In a High Court hearing on 22 April 2020, Ms Emma Roche's application for a temporary injunction to keep her on the Garda roster was dismissed. Roche, a probationary Garda, argued that the decision to terminate her service was unfair because she had failed a beep test during 2017‑2019. She sought an injunction to allow her to continue working pending a full hearing. The court, presided over by Mr Justice Michael Twomey, noted that Roche had been informed of the termination on 10 April, before her lawyers filed the injunction request. The judge held that the Commissioner's decision had already taken effect, so no injunction could be granted. Roche had previously passed all other requirements, was sworn in 2017, and had an exemplary record, but the court did not rule on the merits of her appeal at this stage.
In March 2020 the High Court dismissed a judicial review challenge brought by David Prescott, a 35‑year‑old English national, who had been remanded in custody after being charged with three counts of criminal damage and one count of burglary in connection with a house fire at the Beechmount Estate, Navan, on St Stephen's Day. Prescott had been released on bail on 16 January, but was re‑arrested for breaching bail conditions and remanded again at Cloverhill Prison. He applied for bail on 27 February, but the District Court judge ruled that without a change in his circumstances the application could not be considered. Prescott sought to quash the decision and declare that a change of circumstances was not required after a bail revocation.
In March 2020 the High Court confirmed the removal of former deputy primary school principal Brian Fitzgerald from the teaching register after his conviction for child pornography offences. Fitzgerald, a 50‑year‑old former teacher, pleaded guilty in 2017 to possession of 555 images and 1,162 videos of children under 17, and to distributing over 50 images of child pornography. He also possessed 529 category two images and 1,018 videos of children under 18 with exposed genitalia. He was sentenced to three years' imprisonment, with the final 18 months suspended, to be served at Midlands Prison. The Teaching Council, following an investigation, imposed a disciplinary order removing him from the register and barred him from applying for reinstatement for 15 years. Fitzgerald had initially denied the allegations but later admitted the offences. The High Court upheld the council's sanction as appropriate.
The High Court appointed Neil Hughes of Tily Baker as interim examiner to three food‑distribution firms—Wert Capital Ltd, Dublin Foods Sales Ltd and Scallans Food Service Ltd—whose turnovers fell 70 % amid the Covid‑19 outbreak. The firms, employing over 70 people, deliver food and some non‑food items to restaurants, pubs, offices, hotels, nursing homes and catering companies in Leinster and the South East. Ms Justice Niamh Hyland noted that the firms are insolvent and cannot pay debts, but an independent expert reported they have a reasonable prospect of survival if fresh investment is secured and a scheme of arrangement is approved by the court. The examiner will also address employee wages, which have been paid directly by director Richard Meehan, and resolve invoicing issues with Grenke Invoice Finance. The matter was returned for a hearing in early April.
The High Court in Dublin has dismissed an appeal brought by a County Sligo man seeking to overturn a possession order relating to his family home. Keith McNair had appealed a 2016 Circuit Court decision, made in favour of Start Mortgages DAC, concerning his property at Lisheen, Loughaneeteen, Calry. Mr McNair raised several grounds of appeal, including alleged breaches of the Family Home Protection Act 1976 and non-compliance with the Code of Conduct for Mortgage Arrears. He also argued the 2007 mortgage agreement was unlawful due to Start's authorisation status and claimed violations of EU consumer protection directives. Mr Justice Garrett Simons dismissed all grounds, finding Start was entitled to possession as the registered charge holder. The judge noted Mr McNair had not disputed significant arrears exceeding €470,000, with no repayments made since July 2011. A six-month stay on execution was imposed, with permission granted to apply for extension should pandemic conditions persist.
The High Court has approved a settlement of €35,000 to the family of Brian McElhinney, a retired building contractor from Glenties, County Donegal, who died in December 2014 months after undergoing a medical procedure at Letterkenny University Hospital. Mr McElhinney's widow, Rosaleen, sued the HSE on behalf of herself and her late husband's dependents, alleging negligence in connection with a lumbar puncture performed in July 2014. Following the procedure, Mr McElhinney allegedly experienced severe pain and paralysis from the waist down, requiring extended hospitalisation. He was discharged in late August 2014 but died four months later. While his death was attributed to underlying conditions including myelofibrosis, the family claimed the procedure and alleged failure in its management significantly accelerated his death and caused them mental distress. The HSE had denied negligence. Mr Justice Kevin Cross approved the settlement on Wednesday, with the payment to be divided among family members.
The High Court approved a €12 million settlement in a personal injury action brought by Robyn Kilgallon against the HSE. The applicant, now nine years old, alleged that Sligo General Hospital was negligent in February 2011 when she was ten months old. It was claimed that despite presenting with severe symptoms, including a high temperature and unresponsiveness, she was sent home by a junior doctor without admission. Her condition deteriorated, leading to readmission, transfer to Belfast, and a diagnosis of bacterial meningitis that resulted in severe, life-lasting brain injuries. Liability was admitted by the HSE. Counsel for the applicant, Alistair Rutherdale BL, instructed by Donnacha Anhold, stated the matter was resolved following mediation. He argued that on the balance of probabilities, timely admission and antibiotic treatment would have prevented the catastrophic injuries. Mr Justice Kevin Cross approved the settlement figure, noting the applicant's complex medical needs and lifelong care requirements. The judge paid tribute to the parents, Declan Kilgallon and Cabrini Fallon, for their efforts. Outside court, solicitor Anhold noted the HSE had apologized but criticized the lack of communication regarding system changes to prevent recurrence. The family expressed gratitude to their legal team and indicated plans to move to a home adapted for Robyn's needs.
