In a High Court decision on 21 May 2019, Mr Justice Tony O'Connor dismissed an injunction bid by ER Travel, trading as Easirent.com, against the Dublin Airport Authority (DAA). Easirent, part of a group offering online car‑hire services in the UK, US and Ireland, had sought to prevent the DAA from stopping it from collecting customers from the airport's public car park and transporting them to its offices 2 km away. The DAA denied the claims, arguing that Easirent's activity breached airport bye‑laws and that permission is required for any firm to pick up clients at the airport. Justice O'Connor noted that while the plaintiff raised a compelling issue, damages would be an adequate remedy after a full hearing. He directed that the dispute be heard by the judge in charge of the competition list in the coming weeks, hoping a date will be set for the full hearing by autumn.
In a High Court ruling on 14 May 2019, Mr Justice Senan Allen dismissed an independent candidate Ben Gilroy's legal challenge against RTE's decision not to include him in a live debate for the European Parliament elections. Gilroy had sought declarations that the exclusion was unfair, undemocratic and breached Broadcasting Authority of Ireland regulations, claiming it gave an advantage to established politicians. RTE argued that its selection criteria—such as prior election to the EU Parliament, Dáil, or achieving more than 5% in a recent national election—were fair, objective and impartial. The judge agreed with RTE's counsel, noting Gilroy's application appeared aimed at enhancing his electoral prospects rather than seeking an urgent injunction. The court dismissed the case, awarded costs to RTE, and highlighted that the proceedings were not properly conceived as a judicial review. A separate action by another independent candidate, Eamonn Murphy, was scheduled for a later hearing.
The High Court appointed a provisional liquidator to Play Print Ltd, a Dublin-based printing company that specialises in bingo cards, scratch cards and lottery tickets and employs 47 people. The court found the company insolvent and unable to meet its debts, citing loss-making since 2016, competition from online and digital technologies, a shrinking bingo market, fewer clubs and community centres using bingo for fundraising, and exchange rate changes after Brexit. The company's directors, including Managing Director John Martin, Ms Clair McCrosain and Mr Manus MacCrosain, agreed that appointing a provisional liquidator was in the best interest of all parties, including creditors, to ensure existing contracts could be completed over the next three to four weeks. Mr Micheál Leydon of Outlook Accountants was named the provisional liquidator. The matter will return to court later this month.
A 67-year-old man from County Donegal has been granted a date to appeal his extradition to Northern Ireland over charges relating to a 1972 bombing in Enniskillen. John Downey was arrested in November 2018 at his home in Creeslough following a European Arrest Warrant. He faces charges of murdering two British Army soldiers, Lance Corporal Alfred Johnston and Private James Eames, who were killed when an explosive device detonated in a vehicle on the Irvinestown Road, Cherrymount, on 25 August 1972. The High Court in Dublin ordered his extradition in March 2019 despite objections based on delay and a "comfort letter" issued by the British government to alleged republican paramilitaries during the conflict. The Court of Appeal has scheduled a hearing for 27 May 2019. Mr Downey's legal team cited his health concerns and questioned whether evidence allegedly linking him to the bombing still exists.
In a High Court hearing on 28 March 2019, the extradition of 64‑year‑old Roy Norman Kenyon was discussed. Kenyon, convicted of murdering Margaret Potts in 1971, had been serving a life sentence in the UK when he absconded to Ireland in 2003. He lived under the alias Alan McPherson in Tullamore for 15 years before being arrested in Eyeries, Co. Cork, on 2 May 2018. The court heard that Kenyon was in the process of having his sentence reviewed when he fled. His barrister, Sean Guerin SC, noted that Kenyon had been deemed suitable for release in 1985 after completing the punitive portion of his sentence, but he absconded again, losing five years of potential release each time. Kenyon has not committed any further offences since the murder. The hearing will continue next month.
In a High Court ruling on 21 March 2019, Mr Justice Michael Twomey dismissed the defence of Hirar Properties Limited and its owner, John Philip Ryan, in a case brought by Allied Irish Bank Plc (AIB). AIB sought summary judgement for €2.8 million against the company and €2.25 million against Ryan, claiming the company failed to repay loans secured by the property known as the Globe on Cecil Street, Limerick. Ryan had acquired Hirar in 2008 after AIB expressed concerns that previous owners could not service the loans. The defendants argued that the case should proceed to a full hearing, citing alleged breaches of a collateral agreement that would have enabled a Business Expansion Scheme investment to develop the Globe into a hostel. The court found no credible evidence of such an agreement, concluding that the defendants had no fair or reasonable defence and that no documentary proof of a collateral arrangement existed.
Miriam O'Callaghan, a broadcaster, has filed a High Court claim against Facebook and Instagram for defamation. She alleges that false adverts appeared on social media in May 2018, using her image and name to promote a skincare range she did not endorse. The ads falsely claimed she had left her RTE position to focus on the product, described as a scam. Users who clicked were offered free trials that allegedly debited their bank accounts without authorization. O'Callaghan seeks a permanent injunction to stop the adverts and damages for malicious falsehood, unlawful appropriation of personality, breaches of constitutional rights and defamation. Her lawyers have obtained a Norwich Pharmacal‑style order from Facebook Ireland to disclose the identities of the advertisers, as Facebook has not removed the ads despite prior requests. The case is set to return to court next week.
