The High Court will decide later on a case that could affect many inheritance tax assessments. The dispute concerns a 2003 Capital Acquisitions Tax Act Section 86 exemption for a family home. Dublin woman Leanne Deane inherited her father's house at Aranleigh Mount, Rathfarnham, and also shares in four other residential properties under a 2011 family agreement. She applied for the dwelling‑house exemption, which was initially refused because of her other property interests. Revenue sent her a €52,000 assessment, which she appealed to a Tax Appeals Commissioner (TAC). In late 2017 the TAC found she met the exemption conditions and reduced the assessment to zero. Revenue now asks the High Court to confirm whether the TAC's decision is correct and whether Deane was precluded from claiming the exemption because she had other dwelling‑house interests at the time of inheritance.
In a High Court ruling, Ms Justice Carmel Stewart declared €211,000 held in Irish bank accounts as proceeds of crime. The funds were deposited by an individual using the alias 'Darren H Barnett', who had obtained a UK passport number through identity theft and used it to secure a PPS number in Ireland. In 2012, Barnett opened several Dublin bank accounts and received international deposits, including US$269,000 from a Dubai entity described as "frozen Atlantic Salmon." The Criminal Assets Bureau (CAB) traced the money to a scheme involving the alias, a fraudulent company named Harglena Global, and false residential addresses. CAB presented evidence that the company was not legitimate and that the alleged home address was unrelated to Barnett. Despite CAB's attempts to serve documents, the alias could not be located. The court, following CAB's evidence, ordered the freezing of the monies under Section 3 of the 1996 Proceeds of Crime Act.
In a High Court decision on 14 June 2018, Mr Justice Donald Binchy dismissed AIB's application for summary judgment of over €2.6 million against Kevin and Gillian O'Brien of Blackrock, Dublin. The judge found that the couple had raised an arguable defence, so the matter must proceed to a full hearing. AIB claimed it had advanced money to the O'Briens, which the court said was used for a €2.5 million property purchase adjacent to their former home. The bank alleged the couple breached loan terms in 2010, though some payments had been made. The O'Briens argued the 2006 and 2008 advances were not drawn in 2010, rendering the 2010 loan agreements void due to lack of consideration. They also claimed AIB failed to honour an oral agreement for additional funds and did not comply with mortgage arrears conduct code.
The High Court appointed Mr Neil Hughes as interim examiner for Yvolve Sports Limited, a toy‑making firm employing 41 people in Ireland. The appointment followed a request to protect a key contract with US retailer Walmart after the bankruptcy of a major customer, Toy R Us, caused cash‑flow problems. Yvolve also faced a dispute between its Irish directors and those based in Taiwan. An independent expert report said the company was insolvent but could survive if steps such as appointing an examiner were taken. Ross Gorman, representing Clovergade Ltd, a 36% shareholder, first applied for Hughes' appointment. Sino Foreign Trading Company, owning 49% of Yvolve, later sought Mr John McStay as examiner, but the court chose Hughes because his application was earlier. The case was adjourned to 15 June 2024.
The High Court confirmed Michael McAteer as interim examiner for the Sammon Group and its related companies after the collapse of Carillion. The Irish contractors, which employ over 216 people and are involved in major school building projects across Ireland, were owed about €8 million by an entity linked to Carillion. An independent expert report indicated the companies could survive if a scheme of arrangement with creditors is implemented. McAteer has up to 100 days to prepare this scheme, which, if approved, would allow the group to continue trading as a going concern. The group had been hired by a special purpose vehicle that included Carillion to build several schools and an educational campus, contracts worth roughly €87 million. The collapse of Carillion halted payments, preventing the Sammon Group from paying suppliers and subcontractors, and the court heard the group believes a successful examinership will enable it to finish its contracts on time and return to profitability.