In a High Court hearing on 16 March 2020, Mr Justice Donald Binchy announced that he would postpone issuing extradition orders for most cases until after the Easter break, except for the most serious offences. He explained that early orders could encourage flight and create problems in the prison system, including uncertainty about whether the 25‑day surrender period could be met and the risk of committing individuals to prison. Binchy clarified that he was not calling for a full adjournment of all cases, as that could cause a backlog, and he preferred hearings to proceed with judgments delivered when necessary. He noted that only a small number of cases involve surrender arguments and suggested reducing court attendance and exchanging documents electronically. At the time, eight applications were listed to endorse incoming European Arrest Warrants, five to issue outgoing warrants, and 17 for case management. All extradition requests in Ireland are handled by the High Court in Dublin.
The High Court has ordered the appointment of a receiver over three luxury watches alleged to have been purchased with proceeds of crime. Christopher Waldron, aged 37 and with an address at Killala Road in Cabra, is facing proceedings brought by the Criminal Assets Bureau concerning two residential properties and the three watches, which include a Breitling chronograph, a Rolex Datejust and a Cartier Santos timepiece. The CAB contends that all or part of the properties and watches were acquired through criminal activity. Mr Waldron's claims denying the allegations were noted. Mr Justice Alex Owens appointed a receiver to take possession of the watches pending further order. A related case involving David Waldron, aged 42 and also from Cabra, concerning three properties in Wexford, Dublin and Kildare, was adjourned to 18 May. Those claims too are denied. The High Court's CAB list comprised 26 cases on the date in question, with social distancing measures in place among those attending.
The High Court approved Personal Insolvency Arrangements for Una and Margaret Kinsella, allowing them to write down millions of euros in debts owed to banks and Ennis Property Finance, an affiliate of Goldman Sachs. The arrangements let the sisters keep their homes and repay creditors over 12 months. Una, aged 45, owes about €3.8 million to AIB, Permanent TSB and Ennis Property Finance. She will sell investment properties worth €190,000 and restructure her €356,000 mortgage, paying €607 per month for 20 years and a €100 lump sum (€94 to Ennis). Margaret, aged 50, owes €4.2 million to Ennis, BOI, Ulster Bank, AIB and Banca March. She will sell investment properties, restructure her €257,000 mortgage, pay up to €650 per month for 20 years and a €100 lump sum (€88 to Ennis). The court found the arrangements more favourable to creditors than bankruptcy.
The High Court adjourned a motion that could see developer and businessman Sean Dunne jailed for alleged contempt of court. The Official Assignee, Mr Chris Lehane, claims Dunne has failed to comply with a 2018 order by Ms Justice Caroline Costello to pay €7,000 a month from 25 September 2018 to 25 May 2021 to increase assets for creditors. Mr Lehane has asked the court to compel Dunne to appear and answer the allegation of contempt. The matter was briefly heard before Ms Justice Teresa Pilkington. Mr Edward Farrelly SC, acting for the OA, said the OA intends to press ahead with an attachment and committal application. The judge allowed OBH Partners, Dunne's former legal representatives, to withdraw and provide Dunne's contact details to the OA. The case was adjourned for two weeks to see whether Dunne will secure new counsel or contest the proceedings himself.
Eamon Harrison, a 22-year-old from Mayobridge, Co Down, has secured a date to appeal his pending extradition to the UK. The Court of Appeal fixed May 7 for the hearing of his legal challenge, which was granted on grounds that the case raised issues in law. Harrison is wanted to face 39 counts of manslaughter, conspiracy to assist unlawful immigration, and conspiracy to commit human trafficking. He is alleged to have delivered the refrigerated trailer in which 39 migrants were found dead in Essex on October 23, 2019. The High Court previously ordered his extradition in January, noting allegations that he was involved in transporting illegal migrants on two prior occasions in October 2019, using the same trailer for the fatal journey. The judge also cited allegations that Harrison was stopped in France in 2018 driving a trailer containing 18 Vietnamese migrants. While the source text mentions Maurice Robinson, a 25-year-old from Craigavon, Co Armagh, who was arrested at the scene and admitted conspiracy to assist unlawful immigration and acquiring criminal property, the validated procedural stage for this report is the appeal concerning Harrison. Harrison was not present in court for the case management procedure. The matter remains at the appeal stage, with the hearing scheduled for May 7.
A Carrickmacross farmer has opposed an application to extend his bankruptcy by up to ten years at the High Court. John Hoey was declared bankrupt in February 2016 following a petition by John Kelly Fuels Ltd for €262,000. The Official Assignee, Chris Lehane, seeks the extension under the Bankruptcy (Amendment) Act 2015, claiming non-cooperation including failure to provide a Statement of Affairs. During bankruptcy proceedings, five cattle on Mr Hoey's farm were shot by defence force members in July 2016. Mr Hoey contests the allegations, stating he furnished required documentation and that assets were sold below value. He also disputes claims the cattle were destroyed humanely, describing the incident as traumatic. Mr Lehane maintains enforcement actions were necessary and appropriate. The case before Ms Justice Teresa Pilkington continues, with cross-examination of the Official Assignee ongoing.