The High Court jailed businesswoman Wendy Whitty for contempt after she refused to comply with an injunction that barred her and her husband Scott Dyer from interfering with the receivership of several properties in Wexford and Cork. Whitty had previously undertaken not to impede the bank‑appointed receivers from collecting rents, not to present herself as the rent‑collector, not to communicate with tenants or enter the properties. She later rescinded these undertakings, claiming duress and intimidation, and the court found her to have clearly resiled from them. The judge committed her to Mountjoy prison until she purges her contempt. Dyer was unable to attend court due to illness, and the judge ordered a detailed medical report. The case was adjourned to the following week.
The High Court has ruled that Galway-based KPW Business Forms Ltd, trading as KPW Print, is entitled to its legal costs in a judicial review action brought against the State Examinations Commission (SEC). Mr Justice Max Barrett held that the applicant, which had previously operated an online marking pilot scheme for the SEC, was entitled to costs estimated in the five figures. The case concerned the SEC's decision to award a €5m tender for an online marking system for Leaving and Junior Certificate exam scripts to a rival UK firm, RM Results. KPW Business Forms Ltd challenged this decision, alleging flaws and bias, while the SEC denied any wrongdoing. The proceedings became moot when the SEC withdrew the tender the month after the action was filed. The judge determined that the SEC's unilateral decision to withdraw the contract rendered the proceedings moot, rather than an external factor outside the parties' control. He noted that the SEC could have arrived at an alternative decision or engaged with the court within the tendering process. Consequently, the court rejected the SEC's argument that each side should bear its own costs and ordered the SEC to pay the applicant's legal costs.
In a High Court decision on 26 February 2019, Mr Justice Senan Allen dismissed a teacher's application for a permanent injunction that would have stopped the Teaching Council of Ireland from notifying the National Vetting Bureau (NVB) about concerns over his relationship with a former student. The judge found "abundant justification" for the council's concern following an investigation into the teacher's conduct with a 19‑year‑old male student. Allegations included the teacher allowing the student to consume alcohol while alone with him, being under the influence of alcohol himself, and attempting to remove the student's tracksuit bottoms. The council had also received complaints that the teacher had sent messages asking the student to retract information given to the school principal and Gardaí.
The High Court ordered the extradition of Daniel O'Connell, 65, the alleged "controlling mind" behind a £20 million VAT fraud. O'Connell, who lives in Clare and Limerick, had challenged the extradition on grounds of delay, his right to a fair trial and his indigence. Justice Aileen Donnelly rejected all objections, stating no evidence of a real risk to his rights. O'Connell was convicted in 2000 for five VAT evasion offences and sentenced to eight years, released on licence in 2003. A confiscation order of almost £6 million was imposed, with a seven‑year sentence for default. By 2016 the balance was nearly £6 million plus interest. He was arrested in 2017 under a European Arrest Warrant and will appeal the extradition order next Wednesday.
In a 12 February 2019 High Court decision, Mr Justice Max Barrett upheld the lawful detention of anti‑eviction activist Ben Gilroy at Dublin's Mountjoy Prison. Gilroy had sought an inquiry under Article 40 of the Constitution, arguing that his imprisonment for failing to complete an 80‑hour community service order was unlawful. The judge rejected his claims, stating that the order was not flawed and that the court was compelled by law to find the detention lawful. Consequently, Gilroy's bail was revoked and he was ordered to return to Mountjoy to serve the remainder of a three‑month term. The ruling was delivered in Court 2 of the Four Courts, where about 40 supporters and friends of Gilroy were present and expressed disapproval. Gilroy's earlier conviction for criminal contempt, related to a sworn statement in a €3.2 million judgment case, had led to the original three‑month sentence imposed by Mr Justice Brian McGovern.
In a High Court hearing, the Criminal Assets Bureau (CAB) argued that €10,700 found in a ladies' knee‑high boot and a man's jacket during a Garda search of Lisa Moore's home in Tallaght was proceeds of crime. The money was discovered on 31 August 2016. Moore denied the claim, stating the cash came from the sale of a car she owned, while her partner Robert Keeley made no comment. CAB's application was set to be heard by Justice Carmel Stewart, but the matter was settled after lawyers from CAB and Moore negotiated. CAB maintained that Keeley is linked to organised crime and has convictions for traffic offences, and that the couple's lifestyle and the property's high‑end security features suggested illicit income. The settlement allowed CAB to seek an order deeming the cash proceeds of crime under the 1996 Proceeds of Crime Act. The case was resolved before a final court order was issued.