The High Court ruled that money seized from firms linked to associates of Republican Thomas "Slab" Murphy by the Criminal Assets Bureau (CAB) is the proceeds of crime. CAB had begun investigating fuel laundering in 2012, focusing on the Murphy family of Hackballscross, Dundalk, Co Louth and their associates. In 2013 CAB obtained seizure orders against bank accounts of a dozen companies and individuals involved in the scheme. The court ordered that property recovered, including €266,000 in frozen accounts, be held for the State under the 1996 Proceeds of Crime Act. The seized firms—Athboy BioFuels Ltd, TCF Fuels Benali Marketing, Save Fuels Ltd, Hibernia Fuels Ltd, Vienna Fuels and Shin Ram Ltd—were part of an elaborate fuel laundering operation that involved laundering marked green diesel into unmarked white diesel for profit.
In March 2018 the High Court dismissed Stephen Kearney's appeal against a Circuit Court order that granted Permanent TSB (PTSB) possession of his family home at the Old Mill, Ratoath, County Meath. Kearney had challenged the repossession on several grounds, including alleged breaches of the Unfair Terms in Consumer Contracts Regulations, the 1995 Consumer Credit Act, and the failure of PTSB to provide a life assurance policy for him and his late wife. He also argued that his wife's will gave him a tenancy in common, allowing him to live in the property for life. The judge, Mr Justice Max Barrett, found no evidence of unfair terms, rejected the will argument, and held that PTSB had met its obligations regarding the life assurance policy, which had never been activated due to Kearney's failure to pay the premium. Consequently, the appeal was dismissed on all grounds, leaving the possession order in place.
The High Court has authorised proceedings for an additional sexual assault charge against a 78-year-old retired teacher currently in UK custody. The man, a UK citizen with a Donegal address, was extradited to the United Kingdom in July 2017 to face historical sexual assault charges and remains imprisoned awaiting trial. The High Court heard that he is now alleged to have sexually assaulted an underage student at a UK primary school between 1978 and 1980. As this charge was not included in the original European Arrest Warrant, UK authorities required High Court consent to proceed. Ms Justice Aileen Donnelly granted approval for the prosecution on the new matter today.
In a High Court hearing on 19 February 2018, Justice Caroline Costello dismissed a wife's application to compel the Official Assignee (OA) to investigate her estranged husband's financial affairs. The wife had sought a temporary order preventing the husband from exiting bankruptcy, alleging that he had hidden or failed to disclose assets before his 2016 bankruptcy petition. She claimed to be owed €18,000 from a 2012 loan and other monies. Justice Costello noted that the OA had already examined the husband's affairs in detail and found no need for further investigation, except for two discrete matters already under review. She concluded that the wife's application was not warranted, that the postponement of the husband's discharge was "penal" and not necessary for the administration of the bankruptcy, and allowed the husband to exit bankruptcy. The case centred on the wife's allegations of inconsistencies in financial information provided to the OA and other parties.
In February 2018 the High Court dismissed an application by 22 North County Dublin residents who sought permission to appeal the Court of Appeal over plans for a new €320m runway at Dublin Airport. The residents had argued that the development was illegal and that Fingal County Council had failed to address their concerns about its impact on homes and land. Mr Justice Max Barrett ruled that the residents had not raised any points of exceptional public importance that would allow the Court of Appeal to consider their appeal. He expressed sympathy for the residents and respect for their fighting spirit, but found no grounds for the appeal. The residents may appeal directly to the Supreme Court. In a separate ruling the judge ordered the St Margaret's Concerned Residents Group and the DAA to pay their own legal costs.
Francis Lanigan, 53, an ex‑paramilitary who lived in west Dublin, was sought by Northern Irish authorities for a 1998 murder in Co Tyrone. He was arrested in 2013 under a European Arrest Warrant while working as a barber, after authorities discovered he had been living under the alias "Ciaran McCrory." Lanigan claims the warrant is not a "forthright account" and questions why his surrender was not requested earlier. He has faced multiple High Court proceedings, a Court of Appeal case, a Supreme Court hearing and a European Court of Justice referral. In January 2024, the Court of Appeal dismissed his latest challenge, with the judge criticizing the delays and the strategy of reopening settled matters. Lanigan maintains that he was targeted by loyalists and that the warrant lacks full evidence, including CCTV footage. The court upheld the High Court's decision to surrender him to Northern Ireland.