The High Court approved personal insolvency arrangements (PIAs) for musician Frank McNamara (59) and his barrister wife Theresa Lowe (56), allowing them to write off almost €3 million of debt. The judge, Mr Justice Denis McDonald, had previously expressed concerns about discrepancies in McNamara's financial documents, particularly between a Standard Financial Statement (SFS) filed in January 2016 and a Prescribed Financial Statement (PFS) submitted in October 2016. He noted that the discrepancies had been explained and that the unsatisfactory approach taken by McNamara and his Personal Insolvency Practitioner should not lead to dismissal of the application. The court postponed the formal order until the assets of McNamara's late father's estate are realised, but confirmed that the PIAs will be effective once that occurs.
In a High Court ruling on 20 February 2020, Everyday Finance DAC and its receivers, Stephen Tennant and Nicholas O'Dwyer, were granted an injunction allowing them to take possession of a property at Avoca Park, Blackrock, Co Dublin. The injunction applies pending a full hearing of the action. The receivers sought vacant possession, claiming the property is subject to a mortgage secured by loans from AIB, now owed by the defendants. The defendants, Mr Paul White and his wife Ms Jane Gleeson, opposed the application, arguing the receivers' appointment was invalid and that Ms Gleeson had no debt and was entitled to rent benefits. The court found the plaintiffs' case strong and ordered the receivers to take possession, noting the property is occupied by about 15 people and that the defendants have not cooperated. The judge placed a stay on any sale of the house and adjourned the matter for a week before final orders are made.
In a High Court hearing on 17 February 2020, Mr Justice Leonie Reynolds appointed Mr Nicholas O'Dwyer as provisional liquidator for Haughton and Young Ltd, a Dublin‑based mechanical engineering subcontractor employing over 160 people. The firm, founded in the late 1990s and located at The Business Centre, Stadium Business Park, Ballycoolin Road, had been profitable for many years but began incurring losses from 2018, ultimately becoming insolvent. Losses were attributed to increased sector competition and alleged unpaid amounts on certain projects. Mr Brian Conroy BL, representing the company's main shareholders, argued that the provisional liquidator was urgently needed to protect the company's assets, including a large fleet of vehicles, from creditor claims. Counsel noted that creditors had occupied the premises and demanded payment, raising concerns about asset seizure. The appointment was intended to preserve assets and ensure orderly distribution to creditors. The matter was adjourned to early March for further proceedings.
In a High Court ruling on 3 February 2020, Mr Justice Garrett Simons granted Ennis Property Finance DAC, a fund linked to Goldman Sachs, an order for possession of a house in Devon Park, Salthill, Co Galway. The fund had acquired loans of €550,000 from Bank of Scotland (Ireland) in 2003 and 2006, which were secured by the property. Ennis claimed the loans were defaulted on by Mr Henry Greally, the owner, and sought possession on that basis. Mr Greally opposed the application, arguing that the debt was not fully explained, disputing the validity of personal guarantees, and alleging procedural errors by the fund. The judge found the evidence uncontroverted, confirmed the fund's registered charge and power of sale, and noted that the property was occupied. He awarded Ennis legal costs and imposed a one‑month stay on the possession order. The decision was described as "unusual.".
In a judicial review, the High Court quashed An Bord Pleanala's decision to grant planning permission for a 67.8‑hectare solar farm at Fiddane, Ballyhea, Co Cork. Environmental activist Peter Sweetman, represented by James Devlin SC and Margaret Heavey BL, argued that the board failed to conduct a proper Environmental Impact Assessment, rendering its permission invalid. The court also dismissed Sweetman's claims that the board's decision violated EU directives, finding the arguments were not properly made out. Sweetman's case against the State was likewise dismissed because the case against Ireland and the Attorney General was not properly pleaded. The judge adjourned the matter, allowing the parties to consider his decision, and will later decide whether the case can be remitted back to the board for a fresh consideration.
In a High Court hearing on 30 January 2020, Mr Justice Brian O'Moore imposed a 14‑year and three‑month disqualification on Kevin Rabbitte, director of Westman Plant and Civils Limited, for his role in a €1.2 million VAT fraud. Rabbitte admitted to a carefully coordinated scheme that used the company's VAT number to purchase machinery from the UK between July 2014 and June 2015, then sell it in Ireland without paying the due VAT. The fraud, described as a carousel or Missing Trader Intra‑Community VAT fraud, resulted in Revenue being defrauded of €1.2 million. Rabbitte had consented to a declaration that he knowingly defrauded the company's creditors, including Revenue, and to be personally responsible for €1.5 million of the company's debts. He received a 5 % discount on the maximum 15‑year disqualification allowed under the 2014 Companies Act because of his admissions and consent to orders before the hearing.