The High Court has allowed an unnamed Algerian man in his fifties to amend his legal challenge against the Minister for Justice's refusal to revoke a deportation order. Mr Justice Richard Humphreys dismissed the man's current arguments but adjourned the case to permit an amendment regarding reports of incommunicado detention in Algeria. The judge noted an error in the Minister's analysis concerning secret detention facilities, identifying a prima facie issue that required addressing. The man, who denies terrorism links and claims a risk of torture, was convicted of terrorism offences in Algeria and France. He had previously used multiple identities and was jailed in Ireland for attempting to travel on a false passport. In the 1990s, he received three life sentences and two death sentences in Algeria for forming an armed terrorist group and possessing prohibited weapons. Additionally, he was jailed for eight years in France in 2002 after being found guilty of membership of a criminal organisation preparing an Act of Terrorism. The Minister issued the deportation order in 2016, citing security concerns. This ruling follows three previous applications where the Supreme and High Courts ruled in the man's favour, remitting the refusal to the Minister for fresh consideration.
The High Court appointed a provisional liquidator, Mr Micheál Leydon, to CKSK Limited, a Dublin‑based digital marketing firm that has lost 22 jobs. CKSK, which had clients such as VHI, Pepsico, Sony, Irish Distillers Pernod Ricard, Heineken and Three Mobile, became insolvent after contracts were cancelled or failed to materialise, and a sale of the company was not possible due to concerns over Brexit. The court was satisfied that the company could not pay its debts. CKSK, founded in 2006, had been profitable until 2017 but recorded an operating loss of €283,000 and a net loss of €738,000 for the year ending 2018, with a deficit of €852,000. The provisional liquidator will finish existing contracts, collect invoices, and explore the sale of parts of the business. The case will return to court in February.
The High Court ruled that €14,850 seized from Paul Morgan, an English national, was proceeds of crime. Morgan was arrested after a high‑speed car chase in Finglas, Dublin, where Gardai observed suspicious driving. Following the pursuit, Morgan was searched and found to have just over €13,000 in a bag in his jacket and about €800 in his sock. He denied ownership, claiming the money was not his problem. The Criminal Assets Bureau (CAB) argued that Morgan, aged in his late 30s, had no legitimate source of income and had previous convictions, including a 12‑year sentence in 2007 for transporting €3 million of heroin into Ireland. CAB had secured freezing orders and sought to have the cash deemed proceeds of crime. Morgan was served with the application at several addresses in Liverpool but did not contest it or attend court. The judge confirmed the cash as proceeds of crime after CAB's notification efforts.
The High Court has reserved judgement on two judicial review actions challenging the Child and Family Agency's (CFA) policy of deferring special care orders for at‑risk children until a place becomes available. The cases involve two teenage boys whose chaotic lifestyles have put their health and safety at risk. The CFA's National Special Care Referrals Committee had deemed them at immediate risk and in need of placement, yet the agency has delayed applications for special care orders. The boys' lawyers, Michael Lynn SC and Gerard Durcan SC, seek orders quashing the CFA's deferral, declarations that the agency has failed to protect their rights, and that its policy breaches constitutional obligations and is unlawful. The CFA, represented by Conor Dignam SC, argues the policy does not breach rights, citing resource and staffing shortages. Ms Justice Mary Faherty has reserved her decision after hearing all submissions.
In a High Court hearing on 21 December 2018, Justice Teresa Pilkington dealt with a dispute between Nokia Ireland and its landlord, Clyde Real Estate Blanchardstown Ltd, over the failure to provide heating, ventilation and air‑conditioning (HVAC) services in a commercial office in Dublin. Nokia, employing 100 people, alleged that the office conditions were "Arctic" and that the landlord had breached the 2015 lease by shutting down the old HVAC system without notice. The judge had initially ordered Clyde to reactivate the old HVAC system and reconnect hot water to Nokia's offices. However, after counsel for Clyde explained that the old system could not be restarted because a new HVAC unit was being installed, the judge stayed the order. The case will return to the High Court at the end of January for an update on the new HVAC installation, and both parties were granted permission to return to court on 24‑hour notice if needed.
The High Court has granted freezing orders against a financial advisor and two associated companies following allegations that approximately €159,000 advanced as an investment was misappropriated. Ms Justice Leonie Reynolds made the orders in favour of Mr Jamie Murphy, who claims Mr James Doherty, trading as Demvera Capital Partners, used funds transferred in 2017 for personal purposes rather than investing them in a disability care company as agreed. The injunctions, also made against Demvera Trust unlimited Company, prevent the defendants from reducing assets below €159,000, including sums held in bank accounts in Dublin and Donegal. The court heard that despite requests for return of the investment, Mr Doherty has provided only excuses and assurances without repaying the money. Mr Doherty's whereabouts are currently unknown, though believed to be in the United Kingdom. The matter will return to court in January.
The High Court has ruled that €17,000 in cash seized from the apartment of Jeremy Skerritt constitutes proceeds of crime. Ms Carmel Stewart appointed a receiver over the monies after Skerritt, who did not contest the Criminal Assets Bureau's application under the 1996 Proceeds of Crime Act, failed to claim ownership or provide an explanation for the funds. The cash was discovered wrapped in tinfoil under a mattress during an April 2016 search of his North Circular Road flat, part of Operation Thistle targeting the Kinahan organised crime gang. CAB argued the money derived from drug sales, noting Skerritt's lack of legitimate income and 22 previous convictions. The court heard Skerritt is described as a low to mid-ranking member of the Kinahan organisation and a childhood friend of Daniel Kinahan, who was a named party on Skerritt's motorbike insurance policy. That policy was found in the home of Skerritt's girlfriend, where keys to a Lower Baggot Street apartment were also recovered. A subsequent search of that address revealed Naoufal Fassi, cannabis, a false Belgian ID, cash, and documents linking the location to the Kinahan gang. Fassi was later extradited to the Netherlands, where he was jailed for 18 years for organised crime and attempted murder. The High Court's decision finalised the civil forfeiture of the seized cash.