The High Court adjourned a receivership application for 31 Dublin apartments owned by Sean Mackin. Receivers Luke Charleton and Andrew Collier, appointed by Promontoria (Aran) Ltd, allege interference by Mackin, who has leased all units for €3,000 per month—about 15% of the estimated €20,000 monthly value. The receivers seek injunctions restraining Mackin, who resides in Cullyhanna, Newry, and orders for him to hand over possession. They also target tenants Mr Thierry Mangione and Ms Eulalia St Maria, the latter's whereabouts unknown. Mackin entered a letting agreement in 2016 without PAL or Ulster Bank consent, and the lease expired last month. The court adjourned the case for two weeks to allow the tenants' renewal application to be presented on affidavit and to obtain contact details for the defendants.
The High Court has reserved judgement in the State's application to dismiss a damages claim brought by Peter Pringle. Pringle, an applicant, was originally sentenced to death for the murder of gardaí John Morley and Henry Byrne during a 1980 bank robbery in Ballaghaderreen, Co Roscommon. His sentence was later commuted to 40 years imprisonment, of which he served 14 years and ten months until his conviction was quashed by the Court of Criminal Appeal in 1995. He now alleges the State was negligent and breached his constitutional rights by failing to disclose crucial evidence before his trial. The State seeks dismissal of the claim, initiated in the mid-1990s, citing inordinate delay, while Pringle denies any delay on his part. Additionally, Pringle has brought a separate motion for the State to discover documents related to a 2002 DNA analysis by the Forensic Science Service in Birmingham. This analysis compared hair samples from the robbery vehicle with a voluntary blood sample provided by Pringle in 1994. The State informed Pringle's lawyers in 2003 that the results provided strong support for the hair originating from him. Pringle believes this report is intended to halt his damages claim and seeks the associated paperwork, which he claims has not been provided. The State denies these claims and opposes the discovery motion. Ms Justice Carmel Stewart reserved judgement on both applications following submissions from both parties.
In February 2018 the High Court continued an injunction against Mr Paul Howard and Ms Una McClean, owners of several Dublin properties, after reports that tenants were forcibly removed from an apartment in Mountjoy Square. The injunction, obtained by Mr Ken Fennell, prohibits the defendants, their agents and anyone aware of the order from trespassing, damaging, or collecting rent from the tenants. It also requires them to hand over possession of all the properties to the receiver, Promontoria (Oyster) DAC, and to refrain from interfering with the receivership. Mr Fennell, represented by Stephen Byrne Bl, cited concerns for tenant safety and alleged attempts by the defendants to thwart the receivership. Ms Justice Caroline Costello agreed to continue the orders and adjourned the matter to 13 February. The defendants have agreed to abide by the injunction and to hand over any rent collected after the order.
In a 23 January 2018 High Court decision, Justice Carmel Stewart ruled that €875,000 held in Irish bank accounts belonging to Mr Adam Shina Muhammed, a man in his early forties, were proceeds of crime. The accounts, controlled by Mr Muhammed and located at several Irish financial institutions, had been frozen after a Criminal Assets Bureau (CAB) application. Mr Muhammed had not formally opposed the application and had previously denied involvement in money laundering, claiming the funds were business loans for his company Eirclean. No evidence supported this claim; CAB presented evidence of large sums deposited between May 2014 and November 2015 from Hong Kong, China, the USA and Nigeria, totaling about €1.5 million, with €875,000 remaining after some dissipation. CAB found no records of Eirclean's trading activity, premises, employees or tax returns. Justice Stewart therefore ordered the accounts under Section 3 of the 1996 Proceeds of Crime Act and appointed a receiver over the monies.