The High Court was asked to lift an injunction that limits protests against the greyhound racing industry outside Shelbourne Park. The injunction, obtained by GreyhoundStadium Ltd, bars six named protesters and anyone aware of the order from impeding access to the stadium within 50 metres of the entrance. The protests began after an RTE exposé of industry practices. Operators claim the protests have gone beyond peaceful protest, alleging intimidation and verbal abuse of patrons, while the defendants deny these claims and argue the protests have always been peaceful. The defendants, including Laura Broxson, Tawnie Ocampo, Catherine Wood, Bernie Wright, Conor Brady and Noiren Carrigg, seek to have the injunction lifted. The Irish Council of Civil Liberties has joined as amicus curiae, citing freedom of speech and assembly concerns.
The High Court is being asked to impose the longest possible disqualification on Kevin Rabbitte, former director of Westman Plant and Civils Limited, for his role in a €8m VAT fraud scheme. The company, liquidated in 2017, used its VAT number to import machinery from the UK between July 2014 and June 2015, failing to pay VAT when the goods were sold in Ireland. Rabbitte allegedly acted on behalf of an unnamed third party, bidding at UK auctions, acquiring goods under Westman's VAT number, and receiving a commission. The liquidator, Mr Myles Kirby, seeks disqualification, while Rabbitte, represented by solicitor Robert Dore, has consented to orders making him personally liable for €1.5m of the company's debts and to a declaration of intent to defraud creditors. The court will decide the disqualification period after hearing the parties' submissions.
In a High Court hearing on 21 January 2020, Mr Justice Alexander Owens ruled that a Volkswagen Passat and a diamond‑encrusted Rolex watch owned by a Kildare couple were purchased with proceeds of crime. Jerry Knee and Ann‑Marie Cassidy, both 30 and from Athy, represented themselves after their barrister, Desmond Hayes, withdrew following the court's rejection of their legal aid application. The items were seized by the Criminal Assets Bureau (CAB) on 29 May 2018 and were handed to the CAB's chief legal officer. Mr Knee has prior convictions for burglary and trespassing; Ms Cassidy has none. CAB, represented by David Dodd BL, argued that the couple's financial evidence—cash lodgements totalling €43,000 and a €5,000 lodgement—was inconsistent with the luxury items. The court found the couple's affidavits, which claimed the car was bought from savings and welfare payments, insufficient to prove legitimate funding, and therefore concluded the items were proceeds of crime.
A man in his 60s, charged with 105 counts of sexual abuse of a younger relative aged 7 to 18 between 1971 and 1982, lost a last‑ditch attempt to halt his pending prosecution on the basis of delay. The High Court refused an injunction that would have barred the Director of Public Prosecutions from proceeding, and the Court of Appeal upheld that decision. The judge noted the delay of 36 to 47 years was not exceptional and that the accused, now 64, was capable of remembering relevant details. He had no particular vulnerability or severe illness, though he had experienced stress from the accusations. The court found no real risk of an unfair trial and rejected the claim that the delay warranted a stay of proceedings. The case was dismissed on the grounds that the delay could be addressed at trial rather than through judicial review.
The High Court approved a Personal Insolvency Arrangement for Neal Sweeney of Liscarton House, Navan, who owes over €2 million. The arrangement is the first approved by the High Court to involve a debt‑for‑equity swap. Sweeney's main secured creditor, Promontoria Scarriff DAC, accepted a 41 % share in his family home, valued at €600 000, in exchange for the debt. Other creditors include Promontoria Finn Ltd and Cabot Finance Ireland Ltd. The debt arose from arrears on the mortgage of the family home and residual debt from a previously sold property. Sweeney, who now works in the building sector, will continue to repay the €350 000 mortgage. The decision was made by Mr Justice Denis McDonald and was not contested by the creditors. The case is part of a broader trend of debt‑for‑equity swaps pending before the High Court.
The High Court approved a Personal Insolvency Arrangement for Enda Patrick Whelan of Ennis, allowing him to write down almost all of his €60 million debt. The arrangement covers debts to National Asset Loan Management (about €56.4 million), Bank of Scotland (€1.46 million), Cabot Asset Purchases Ireland (€1.44 million), and Everyday Finance Ltd (€905,000). Under the PIA, Whelan will pay approximately €50,000 to creditors over the next 12 weeks. The court noted that the creditors will receive a very small amount—ranging from 1.3 cents to 0.01 cent per euro—rather than nothing if he were declared bankrupt. Whelan and his family will keep their three‑bedroom home, continue mortgage repayments, and the judgments against him will be deregistered upon successful completion of the PIA. The arrangement was approved after Nama consented following alterations to the terms. The judge was satisfied that the PIA should be approved.
The High Court will decide in five to six weeks whether to approve a personal insolvency arrangement (PIA) for musician Frank McNamara and barrister Theresa Lowe, who owe €3.7 million. Judge Denis McDonald had previously said he would not proceed until an affidavit clarifying Mr McNamara's inheritance was filed. Financial fund Tanager DAC, owed €2.26 million and secured against the couple's €550 000 home, objects to the PIA and raises a potential €4 000 tax liability linked to a €28 000 gift that was moved from Mrs Lowe's account to Mr McNamara's and then distributed to their four children. The couple's counsel argues all issues have been addressed and that the tax claim should not block the PIA.