In a High Court decision dated 18 December 2018, Ms Justice Carmel Stewart awarded more than €1 million in damages and interest to a group of twenty Portuguese workers who had been employed by three Portuguese companies—Rosas Construtores SA, Constructocoes Gabriel AS Couto SA and Empresa Deconstrucoes Amandio Carvalho SA—under the RAC Eire Partnership. The workers had been building a section of the N7 motorway between Limerick and Nenagh in 2007‑2008 and claimed they were treated appallingly, underpaid, and housed in a cramped, fire‑hazardous prefab building with no drinkable water, unreliable showers and foul wastewater. They alleged unreasonable wage deductions for accommodation and laundry, and that the employers kept fraudulent records of hours worked. The judge found the employers breached numerous employment regulations, including the Organisation of Working Time Act, and ruled the workers were entitled to damages of €818,000, with the final award expected to exceed €1 million after interest.
The High Court has ruled that a Limerick apartment linked to Brazilian-born Aulicete Walsh and her son, Maicon Morelli, was acquired with the proceeds of crime. Ms Justice Carmel Stewart granted orders in favour of the Criminal Assets Bureau (CAB) under Section 3 of the 1996 Proceeds of Crime Act. The court found that the property, purchased in 2014 for approximately €34,000 and registered in Mr Morelli's name, was bought using criminal funds. The judge noted that Mrs Walsh had previously been convicted of brothel keeping in Ennis and Limerick in May 2015, resulting in an eight-month prison sentence in 2017. She had also been convicted of brothel keeping in 2012 at Newcastle West District Court and fined €750. Dismissing the respondents' claims that over €20,000 of the purchase price came from legitimate income, the judge cited inconsistencies in Mrs Walsh's evidence and a failure to provide financial documentation. The court determined that the lifestyle maintained by the family, including holidays and new cars, was funded by criminal activity exploiting vulnerable women. Consequently, the matter was finalised with the court granting the CAB's application to deem the apartment proceeds of crime.
The High Court approved the extradition of a 79‑year‑old Irish‑US citizen to New York, where the FBI alleges he has produced child pornography for at least 30 years. He faces charges of sexual exploitation and transportation of a minor and two counts of possessing child pornography. The FBI claims he filmed, recorded or photographed himself and others in sexual acts with minors under 18, created the material in the US and abroad, maintained a collection, and sold copies. His barrister, Kieran Kelly BL, argued that extradition should be refused on grounds of the client's age and numerous medical conditions, citing potential inhumane treatment. Justice Aileen Donnelly rejected these objections, noting the court's satisfaction that extradition would not violate the respondent's rights, and ordered the man to await the Minister's decision while in custody. The client intends to appeal within ten days.
An academic and part-time researcher with the Roman Catholic advocacy group the Iona Institute, Dr Angelo Bottone, has initiated defamation proceedings against Twitter over tweets he claims defamed him. The action concerns tweets from October 2017, which Dr Bottone alleges are untrue and defamatory, and which he claims he requested Twitter to remove. Twitter denies responsibility for any allegedly defamatory tweets. Rossa Fanning SC, representing Twitter, stated that his client is surprised by the lawsuit and intends to rely on the defence of innocent publication. Declan Doyle SC, for Dr Bottone, argued that Twitter cannot rely on that defence due to its refusal to remove the tweets following repeated complaints. The case was briefly heard before Ms Justice Leonie Reynolds at the High Court, where Dr Bottone secured an order directing Twitter International Company to disclose details of the account holder he alleges defamed him. The orders require Twitter to provide Dr Bottone with the identity of the account user, including name, address, telephone number, email address, IP addresses, and other related information. Dr Bottone does not know the identity of the account holder and intends to take defamation proceedings against them. Twitter neither consented nor objected to the order, and Mr Fanning stated that the information will be provided by January 11th next. The judge reserved the issue of costs to the hearing of the action.
In a High Court hearing on 7 December 2018, Mr Justice Tony O'Connor dismissed the International Transport Workers Federation's (ITF) application for an injunction against the State over the Atypical Working Scheme for Non‑EEA crew in the Irish fishing fleet. The ITF alleged that the scheme allowed migrant fishermen to be exploited, under‑paid, racially abused, over‑worked and, in some cases, assaulted, and that it facilitated human trafficking. The court accepted that the federation was concerned about serious human‑rights abuses but found that it had not established a strong case of probability that the scheme would cause the alleged mischief. The judge noted that the scheme, introduced in 2016, had safeguards to discourage, investigate and prosecute trafficking, and that suspending it could increase risk for non‑EEA fishermen by removing enforcement powers. Consequently, the injunction was refused, and the case is scheduled for further hearing in February.