The High Court has been asked to consider committing Iarnrod Eireann CEO David Franks and DART District Manager Chris Rafferty to prison for alleged contempt of court. Applicant Paul Leblique, of Finglas East, Dublin, claims the company failed to comply with a direction by Mr Justice Paul Gilligan last April to restore him to his position as a DART driver. Mr Leblique was demoted to a non-driving role in 2016 after refusing to provide a urine sample following a safety incident at Tara Street Station. He argues that despite passing required assessments, he has not been reinstated. Represented by Conor Bowman SC, Mr Leblique brought a motion seeking to attach and commit the two executives to prison. Irish Rail, represented by Stephen Dodd BL, entirely rejected the application as unmeritorious. The matter was before Mr Justice Tony O'Connor, who noted the seriousness of the claims and fixed the hearing of the application for next Friday. This motion follows a previous High Court ruling where Mr Justice Gilligan ordered the disciplinary findings against Mr Leblique be set aside and directed his restoration to his position, also awarding him costs. The company denies the claims of non-compliance.
The High Court has quashed the Minister for Justice's refusal to revoke a deportation order against an unnamed Algerian man, remitting the matter for fresh consideration. Mr Justice Richard Humphreys ruled that the refusal was procedurally flawed because the Minister failed to inform the man's legal team that specific information regarding Algeria, contained in a blog, was relied upon. This decision follows a July Supreme Court ruling that had previously quashed an earlier refusal and sent the case back to the Minister, who subsequently refused revocation again last September. Counsel for the man, represented by Michael Lynn SC, argued that the court should quash the deportation order entirely and release the man, who has been in custody for a year, noting he fears torture if returned to Algeria. Conversely, the Minister's counsel, Remy Farrell SC, argued for remission, citing public interest concerns regarding the man's alleged links to Islamic terrorism. The court heard that the man was convicted of terrorism offences in Algeria and France, having previously used multiple identities and been jailed in Ireland for attempting to travel on a false passport. He was jailed for eight years following his arrest in France in 2002 after being found guilty of charges including membership of a criminal organisation preparing an Act of Terrorism. The judge accepted that while there could not be endless applications, the matter must be remitted for further consideration. The proceedings were adjourned to a date in February.
In a High Court hearing on 19 December 2017, Mr Justice Tony O'Connor appointed Anthony Weldon of Kieran Ryan and Company as provisional liquidator for Digital Motor Limited, the owner of the Car Buyers Guide website. The company, which employed 22 people and generated revenue from website advertising, was declared insolvent and unable to meet its debts. The appointment was requested by Bristol Mallory Ltd, the sole shareholder of Digital Motor Limited, which also owed the company €1.14 million. Other parties with beneficial ownership of the shares were also represented. Counsel noted that the company had been loss‑making and had relied on loans from Bristol Mallory, but could no longer provide financial support. The liquidator was empowered to secure the firm's assets, particularly the website, and to manage their sale, ensuring creditors could not dissipate assets before the process. The matter was adjourned to January.
The High Court approved schemes of arrangement allowing seven companies controlled by Galway businessman Gerry Barrett to exit examinership on December 21st. Ms Justice Marie Baker approved the proposals, which secure over 330 jobs across businesses including the Five Star G Hotel, Meyrick Hotel, apartments, a retail park, and the Eye Cinema. The schemes were formulated by examiner Neil Hughes of Baker Tily Hughes Blake following negotiations with main creditor Deutsche Bank. Paul Gallagher SC, representing the bank, stated that an agreement was reached with the Barretts, who withdrew their objections to the schemes. The companies, represented by Gary McCarthy SC and Michael Cush SC, had previously opposed the examiner's proposals, alleging unfairness to a class of impaired creditors. Deutsche Bank, owed more than €690m, had initially opposed the examiner's appointment, alleging an attempt to renege on a 2016 debt settlement. However, following rulings by the High Court and Court of Appeal, the examiner was appointed. Under the approved schemes, investor Waltzfire Ltd will inject €89m plus €9m in working capital. The court's approval ensures the companies continue as going concerns, with all trade creditors paid and employment secured.