The High Court has struck out a damages claim brought by Gerard Martin Fulham, who was incarcerated in Mountjoy prison between December 21st and 28th, 2007, for failing to pay debts. Mr Justice Bernard Barton dismissed the action as vexatious, frivolous, and bound to fail. Mr Fulham, a former building contractor, alleged that his imprisonment following instalment orders from creditors Chadwicks and Independent Communications Ltd breached his constitutional rights. He sought damages and a civil jury trial, claiming his health suffered. The defendants, including the State and the Attorney General, denied the claims and moved to strike out the proceedings, arguing Mr Fulham could not benefit from the 2009 McCann judgement, which found section 6 of the Enforcement of Court Orders Act 1940 unconstitutional. That ruling had previously allowed Caroline McCann to avoid a prison sentence for unpaid debts. The judge noted that Mr Fulham had not challenged his 2007 incarceration at the time nor sought judicial review within legal time limits. Consequently, he was not entitled to the benefit of the McCann decision. Although the claim was struck out, the matter will return before the courts in the New Year to deal with all outstanding issues.
In a High Court hearing on 11 December 2019, Mr Justice Senan Allen dismissed Ryanair's bid to introduce forensic evidence alleging that former Chief Operations Officer Peter Bellew had downloaded company data onto personal devices. The judge ruled the evidence was irrelevant to the court's question of whether a 12‑month non‑compete clause in Bellew's contract was enforceable. He also found an incident on 27 November, where Bellew allegedly removed a confidential document, irrelevant. Bellew denies wrongdoing and claims the document was taken by mistake. Ryanair's counsel sought to curtail the airline, arguing the evidence would delay the case. The judge's ruling came on the sixth day of the action, and Ryanair accepted that the proposed evidence would not be used. Bellew's defence maintains the clause is unenforceable. The case continues with Bellew's evidence to be presented on Thursday.
In a High Court decision on 2 December 2019, Mr Justice Tony O'Connor ruled that a father and daughter, Patrick O'Reilly and Breda O'Reilly, have arguable defences to a financial fund's demand for a €1.5 million judgment. The fund, Promontoria Aran Ltd, had sought summary judgment over a loan from Ulster Bank that secured an apartment in Herbert Park, Dublin. The fund claimed the defendants failed to repay the loan and sought an order to sell the apartment. Breda O'Reilly, who left Ireland in 1994 and lives in the United States, denied ever applying for a mortgage or banking with Ulster Bank and said she was unaware of her ownership until 2017. Patrick O'Reilly admitted ownership and claimed the debt had been repaid, also arguing the claim was time‑barred.
The High Court will decide later this month whether to endorse a French warrant for the extradition of Ian Bailey to France for the murder of filmmaker Sophie Toscan du Plantier. This is the third French attempt to secure Bailey's surrender. Bailey, 62, lives in Schull, Cork, and was convicted in absentia by a Paris court earlier this year, receiving a 25‑year prison sentence. He denies any involvement, did not attend the French trial, and has called the proceedings a "farce." Lawyers for the Minister for Justice presented a third European Arrest Warrant and noted that previous extradition attempts failed because the Supreme Court had ruled in 2012 that extradition was prohibited on extraterritoriality grounds. The Minister argued that new provisions in the Criminal Law (Extraterritorial Jurisdiction) Act 2019 might allow a different interpretation. Bailey's counsel, Ronan Munro SC, urged the court not to endorse the warrant, citing potential liberty loss.
In a High Court hearing on 28 November 2019, Berlin‑based W2 Filmproduktion Vertriebs GmbH sought an injunction against Irish film producers Morgan O'Sullivan and James Flynn over plans to produce a sequel to the TV series 'Vikings'. W2 alleges that the producers diverted about €40 million from Octagon Films Ltd, a company in which all parties are shareholders, and that the funds from the proposed 'Vikings Valhalla' series should be paid to Octagon. The producers deny any diversion of funds to themselves or to corporate entities they control. The case, which began in 2016, was returned to Justice Theresa Pilkington after the defendants requested an extension to comply with discovery orders issued in June. The defendants argue the discovery, involving over 500,000 documents and estimated at €900,000, is voluminous and should be completed by December 2020.
The High Court in Dublin has ordered the extradition of 18‑year‑old David Kerrigan to the United Kingdom. Kerrigan is wanted in the UK for the murder of Joshua White, 29, who was stabbed to death on Frampton Park Road, Hackney, on 26 April. White died from a stab wound to the heart after being attacked by men with knives, including "zombie" knives, in an incident described as gang‑related. Kerrigan is also wanted for an attempted murder of another man in Hackney shortly after White's attack. Two other teenagers have been arrested and charged in connection with the attacks. Kerrigan's lawyers objected, citing a risk of "inter‑prisoner violence" in UK prisons, but the court rejected this argument and ordered his surrender. The court noted that the reports of violence were not systemic and did not show Kerrigan would face a greater risk than other inmates.