Michael Collins, who had a recent bail address at Mellows Park in Finglas, pleaded guilty to handling stolen property in Enniscorthy on 1 February 2015. He was found guilty of three counts involving stolen power tools worth almost €7,000 and two high‑quality bicycles worth just under €2,000. The owner had reported a burglary a few days earlier and Collins recognised the tools by their distinctive yellow cables. He was sentenced to 10 months' imprisonment, with the final four months suspended for five years, by Judge Barry Hickson. Collins' lawyers sought a judicial review, arguing the five‑year suspension was disproportionate, but the High Court rejected the appeal and the Court of Appeal upheld that decision. Justice Isobel Kennedy confirmed there is no statutory limit on the length of a suspended sentence and that the judge's decision was proportionate and evidence‑based.
The High Court has permitted an appeal in the extradition case of Artur Celmer, a 31-year-old man wanted by Poland to face trial on drugs trafficking charges. Ms Justice Aileen Donnelly, who previously ordered Celmer's surrender, granted the appeal on the basis that her interpretation of a Court of Justice of the EU ruling was not "clear cut" and that another view might prevail. She proposed that the matter be formalised for a higher Irish court, suggesting a "leapfrog" appeal directly to the Supreme Court due to the case's impact on other extradition proceedings. The core legal question is whether generalised systemic deficiencies in an EU member state's judicial independence are sufficient to establish a specific risk to an accused's fair trial rights. A stay on the surrender order was imposed for 11 days. The proceedings also addressed allegations regarding Poland's justice reforms. While Poland's Deputy Justice Minister was quoted as calling Celmer a "dangerous criminal" connected to a "drugs mafia," Judge Joanna Bitner of the Warsaw Regional Court assured the High Court that such statements were irrelevant to judicial independence. Conversely, Judge Piotr Gaciarek testified that recent laws and their practical operation posed "very serious threats" to the Polish justice system, citing disciplinary actions against judges who criticised government amendments aimed at placing courts under political control.
In a High Court hearing on 23 November 2018, Mr Justice Senan Allen dismissed an injunction application by Blue Diamond Sports Ltd, trading as Dundalk Bureau de Change, and its related firm Blue Diamond Sports No 2 Ltd. The firms sought to prevent the Bank of Ireland (BOI) from terminating their banking arrangements, alleging that BOI's decision was discriminatory, disproportionate, unlawful and breached EU Payment Services Regulations. BOI had informed Blue Diamond in April that it intended to end the relationship shortly after the firm repaid a loan. BOI justified the termination on suspicions of money‑laundering activity, citing the 2010 Money Laundering and Terrorism Financing Act, which obliges banks to report suspicious transactions. The judge found the injunction application failed at the first hurdle, that the balance of convenience did not favour granting it, and that any closure could be fairly measured and compensated by damages.
In November 2018 the High Court granted injunctions allowing two Leaving Certificate students to return to school while their case against the school's board of management was pending. The students had filmed and posted a video of a fellow pupil snorting white powder, which the school said threatened order and discipline. The board had preliminarily decided to exclude them, a decision the students challenged as unfair, disproportionate and flawed. Justice Max Barrett ruled that the injunctions would permit the students to attend school for the current academic year, noting that the incident involved no illegal substance and that the students' future education was at stake. He acknowledged that the disciplinary process would continue and that the injunction did not alter the board's authority. The board sought an appeal and a stay, but the court declined to grant one and awarded the students legal costs for the injunction application.
The High Court issued a permanent order preventing the use of a Dublin property at 414 North Circular Road, Dublin 7, for multi‑occupancy units or as a hostel. The building, described by Dublin City Council (DCC) fire safety officers as a "tinderbox", had housed up to twenty squatters, including foreign nationals. DCC had previously obtained temporary orders for occupants to vacate and had served a fire safety notice after a public complaint. Fire safety officers warned that a fire would spread rapidly, that escape routes were inadequate, that there were no fire extinguishers, and that rubbish and combustible material were stored inside. The order was made against Mr Edward Doorly, who controls the property, after discussions with his lawyers. The court noted that the property had been unoccupied for some time but squatters had moved in, and that Doorly had cut the electricity and was pursuing legal action to remove them.
The Irish High Court ordered the surrender of 31‑year‑old Polish national Artur Celmer to Poland to face drug‑trafficking charges. Celmer was arrested in Ireland under a European Arrest Warrant. His lawyers argued that Poland's recent judicial reforms, described as "generalised and systemic" violations of judicial independence, could jeopardise his right to a fair trial. Justice Aileen Donnelly, after consulting the Court of Justice of the EU, concluded that while Poland's judiciary has systemic deficiencies, these alone did not create a real risk of a denial of fair‑trial rights for Celmer. She therefore found no specific risk to Celmer and ordered his surrender within 25 days. Celmer's counsel may appeal, and the case will be heard again next Monday. The decision was made under EU law, not Polish law, and focused solely on the risk to Celmer's fair‑trial rights.