The High Court has appointed a provisional liquidator to Tairgi Acla Ltd, a brewery operator on Achill Island, County Mayo. Mr Justice Paul Gilligan made the appointment on Friday, naming chartered accountant John Healy as provisional liquidator following evidence that the company is insolvent and unable to meet its debts. The brewery, located at Bunnacurry, produced Achill brand beer and faced liabilities totalling €158,000. The court was told the company had lost its insurance and brewing licence, with electricity supply at imminent risk of disconnection due to unpaid bills. Counsel for the company stated the liquidation would secure assets and stock while enabling two employees to pursue redundancy, wage arrears, and holiday pay claims before Christmas. The company, established in 2014 by brothers Malcolm and Dermot Cooney and UK-based cousins Anthony and Daniel Keating, ceased trading following a breakdown in relations between the cousins. Company members unanimously agreed to the appointment. The matter was adjourned to January.
The High Court has been asked to approve survival schemes for seven Galway companies controlled by businessman Gerry Barrett, which employ over 330 people. Insolvency practitioner Neil Hughes, who was appointed examiner earlier this year, has prepared the schemes. The companies—KH Kitty Hall Holdings Ltd, Ml Meyrick Ltd, Mono Trading Ltd, Edward Leisure Assets Unlimited Company, Niche Hotels Unlimited Company, Style City Limited and Radical Properties Unlimited Company—had sought the examiner's appointment but now oppose the arrangements. They had previously sought court protection after Deutsche Bank appointed a receiver, claiming the banks owed more than €690 million. The bank had opposed the examinership, arguing the companies were trying to renege on a 2016 debt settlement that would have sold assets to reduce debt. The bank now supports the schemes. At the hearing, Justice Marie Baker was informed that investor Waltzfire Ltd offered €89 million plus €9 million working capital to fund the companies and enhance assets.
The High Court dismissed three legal challenges to the construction of a new 3,110‑metre runway at Dublin Airport, a project costing €320 million and covering 261 hectares north and north‑west of the terminal. The court found the development lawful and upheld the extension of planning permission granted to the Dublin Airport Authority (DAA). Residents from Kilreesk Lane, St Margaret's, Co Dublin, who argued that the runway was illegal and that Fingal County Council had ignored their concerns about its impact on homes and land, will appeal the dismissal. They will seek permission for the Court of Appeal to hear their case later this month. An environmental group, Friends of the Irish Environment, also intends to appeal the dismissal of its claim that the runway would increase greenhouse‑gas emissions, though the judge accepted a constitutional right to an environment but ruled it did not apply in this instance.
In 2017 a Belfast man, Francis Lanigan, 53, former republican paramilitary, was still fighting extradition to Northern Ireland for a 1998 murder and a firearms offence. He was arrested in 2013 under a European Arrest Warrant while working as a barber in Dublin, using a false name. Lanigan claims he joined the IRA at 17 and the INLA at 19, was imprisoned in 1984, and later became a significant INLA member. He alleges he was targeted by loyalists and that a 1998 incident led to the death of John Knocker. He argues that state collusion and lack of CCTV evidence undermine the warrant. The High Court ordered his surrender in 2015, but multiple High Court, Court of Appeal, Supreme Court, and European Court of Justice proceedings continue, with at least nine judges hearing the case. Lanigan remains on bail and his lawyers appeal ongoing orders. The unnamed man was convicted.
The High Court set aside two asset transfers from retired teacher Michael Byrne to his estranged wife Maureen Byrne, ruling them fraudulent and deliberately intended to frustrate Mr Cormac Walsh's recovery of a €200,000 damages award. The transfers involved Byrne's interest in the former family home and lands at Rosewell, Templerainey, Arklow, Co Wicklow, which were moved into Maureen Byrne's sole name in May 2012 and October 2015. Mr Walsh, who had been awarded the damages in 2015, had received no payment from Byrne. Byrne, aged in his 80s and living in Spain, had been convicted in 2014 of indecent assault and sentenced to eight years with four suspended. He denied the transfers were fraudulent, claiming they were made in good faith and for housekeeping reasons. The court found Byrne was aware of the civil action and the subsequent award, and therefore the transfers were set aside. The Byrnes were not present at the hearing.