In a long-running High Court action concerning the 1996 award of Ireland's second mobile phone licence to Esat Digifone, Mr Justice Senan Allen granted discovery orders in proceedings brought by Comcast International Holdings Inc, Ganley International Ltd, GCI Ltd, and businessman Declan Ganley. The plaintiffs, whose Cellstar consortium was an unsuccessful bidder, allege that the selection process was flawed and corrupted, seeking damages from the Minister for Public Enterprise, the State, Denis O'Brien, and Michael Lowry TD. The defendants deny these claims. The action, initiated in 2001, involved motions for the discovery of 22 categories of documents, including tender evaluations and communications. Defendants opposed the applications, arguing the requests were onerous and dated. In a detailed judgment, Mr Justice Allen noted the complexity of the case, exacerbated by prior Court of Appeal and Supreme Court decisions. He was satisfied to order the discovery of documents in most, but not all, of the requested categories. After delivering his decision, the judge adjourned the matter to allow the parties to consider his decision.
In a High Court case, Mr Edward McDonagh was awarded €2,000 in damages after Galway County Council destroyed his stallion, "Chief of Colours," in April 2018. The council had seized the horse on 11 February 2018, claiming it was wandering on Headford Road, and destroyed it on 13 April 2018 after Mr McDonagh refused to pay a €3,000 impounding and veterinary fee. Mr McDonagh contested the council's actions, arguing the fee was unlawful and that the council had acted beyond its statutory powers. The judge ruled that the council's destruction of the horse was unlawful, that the €3,000 demand was impaired by an unlawful €589 administration fee, and that Mr McDonagh was entitled to damages. The court awarded €2,000, noting the horse's value was modest and that the council's actions violated statutory requirements and property rights.
The High Court ruled that John Boylan, also known as John Power, acquired a 90 per cent stake in the Cheltenham-winning horse Labaik, a west Dublin property, a bank account, a mobile home, and a 2015 Mercedes Benz E Class with the proceeds of crime. Ms Justice Carmel Stewart found a substantial financial shortfall in Boylan's declared income, leading to the inescapable conclusion that these assets were directly or indirectly derived from criminal proceeds. Boylan, who denied the allegations and claimed earnings from gambling and an animal feed business, also brought plenary proceedings against the Criminal Assets Bureau (CAB). He alleged negligence and breach of duty regarding an injury Labaik sustained at Punchestown in April 2017, claiming CAB prevented him from selling the horse after seizing its passport. The judge dismissed these claims, finding Boylan's assessment of the horse's value and the injury's extent to be exaggerated and speculative. She determined that CAB acted appropriately, with no malfeasance or negligence, and that trainer Gordon Elliott was a truthful witness. The court noted Boylan had 67 previous convictions, including two for drugs offences. The matter was concluded with the assets identified as proceeds of crime and Boylan's civil claims against CAB dismissed.
In a High Court ruling on 25 October 2019, Mr Ronan Ryan was awarded the costs of his successful appeal against a repossession order by Tanager DAC over the house he shares with his wife, Pamela Flood, in Clontarf. The appeal arose after the Circuit Court had allowed Tanager to execute a possession order on the €900,000 property, despite Mr Ryan having obtained a protective certificate under the Personal Insolvency Act. Mr Ryan argued that the certificate gave him a period of protection from creditors, preventing the fund from taking possession or selling the home. Judge Garrett Simons set aside the Circuit Court's decision, held that the protective certificate applied, and ruled that Mr Ryan was entitled to the legal costs of the Circuit Court hearing and the High Court appeal. The costs were understood to be well into five figures.
In a High Court hearing on 18 October 2019, the court considered an application by Ms Rebecca Forde Egan of Ballymorris Portarlington, Co. Laois, for a Personal Insolvency Arrangement (PIA) to address her debts of about €600,000. The proposed PIA would allow approximately €200,000 of that debt to be written off, with Ms Egan agreeing to repay €168,000 to the Bank of Ireland over six years while retaining her interest in the family home. The Bank of Ireland, the secured creditor holding the bulk of the debt, opposed the arrangement, arguing that it would be prejudiced and that Ms Egan's means would not allow the bank to recover the debt. The bank cited past advances to Ms Egan and her husband for property refurbishment and an uncompleted purchase in France, and noted that Mr Egan had been declared bankrupt in 2009 and discharged in 2014.
The High Court has ordered the extradition of Gerard Lagan, 35, to Northern Ireland in connection with the 2007 double murder of Edward Burns and Joseph Jones in Belfast. Lagan, of Dunleer, Co Louth, faces charges alleging he lured the victims from their homes via telephone calls to be killed. The prosecution case, based on circumstantial evidence including cell site data, suggests Lagan was an organiser of the events and enlisted the assistance of Declan Smith and Gerard Mackin. Mackin was previously convicted for Burns' murder in 2008, a conviction later quashed on appeal, while Smith was murdered in Dublin in 2014. Lagan opposed extradition citing delay, previous non-prosecution decisions, and alleged rights breaches regarding mobile phone data analysis. Mr Justice Tony Hunt rejected all grounds, finding that fresh PSNI investigations and telephone data superseded earlier decisions. The judge determined there was no evidence of inappropriate data retention or examination, though he noted it remained unclear why such evidence was not analysed before 2015. Despite Lagan's family circumstances, including children in Irish schools and his role as a registered carer, the court found the public interest in extradition outweighed these factors. Lagan's legal team indicated they would consider the judgment to determine next steps.