The High Court, on 15 November 2018, ordered the immediate evacuation of 414 North Circular Road, Dublin 7, a mid‑terrace three‑storey building described by the court as a "tinderbox". The injunction was granted by Mr Justice Seamus Noonan after Dublin City Council (DCC) presented evidence that the premises, registered to Lily Kilroy and Eileen Doorly, was occupied by 15 to 20 foreign nationals who had been squatting there. DCC fire safety officers had found no adequate means of escape, no fire extinguishers, and combustible material stored inside, including a camping stove and an unknown electricity supply. The council argued that a fire would spread rapidly and pose a serious risk to life. DCC had corresponded with Edward Doorly, the nephew of the deceased owners, who had not taken legal action to remove the squatters.
The High Court has dismissed an application by former Garda Commissioner Noirin O'Sullivan for an order allowing her to bring a defamation action against the Irish Examiner. Ms O'Sullivan, who served as Commissioner from 2014 to 2017, claimed the newspaper defamed her in an October 2016 article. The newspaper denied the article was defamatory and opposed her bid to extend the statutory time limit. Under the 2009 Defamation Act, litigants have 12 months to sue, though the court can extend this to two years. Ms Justice Teresa Pilkington refused the extension, ruling that Ms O'Sullivan's reasons for delay were insufficient to disapply the one-year limit. The judge noted that Ms O'Sullivan could have instituted proceedings within the statutory period and that her decision not to do so had consequences. The judge further stated that the prejudice to the newspaper in losing its limitation defence outweighed the prejudice to the plaintiff. The matter was adjourned for two weeks to allow the parties to consider the decision. The underlying article reported that two senior Gardaí, Supt Dave Taylor and Sgt Maurice McCabe, made statements under protected disclosure legislation. These allegations were raised in the Dáil by Michael Martin, leading to a Commission of Inquiry conducted by Mr Justice Peter Charleton. Ms O'Sullivan argued she was under intense strain until the tribunal concluded, while the newspaper maintained it published matters of significant public interest.
The High Court ordered the surrender of an unnamed man to the UK to face a murder charge. He had claimed that if extradited to Northern Ireland's Maghaberry Prison he would be subjected to inhuman and degrading treatment. The court, presided over by Ms Justice Aileen Donnelly, considered the man's alleged risk of self‑harm and the overall safety protocols of the Northern Irish Prison System. She noted that the system had robust inspection and risk‑assessment procedures and that any adverse findings had been acted upon. The court found no substantial risk that the man would be subjected to inhuman or degrading treatment if surrendered. The man is wanted to face a charge of murdering 30‑year‑old Jennifer Dornan, who was stabbed to death in her burning house in Hazel View, west Belfast, in August 2015.
In a High Court decision on 2 November 2018, Mr Justice Seamus Noonan granted summary judgment to Launceston Property Finance Designated Activity Company against Mr John Walls, a businessman from Coney Hill, Balbriggan. The fund sought €1.32 million, the amount of loans it had acquired from the Irish Bank Resolution Corporation in 2014, including a €1 million loan advanced by the now-defunct Anglo Irish Bank to Mr Walls in 2008. Launceston demanded repayment in November 2016; when Mr Walls failed to pay, the fund sued for summary judgment. Mr Walls argued he had a defensible case, citing a binding compromise agreement entered in 2016 between his solicitor, Mr James Flynn, and an agent of Launceston. The judge found no evidence of such an agreement and dismissed all of Mr Walls' defenses, concluding that he had no reasonable probability of establishing a bona fide defense.
The High Court is set to give a judgment in November on the extradition of Artur Celmer, a 31‑year‑old Polish national, to face drug‑trafficking charges in Poland. Celmer was arrested in Ireland under a European Arrest Warrant. His lawyers argue that recent radical changes to the Polish justice system, which have brought the country into conflict with the EU, create a risk that his fair‑trial rights would be breached. After a referral by Justice Aileen Donnelly to the Court of Justice of the EU, the High Court sought further information from Polish authorities. The court received comments from Polish Deputy Minister for Justice Marcin Warchol, who described Celmer as a "dangerous criminal from a drug mafia." Donnelly said these remarks could undermine the presumption of innocence and questioned whether Poland's judicial independence was compromised.
The High Court has ordered the extradition of a Roscommon man wanted in the United Kingdom for involvement in a £5 million tax fraud. Thomas Joseph O'Connor, aged 50 and resident at Cloughbeirne, The Walk, County Roscommon, was convicted at Blackfriars Crown Court in London in January 2007 following a six-week trial and sentenced to four years and six months imprisonment for defrauding the British revenue. He failed to attend his sentencing hearing while on bail and faces additional charges of absconding. O'Connor had opposed his extradition on various grounds, including concerns related to Brexit. However, the Supreme Court dismissed his appeal on 24 October 2018, with Chief Justice Frank Clarke stating he had been afforded ample opportunity to raise relevant objections. Justice Aileen Donnelly ordered his surrender to UK authorities effective 31 October 2018.
