covid‑19 pandemic has severely impacted the company's business, with a sharp decline in cash collections—only 20% of expected payments were received in April—and a projected cash shortfall by July. The proposed scheme would grant a six‑to‑twelve‑month standstill on approximately €5 billion of debt, covering principal and interest, and would allow the group to continue operating its fleet of about 500 aircraft. Additional measures include a US$60 million injection from shareholders, a reduction of non‑essential spending, elimination of a US$5.7 billion uncommitted capital programme, deferral of a US$1.5 billion committed programme, and a cut in new aircraft deliveries from 21 to eight.
In a High Court decision, Gerard Mongan was awarded €35,500 in compensation after being struck by a car driven by his former son‑in‑law, Martin Mongan, on 16 June 2013 outside Mongan's home in Renmore, Galway. The incident followed an argument, and Mongan claimed the vehicle was used as a weapon. The Motor Insurers Bureau of Ireland (MIBI) appealed a lower court ruling that Mongan was entitled to damages, arguing no liability because the driver had not been negligent. The High Court dismissed the appeal, finding that Martin Mongan had driven deliberately and negligently, and that the MIBI was liable under Irish and European law. The judge noted that Mongan's evidence was unconvincing and that the car was indeed driven straight at him, constituting a direct attempt on his life. The court therefore upheld Mongan's claim for damages.
The High Court has reserved judgement on a case where Davy Platform ICAV, a fund that provides social housing, seeks an injunction against Mr Gerard O'Sullivan, who it says is the former owner of an apartment at Rosebank Place, Clondalkin, Dublin 22. The fund alleges that Mr O'Sullivan has re‑entered the two‑bedroom property without lawful permission and claims it is his family home. It also claims that Ms Fiona O'Brien, a niece of Mr O'Sullivan, is trespassing on the premises, asserting she lives there under a lease granted by Mr O'Sullivan. The fund, represented by Michael O'Sullivan BL, requests that the defendants vacate the property and stop trespassing or interfering with it. Mr O'Sullivan, representing himself, denies any wrongdoing and says he is the owner, and seeks to have the fund's application struck out. Ms O'Brien was not represented or present.
The High Court has extended the bankruptcy of a Carrickmacross farmer whose cattle were destroyed by Defence Forces marksmen in 2016. Justice Teresa Pilkington ruled that John Hoey failed to cooperate adequately with the Official Assignee, Chris Lehane, in disclosing his assets. The court found evidence that Mr Hoey concealed cash on his property, moved farm machinery to a local hotel, and did not fully disclose proceeds from cattle sales. Mr Hoey disputed the allegations, contesting that he provided required documentation and describing himself as haunted by the July 2016 culling of his cattle. The judge determined sufficient grounds existed to extend the bankruptcy, which began in February 2016, and adjourned the matter to allow both parties to submit proposals on the length of extension. The case will return to court next month for further hearing.
The High Court has dismissed Deirdre Dennis's application to annul her bankruptcy, a status she claimed resulted from Bank of Ireland (BOI) overcharging her on mortgage repayments. Ms Justice Teresa Pilkington expressed considerable sympathy for the distress Ms Dennis endured but found the court lacked jurisdiction to grant the annulment. The judge determined that the alleged errors by BOI, which the bank admitted after Ms Dennis's discharge, lay outside the bankruptcy process. Ms Dennis had lost her family home in Killala, Co Mayo, after BOI sought repossession in 2015 following arrears. She successfully petitioned for bankruptcy in October 2017 and was discharged 12 months later. In 2019, BOI apologized for failing to provide a tracker rate and withdrew a €115,000 claim in her bankruptcy. However, the judge noted that Section 135 of the 1988 Bankruptcy Act precludes the review or cancellation of a discharge order. The court found no fraud or abuse of process, which are the grounds for reversing bankruptcy orders. The Insolvency Service of Ireland was found to have acted properly. Consequently, the application was dismissed as misconceived, with the judge noting that any redress against BOI lies elsewhere.
The High Court has dismissed an application by John Waters and Gemma O'Doherty for leave to challenge pandemic-related legislation. Mr Justice Charles Meenan ruled that the applicants failed to provide expert evidence or facts to support their claims that the laws were disproportionate or unconstitutional. The judge described their reliance on unsubstantiated views and historical parallels as insufficient, noting they lacked medical or scientific qualifications. The applicants, who represented themselves, sought to quash various acts, including the 2020 Health Preservation and Protection Act, arguing they breached constitutional rights regarding travel, bodily integrity, and the family. The State and notice parties, including the Dáil and Seanad, opposed the application, with counsel describing it as a frontal attack on the separation of powers. The judge agreed that the legislation was constitutionally permissible and that the manner in which it was passed by the Oireachtas was not subject to judicial interference. He further noted that the case should have been brought by way of plenary hearing rather than judicial review. The applicants had indicated their intention to appeal to the Court of Appeal if leave was not granted. The decision was delivered electronically, and the matter is to be mentioned before the court again at a later date.
In a High Court judicial review, John Waters and Gemma O'Doherty, representing themselves, seek permission to challenge several Covid‑19 related laws as unconstitutional. They target the 2020 Health Preservation and Protection and Other Emergency Measures in the Public Interest Act, the 2020 Emergency Measures in the Public Interest Act Covid‑19 Act, and the 1947 Health Act (Affected Areas) Order, as well as temporary restriction regulations introduced under the 1947 Health Act. The applicants argue that the legislation and its enactment violate constitutional rights to travel, bodily integrity and the family. The State and lawyers for the Dáil, Seanad and Ceann Comhairle, all notice parties, contend that permission should not be granted. Judge Charles Meenan will decide on Wednesday whether the journalists have an arguable case for a full hearing. The proceedings were conducted with Gardai ensuring social‑distancing measures at the Four Courts complex.