In a High Court ruling on 7 October 2019, Mr Justice Garrett Simons overturned a Circuit Court decision that had allowed Tanager DAC to repossess the Clontarf home of Ronan Ryan and Pamela Flood. The Circuit Court had granted Tanager possession of the €900,000 property in August, following a consent order made by Mr Ryan in March that allowed a four‑month stay on execution. Mr Ryan had obtained a protective certificate under the Personal Insolvency Act in late June, which prevented Tanager from enforcing the possession order while the insolvency application was pending. The High Court held that the certificate was valid and that the non‑disclosure of the consent order did not amount to a material omission. Consequently, the possession order was set aside, the protective certificate remained in force, and Tanager could not execute the order against the couple's home. The case was adjourned for further consideration next week.
In a High Court ruling on 23 July 2019, Mr Justice Allen dismissed a claim by Beacon One Management Company Ltd, which represents about 70 apartments in Block E of the Beacon Court development, against Beacon Leisure Investments Ltd, the operator of the Beacon Hotel in Sandyford Business Park. The management company had alleged that the hotel's owners had denied residents access to the hotel through interconnecting doors in the shared corridors, a practice that had existed for over a decade and allowed residents to use the hotel's gym. After the hotel changed hands in 2016, the new operator notified residents that direct access would be stopped except in emergencies. The court held that the lease agreements for the apartments did not confer a general right of access through the interconnecting doors, and that the hotel owner was entitled to restrict such use, except for emergency egress. Consequently, the claim was dismissed.
The High Court, by Ms Justice Leonie Reynolds, ordered eight Travellers – William, Elizabeth, Mary Ellen, Jimmy, John, Winnie McCarthy, Belinda and Ned O'Reilly – to vacate the unofficial halting site at Cabragh Bridge, Cabragh, Thurles, by 5 pm on Tuesday, 16 July. The order was issued in favour of Tipperary County Council, which had served the defendants with short‑notice proceedings the previous week. The council sought injunctions to remove the defendants' mobile homes, vehicles and caravans, and to prevent any obstruction of the roadway. It also requested that the defendants cease residing on or near the bridge, which it described as an inappropriate place to live. The council had offered alternative accommodation, including a nearby halting site, and had a six‑unit group housing scheme ready for Traveller occupants, but the defendants had not accepted it.
In July 2019 the High Court upheld a District Court decision to strike out charges against Deidre Foley, Mark Redmond and OCS Operations Ltd. The charges, brought under the 1977‑2014 Protection of Employment Act, related to the June 2015 closure of Clerys department store, which caused 460 redundancies. Judge John Brennan had dismissed the charges in March 2018 because the prosecution failed to comply with an order for disclosure of computer records and statements from the Minister for Employment Affairs and Social Protection. Brennan also warned that further adjournments would infringe the defendants' right to a fair and expeditious trial. The Minister's subsequent High Court challenge, seeking to quash Brennan's ruling, was rejected. Justice Charles Meenan ruled that Brennan's decision was within jurisdiction, based on a full hearing, and correctly applied legal principles, noting that the Minister had not established any grounds to overturn the strike‑out order. Mark Redmond had the case struck out.
In a 2019 High Court decision, Justice Leonie Reynolds dismissed the Public Appointments Service and the State's applications to strike out Assistant Commissioner John Fintan Fanning's claim over a disputed recruitment process for Deputy Commissioner. The court allowed Fanning's action to proceed to a full hearing and permitted him to raise an issue concerning the alleged non‑disclosure of an anonymous letter. Fanning, who was shortlisted by a five‑member board in March 2015 and subsequently told he was not successful, seeks declarations that the recruitment breached his legitimate expectation and right to fair procedures. He also contested the nature of interview questions about left‑wing "extremists." The defendants, including the Public Appointments Service, Ireland and the Attorney General, deny wrongdoing. In November 2015 the court had previously dismissed Fanning's injunction request.
In a High Court hearing on 5 July 2019, Mr Justice John Jordan dismissed the injunction application of Abu Dhabi businessman Abdullah Rashid Ahmed Almana Mansoori against Wicklow falcon breeder Kenneth Smith. Mansoori sought to stop Smith from supplying falcons to any other party pending the outcome of their dispute over a 2014 agreement. Smith's lawyers said he had entered a contract to supply falcons to the Crown Prince of Dubai, though they could not confirm the identity of the third party. Smith claimed he had terminated the agreement in January 2019 due to unpaid invoices, while Mansoori denied termination and alleged quality issues with birds supplied in September 2019. The judge found the injunction unsupported, citing Mansoori's delay in bringing the case, the mandatory nature of the order, and animal welfare concerns. He awarded Smith the costs of the proceedings and urged a full hearing of the dispute as soon as possible. The case remains pending for further adjudication.