The High Court has ordered the surrender of Damien Joseph McLaughlin to Northern Ireland under a European Arrest Warrant. McLaughlin, 40, was arrested in Donegal and faces allegations that he aided and abetted the murder of prison officer David Black on November 1st, 2012. He is also charged with engaging in conduct in preparation for acts of terrorism and being a member of a proscribed organisation. These charges remain alleged or contested, with no plea, finding, or sentence recorded at this pretrial stage. His barrister, David Leonard BL, opposed the surrender, arguing McLaughlin would face inhumane treatment due to full-body searches in Maghaberry Prison. Ms Justice Aileen Donnelly initially sought further information from Northern Irish authorities regarding the necessity of these searches. The Head of the Northern Irish Prison Service responded that such measures were necessary to address severe threats from dissident republicans, noting that alternative technologies had not proven equally effective. Ms Justice Donnelly accepted that full-body searches were necessary in the specific high-risk context of Northern Ireland and did not contravene Article 3 of the European Convention on Human Rights. Consequently, the court rejected the objection and ordered McLaughlin's surrender.
The High Court has dismissed three legal challenges against plans for a new €320m runway at Dublin Airport. Mr Justice Max Barrett ruled on actions concerning the proposed 3,110-metre development on 261 hectares north and north-west of the terminal. The first challenge, brought by Friends of the Irish Environment, alleged non-compliance with the Habitats Directive and the 2000 Planning and Development Act, and claimed the project would increase greenhouse gas emissions. The judge dismissed this, finding the group lacked the right to participate in the decision to extend planning permission under section 42 of the Act and failed to prove disproportionate interference with constitutional environmental rights. The second action, by St Margaret's Concerned Residents Group, claimed pre-construction works in December 2016 constituted unauthorised development in breach of planning conditions. The judge rejected this, noting that while mistakes happen, he was not exercising discretion to rule in the residents' favour. A third action by 22 individual residents alleged the development was illegal and that Fingal County Council failed to address their concerns. This was also dismissed. Dublin Airport Authority, Fingal County Council, the State, and Ryanair all rejected the claims. The cases have been adjourned for a week to allow the various parties to consider the decisions. It is not known if an appeal will be taken.
The High Court has granted orders permitting the examiner of seven Galway companies controlled by Gerry Barrett to enter into an agreement with investor Waltzfire Ltd. Ms Justice Marie Baker granted insolvency practitioner Neil Hughes powers under the 2014 Companies Act to execute the deal, as the directors refused to sign the necessary documents. Hughes argued that without these powers, the investment proposal would be lost. The funds are intended to support the examiner's scheme of arrangement with creditors. Opposing counsel, Gary McCarthy SC, stated the directors withheld signatures due to insufficient information and noted that Besomhill Ltd, controlled by Mr Barrett, had submitted a competing bid. The judge ruled the application was properly brought, citing the time-sensitive nature of the examinership and the fact that the companies had known since November 6 that Besomhill was not the successful bidder. The court accepted an undertaking from the examiner not to sign the agreement until 12 midday on Thursday. Last month, the Court of Appeal confirmed Hughes as examiner for the group, which includes the Five Star G Hotel, Meyrick Hotel, and Eye Cinema. The companies sought court protection after Deutsche Bank appointed a receiver, claiming the group owed over €690m. Deutsche Bank had previously opposed the examinership, alleging it was an attempt to renege on a 2016 debt settlement, a claim denied by the companies.