The Irish High Court froze a retirement fund worth £167,000 held by a Dublin‑registered financial services company for Mr Michael 'Lionella Boscardi' Cowan, a UK film producer under investigation for alleged fraud. The order followed a UK request to recognise a 2017 external freezing by a London court, applied under the 2008 Criminal Mutual Assistance Act. The court heard that UK authorities suspect Cowan and others of defrauding 246 investors of £11.2 million between 2012 and 2016, laundering the money through various company accounts, banks, third‑party disbursements and personal expenses. Investors were reportedly offered high‑return film‑investment opportunities linked to UK tax relief, directed to pay entities tied to films that never materialised, and received certificates allegedly signed by Cowan. Cowan denies wrongdoing, claims stress and autism, and says he was a victim of fraud. The retirement policy, paid for with investor funds, began before the alleged fraud. The High Court adjourned the matter.
The High Court has appointed a provisional liquidator to Taiga Shtof Ltd, a company based at Laburnum House, Fairgreen Road, Ballymote, County Sligo, which manufactures and distributes premium Russian vodka. Ms Justice Leonie Reynolds appointed insolvency practitioner Shane McCarthy of KPMG following confirmation that the company is insolvent and unable to meet its debts. The appointment was made after the court heard that the company encountered difficulties arising from a shareholder dispute. Production deadlines were allegedly not met, and the company faced funding shortfalls and unpaid expenses, causing significant business delays. The product, originally scheduled for launch in September 2016, was not released until December of that year. Two of the shareholders petitioned the court seeking a liquidator's appointment to preserve the company's brand and intellectual property for creditors. The petition also sought to facilitate execution of an exclusive United States distribution agreement required before November 7th. The judge adjourned the matter to a date in the following month.
The High Court has adjourned an application by the Revenue Commissioners to wind up Limerick FC, a League of Ireland Premier Division club. The Collector General has petitioned to have Munster Football Club Ltd, trading as Limerick FC, wound up following an alleged failure to pay a tax demand issued in mid-September for outstanding PAYE and PRSI contributions. The company's registered address is listed at Kirby O'Sullivan Sports, Social & Business Park, Bruff, County Limerick. During a brief mention before Mr Justice David Keane, counsel for the Collector General informed the court that both parties had agreed to adjourn the petition for three weeks. The court will revisit the matter once Limerick FC's senior men's team completes their remaining fixtures, including a promotion and relegation play-off against Donegal side Finn Harps.
The High Court wound up Jax Miller Unlimited, the company run by writer Ann O'Donnell (pen name Jax Miller), after it failed to pay a €83,000 tax demand from the Revenue Commissioners. The demand, issued in March, covered unpaid PAYE, USC, LPT, Corporation Tax and interest. The court, presided over by Ms Justice Caroline Costello, found the firm insolvent and unable to meet its debts. Mr Myles Kirby was appointed liquidator. The company's directors, Ann O'Donnell and her husband John O'Donnell, both from New Inn, Enfield, Co. Meath, had no assets or income in the last two years. Ann O'Donnell had received advance payments for a two‑book deal in 2014; the first book, published in 2015, sold moderately worldwide, while the second was rejected by the publisher and she was dropped by her agent in 2017. She is now in the US seeking publication, and her husband works at a petrol station.
The High Court authorised the provisional liquidator of Coast Stores Ireland Ltd to sell part of the Irish subsidiary to Karen Millen Fashions Ltd. The sale agreement will preserve 50 of the 99 full‑time and part‑time positions in the Irish business. Coast Ireland operated five stand‑alone stores and ten concession outlets in Irish department stores. Karen Millen, which has acquired the entire UK Coast Group, will keep all Irish concession outlets and purchase all Irish stock. Declan McDonald of PWC was appointed liquidator; he argued that the sale best served creditors and the company. Karen Millen declined to acquire the five stand‑alone stores. The court, led by Justice Caroline Costello, approved the agreement. Coast Ireland's turnover fell from €7.1 m to €6 m in the year to February 2018, and the UK parent entered administration and was bought by Karen Millen.
The High Court on 11 October 2018 appointed Declan McDonald of PWC as provisional liquidator for Coast Stores Ireland Ltd, a fashion and accessories chain employing 99 staff across five stores and ten concession stands. Coast, part of the UK‑based Coast group, cited difficulties linked to its parent's collapse of House of Fraser and challenging market conditions as reasons for seeking liquidation. The court noted that the UK parent had entered a sales process, accelerated in recent months, and that Karen Millen had purchased Coast in the UK and expressed interest in the Irish concession stands. The appointment was made at the request of Kelley Smith Bl, with the board deciding to wind up the company. The judge adjourned the matter to November, allowing the liquidator to manage asset sales and ensure an orderly winding‑up, aiming to protect employees, creditors and suppliers.
In a High Court hearing on 26 July 2018, Ms Justice Caroline Costello appointed Michael McAteer and Stephen Tennant of Grant Thornton as provisional liquidators for the Dublin‑based OpenHydro Group Ltd and its subsidiary Open Hydro Technologies Ltd. The court was satisfied that both companies were seriously insolvent, with debts of about €280 million, and that their French parent had withdrawn support after investing €260 million and facing further projected losses of €128 million up to 2026. OpenHydro, which employs over 100 people and develops tidal‑energy turbines, had incurred losses of roughly €160 million in 2017 and required €1 million a week to survive. Naval Energies, the largest shareholder and creditor, had acquired the group in 2013 and argued that the complex structure warranted court‑appointed liquidators to secure assets worth more than €80 million. The matter was adjourned to August.