John Downey has lost a Court of Appeal challenge seeking to prevent his extradition to Northern Ireland in connection with the 1972 Enniskillen bombing. The 67-year-old, arrested in November 2018 at his home in Creeslough, Co Donegal, faces charges relating to the deaths of two British Army soldiers, Lance Corporal Alfred Johnston and Private James Eames, who were killed on 25 August 1972 when an explosive device detonated near Enniskillen. The High Court in Dublin ordered his extradition in March. The Court of Appeal upheld that decision today, with Mr Justice Michael Peart ruling that challenges based on an alleged "comfort letter" issued by the UK Government should be determined by Northern Irish courts rather than in extradition proceedings. Mr Downey's legal representatives indicated they intend to appeal to the Supreme Court. He remains on bail pending that application.
The High Court has ruled that developer Garrett Kelleher is not entitled to certain categories of discovery in his damages action against National Asset Loan Management Ltd (NALM). Mr Kelleher alleges a breach of confidence and malicious disclosure of his confidential financial information, claims which NALM denies. While NALM accepts that former employee Enda Farrell unlawfully disclosed information, it asserts it is not liable for his actions. In a pre-trial motion, Mr Kelleher sought documents regarding the dissemination of his banking and business affairs by Mr Farrell. Ms Justice Teresa Pilkington declined to compel NALM to provide the material, describing some requests as lacking specificity or constituting a "fishing expedition." The court noted that NALM was already providing certain relevant materials. The ruling references the 2016 sentencing of Enda Farrell, who pleaded guilty to eight counts of unlawfully disclosing information in breach of the 2009 Nama Act between May and July 2012. He received a two-year suspended prison sentence for leaking sensitive data to two investment companies. The court emphasized that none of the charges against Farrell related to Mr Kelleher's affairs. Mr Kelleher's claims are linked to suspicions arising in 2011, including a bid by the Trump organisation for the Chicago Spire project loan, which he alleges was based on leaked confidential material.
The High Court is set to rule at noon on Thursday in a dispute between Supermac's Ireland Limited and John and Mary Lyons regarding who should pay for refurbishment works at their Ennis Road, Limerick franchise. Supermac's, represented by Rossa Fanning SC, seeks an injunction to prevent the defendants from carrying out works without consent, alleging a breach of the franchise agreement. The Lyons, represented by Andrew Sexton SC, oppose the application, arguing they are entitled to perform urgent repairs and that the action constitutes satellite proceedings following a 2018 Circuit Court decision requiring Supermac's boss Pat McDonagh to reimburse over €150,000 in rates and rent. The defendants deny breaching a 2000 agreement, with Mr Lyons claiming in a sworn statement that he never signed it and describing it as a forgery. Mr McDonagh, in his own sworn statement, called this accusation entirely baseless and frivolous, noting that the original document was located at a solicitor's office and originated in the early 1990s. Both handwriting experts stated they could not verify signatures on the copy without the original, which has now been made available for examination. Mr Justice Senan Allen noted the parties were seeking to draw first blood but indicated the court would hold off ruling if a solution was presented by 11:59am. An appeal over the tenancy is due in July.
In a High Court decision on 31 May 2019, Mr Justice Senan Allen dismissed claims by five Criminal Asset Bureau (CAB) staff who sought the €19,000‑per‑year allowance paid to non‑Garda CAB officers seconded from Revenue, Customs and the Department of Social Protection. The staff, forensic accountants and financial crime analysts, argued that their duties—search operations, court document preparation, interviews with dangerous criminals and court testimony—were equivalent to those of the non‑Garda officers and therefore entitled them to the same allowance. They had previously applied to the Minister for Justice in 2008 and 2011, receiving a €9,500‑per‑year allowance that they never formally accepted. Mr Justice Allen found no legal basis for equal pay, noting that the staff's contracts specified their remuneration and that their work was primarily indoor support rather than field search. The court held it had no function in adjudicating pay claims and dismissed the action.
John Downey, aged 67, has appealed his extradition to Northern Ireland to face charges relating to the August 1972 bombing in Enniskillen, County Fermanagh, in which two British Army soldiers were killed. The High Court in Dublin ordered his extradition in March following his arrest in Creeslough, County Donegal, on a European Arrest Warrant. Northern Irish authorities seek to prosecute him for the murders of Lance Corporal Alfred Johnston and Private James Eames, who died when an explosive device detonated near a vehicle they were inspecting on the Irvinestown Road. Mr Downey's legal representatives argued before the Court of Appeal that a letter of assurance issued by the UK government constituted a decision not to prosecute him and created a legitimate expectation he would not face proceedings. The Attorney General's counsel contended the letter merely stated no active investigations existed at that time and did not amount to immunity from prosecution. The Court of Appeal reserved judgement on the appeal.
In a 2019 High Court judgment, Mr Justice Garrett Simons quashed An Bord Pleanala's 2016 decision to grant planning permission for Greenfield Ventures Limited to build a biogas facility at Gillstown, Garlow Cross, Navan, Co Meath. The court found that the board's conclusions regarding the EU Seveso III Directive were unreasonable, as no material had been presented to justify them. The judge noted that the board had incorrectly concluded that the 10‑tonne biogas storage limit would not be exceeded, a claim unsupported by the documentation actually relied upon. He also rejected the plaintiff's argument that the board erred in its assessment of the distance between the proposed plant and Mr Niall Halpin's dwelling. The case was adjourned to early June for the parties to decide whether to remit the matter to the board or to submit a new application. The Environmental Impact Assessment screening determination was upheld as lawful.