The High Court, on 11 May 2020, ordered the winding up of Oasis Fashions Ireland Ltd and Warehouse Fashion Ireland Ltd, which together employed about 248 people. Mr Justice Michael Twomey confirmed the firms were insolvent and appointed Ken Fennell and James Anderson of Deloitte Ireland as joint liquidators on a provisional basis. The two companies operated 13 stores and 29 concession stands in Ireland. Their parent, Aurora Fashions, is owned by Icelandic Kaupthing Bank, and administrators had been appointed to the UK parent a month earlier. The liquidators were instructed by Kelley Smith BL, who noted that the group had been trading in a difficult environment worsened by the Covid‑19 pandemic, which forced the closure of high‑street stores in late March and hindered the group's ability to secure new investment. The liquidators have been working with creditors, including employees, landlords and Revenue, to ensure an orderly wind‑down of the business.
The High Court appointed Paul McCann of Grant Thornton as provisional liquidator for Mahalo Ltd, the company behind the Bamboo app that lets users order meals from over 100 restaurants in Galway, Dublin and Cork. Launched in 2018, the app charged a small commission on each order. Mahalo's revenue fell sharply after 95% of its partner restaurants closed during the Covid‑19 pandemic, and most users—primarily professionals—began working remotely or stopped working altogether. A rival firm offered €37,000 to acquire Mahalo's assets and hire its six employees, but the company's debts, including €460,000 owed to investor Joseph Elias and €30,000 to Revenue, far exceeded that offer. Directors Luke Mackey and Stefanos Focas sought a provisional liquidation to protect creditors and preserve the company's servers. Judge Senan Allen, satisfied that Mahalo was insolvent, appointed the liquidator despite concerns that a court‑appointed process might not yield the best price for the assets.
The High Court confirmed the appointment of joint liquidators Kieran Wallace and Andrew O'Leary of KPMG to Debenhams Retail Ireland, which operated 11 stores and employed 950 staff directly, with an additional 500 at concession stands. The liquidators believe the business is unlikely to be acquired by another party, so all employees will be made redundant. The Irish subsidiary had been in financial difficulty for some time, incurring losses of over €40 million in 2018 and 2019, and was propped up by its UK parent until the parent ceased funding. The court noted the directors had no alternative but to seek liquidation. The liquidators have entered a 30‑day consultation period with employees, the Mandate and Siptu trade unions, and the Minister for Social Protection, while planning to realise assets for creditors. The company's creditors include Revenue (€3.8 million), landlords, trade creditors, other group firms and employees.
A Monaghan man, Ronan Hughes, is alleged to be the 'ringleader' and 'chief organiser' of an organised criminal group involved in the trafficking of 39 Vietnamese migrants found dead in a lorry container in Essex in October 2019. The High Court heard that Hughes is alleged to have organised, paid for the travel, and controlled the drivers who collected the migrants. Evidence presented during the bail hearing included the freezing of €200,000 in 33 bank accounts linked to Hughes and his family, as well as the seizure of a 2019 BMW X5 valued at €108,000. Mr Justice Paul Burns will deliver a decision tomorrow on whether Hughes will be granted bail ahead of his extradition hearing. Hughes, who is wanted by UK authorities on 39 counts of manslaughter and one count of conspiracy to assist unlawful immigration, was arrested in Co Monaghan following the endorsement of a European Arrest Warrant. Maurice Robinson, Hughes' younger brother, has pleaded guilty to conspiracy to assist unlawful immigration and acquiring criminal property. The case is currently at the appeal stage, with no finalisation of the matter yet.
The High Court confirmed Kieran Wallace of KPMG as examiner for CityJet DAC, giving him up to 100 days to draft a scheme of arrangement with creditors that, if approved, would allow the airline to survive. CityJet, which flies routes for SAS and Aer Lingus and employs 1,175 people, has become insolvent after its fleet of over 30 aircraft was grounded by the Covid‑19 outbreak, which also disrupted a planned merger and a private restructure. The judge noted the company's reasonable prospect of survival if certain steps are taken, citing an independent expert's report and the support of its main customer SAS. Revenue Commissioners were made a notice party, and the court heard that CityJet disputes a €23 million tax demand for 2016‑2018, which it has appealed to the Tax Appeals Commission. The airline's debts total €500 million, with a net deficit of €186 million on a going‑concern basis.
The High Court confirmed the appointment of Kieran Wallace and Andrew O'Leary of KPMG as liquidators for the USIT student travel group companies, following a provisional appointment last month. The firms – Dublin USIT Ireland Ltd, School and Group Tours Ltd, and Dublin College of Business Studies Ltd – employed about 149 people and collapsed due to the Covid‑19 pandemic, which halted travel and caused a loss of bookings for the language school. Rossa Fanning SC represented the companies and explained that the pandemic wiped out their business, leading to insolvency. Stephen Walsh BL, for the liquidators, reported that most employees had been dismissed, with only a handful remaining. The judge approved the liquidators' appointment and directed the directors to file statements of affairs. He adjourned the confirmation of the liquidators for the holding company, The Kinlay Group Ltd, to a later date to allow a correction in the application.