The High Court has reserved judgment in the third legal challenge brought by an unnamed Algerian man against the Minister for Justice's refusal to revoke his deportation order. The man, who has been in Irish custody since 2016, fears torture if returned to Algeria, citing Article 3 of the European Convention on Human Rights. He was convicted of terrorism offences in Algeria and France, having previously used multiple identities. In the 1990s, he was convicted of several offences in Algeria, receiving three life sentences and two death sentences, which are no longer carried out. He was also jailed for eight years following his 2002 arrest in France after being found guilty of charges including membership of a criminal organisation preparing an Act of Terrorism. Additionally, he was jailed in Ireland for attempting to travel on a false passport. The Minister issued the deportation order in 2016, citing security concerns. The State argues that human rights protections in Algeria have improved since 2016, including constitutional changes and the disbanding of the DRS intelligence agency. The man denies involvement with groups like Al-Qaeda, claiming his risk stems from political views. The case was remitted for reconsideration after previous High Court rulings quashed earlier refusals due to procedural failures. Mr Justice Richard Humphreys reserved judgment following submissions from both sides.
In a High Court hearing on 9 July 2018, the Court of Appeal (CAB) applied to have an apartment, allegedly bought with proceeds of crime, declared as such under the 1996 Proceeds of Crime Act. The apartment, purchased in 2014 for about €34,000, is owned by Aulicete Walsh, 55, and her son Maicon Morelli. Walsh was convicted of brothel keeping in 2015 and served eight months; she had earlier been fined for the same offence in 2012. CAB, following a Garda investigation, argues the purchase was funded by criminal proceeds and seeks freezing orders. Walsh and Morelli contest the claim, asserting that over €20,000 of the purchase price came from legitimate earnings and that they should receive a share of any sale proceeds. They also argue that the money used was from lawful work and from funds received from Walsh's late father in Brazil.
A Dublin man, Stephen Bennett, lost his latest legal challenge against the Director of Public Prosecutions' (DPP) authority to prosecute offences related to obstructing the installation of water meters. Bennett's lawyers argued that only Irish Water, the water services authority, could prosecute under the Water Services Act 2007, citing the act's language and the legal maxim "expression unius exclusion alterius" to support their claim. They suggested that if the DPP were the intended prosecutor, the section would not have been enacted as it was. The High Court had previously rejected Bennett's challenge, finding no ambiguity in the act. The Court of Appeal, led by Justice George Birmingham, upheld that decision, stating there was no hint that the DPP's normal jurisdiction was ousted and affirming the DPP's entitlement to commence summary proceedings. Bennett's lawyers were absent at the hearing, and no cost issue arose as he was legally aided.
The High Court granted KBC Bank permission to execute possession orders for two of Jerry Beades' properties, after a series of appeals. KBC sought orders for the properties at Richmond Avenue, Fairview, Dublin 3, and Little Mary Street, Dublin 1, claiming Beades had borrowed about €1.3 million in 2003 from IIB Homeloans Ltd, secured on those properties, and that €2.1 million remained outstanding. The orders were originally secured in 2008, appealed to the Supreme Court, and upheld in 2014. Beades opposed the orders, arguing that IIB was not entitled to sell the loans to KBC without his consent, that his personal data had been misused, and that a delay had forfeited KBC's right to execute the orders.
The High Court will decide on Monday whether Yvolve Sports Limited, a toy‑making firm employing 41 people, should remain in examinership. Ms Justice Caroline Costello appointed Mr Neil Hughes as interim examiner after the court was told that an examiner was needed to protect a key contract with US retailer Wallmart, which has been affected by the bankruptcy of Toy R Us. Yvolve's Irish directors and Taiwanese directors are in dispute. An independent expert said the company is insolvent but could survive if steps such as appointing an examiner are taken. Lawyers for a Taiwanese shareholder and trade creditors asked the judge not to confirm Mr Hughes, arguing that the company does not need examinership. Clovergade Ltd, an Irish shareholder, opposed this, fearing liquidation if examinership ended. Counsel for Chinese shareholders said they could recapitalise the firm with €1m‑€1.5m, but the amount was deemed insufficient to cover debts.
In a High Court decision on 28 June 2018, the court struck out Finn Lyden's damages claim against the Irish Banking Resolution Corporation (IBRC). Lyden, a former chief executive of SIAC Construction, had invested in a fund promoted by Anglo Irish Bank Corporation Ltd (later IBRC) in 2006 and repaid a loan in 2008. In 2012, his lawyers initiated proceedings seeking a declaration that the investment contract was void, repayment of all payments, and damages for breach of contract, breach of fiduciary duty, negligent misrepresentation and negligent misstatement. IBRC applied to have the claim struck out, arguing that the delay in progressing the case was inordinate and would prejudice the bank if it went to trial. The court agreed, noting that the summons was issued in December 2012 but the statement of claim was not delivered until October 2017, a delay of almost five years.