In a High Court ruling on 10 November 2017, Mr Justice Michael Twomey granted an injunction requiring Drumderry Aggregate Ltd to hand over certification for the Hollowcore flooring it supplied and fitted at the extension to St Conleth's College in Newbridge, Co Kildare. The extension, designed for 250 students but now serving 477, was to be completed by year‑end 2017 with new facilities ready in January 2018. K&J Townmore Construction Ltd, the main contractor, argued that the lack of certification threatened the project's completion and could cause financial loss exceeding €430,000 if remedial work were needed. Drumderry, represented by Eanna Mulloy SC, opposed the application, claiming it was not responsible for health and safety matters beyond its own work. The judge noted all other certifications had been provided, held Drumderry liable only for its own certification, and ordered the certificates to be delivered within seven days. The injunction was granted to protect the project's timely completion.
The High Court approved a scheme that allows FCR Media Ltd, the publisher of the Golden Pages directory, to exit examinership and continue trading as a going concern, thereby safeguarding 73 jobs. The scheme, devised by examiner Neil Hughes, was supported by the majority of creditors and the trustees of the firm's pension scheme, and received a neutral stance from Revenue. Mr Justice Robert Haughton approved the arrangement on Thursday. FCR Media Ltd, which employs 103 workers, has decided to cease printing the Golden Pages and focus on its online business, resulting in redundancies in the printing section. The company secured fresh investment during examinership and has a reasonable prospect of survival, with forecasts for 2017 and 2018 positive.
The High Court appointed a receiver over shares in three Irish aviation firms—Fastway Leasing DAC, Avion Leasing Ltd DAC, and City Leasing DAC—linked to Russian businessman Rashid M Mursekayev. The shares are held in trust for Mursekayev, who is under criminal investigation in Russia for alleged fraud related to financial difficulties at Vim Avia Airlines, a company he co‑owns. The court's orders were sought by lawyers for the US‑registered firm Volgadnepr‑Unique Air Cargo Inc, which had obtained a €4 million judgment in German courts against a German‑registered firm, ACG Air Cargo, whose loan was guaranteed by Mursekayev. The receiver, Mr Jim Luby of McStay Luby, is to hold all shares and prevent any transfer or disposition pending further court orders. The orders were granted ex‑parte by Mr Justice Paul Gilligan and the case was adjourned to a date next week.
The High Court has heard an appeal by Eric Eoin Marques, the accused, regarding his proposed extradition to the United States. Mr. Marques is alleged to be the owner of Freedom Hosting and is wanted by US authorities for conspiring to distribute and advertise child pornography. The FBI has described him as the world's largest facilitator of such material. Although his surrender was ordered by the High Court in 2015 and upheld by the Court of Appeal, he has launched fresh judicial review proceedings challenging the Minister for Justice's refusal to exercise discretion to halt his extradition. Counsel for Mr. Marques argued that the Minister's decision was flawed because she did not have regard to the Director of Public Prosecutions' reasons for not prosecuting him in Ireland. The court heard that the Minister stated it was not necessary to seek these reasons, a position described by defense counsel as "uninformative" and failing to meet the standard for a decision with profound consequences. Conversely, counsel for the Minister argued she was exercising residual discretion and that her provided reasons were adequate. The matter is currently at the appeal stage, with the hearing before Ms Justice Aileen Donnelly adjourned to resume the following morning.
The High Court heard that the Lithuanian authorities' "intention" to put Liam Campbell on trial for alleged terrorism offences and weapons trafficking to Ireland is sufficient to order his extradition. Campbell, 54, was arrested in Dundalk on a European Arrest Warrant issued by Lithuania. The warrant alleges he organised the preparation for smuggling weapons to support the Real IRA between late 2006 and early 2007, arranging illegal possession of firearms, ammunition, explosives and substances. Remy Farrell SC, representing Campbell, argued that the client would face a long pre‑trial detention and that a trial was uncertain. Counsel for the Minister for Justice, Patrick McGrath SC, insisted that the Lithuanian prosecutor's "intention" to charge and try Campbell was clear and not merely investigative. The case was adjourned to 5 December for further submissions, and Campbell remains remanded on continuing bail.
The High Court heard that Ian Bailey, 60, of The Prairie, Liscaha, Schull, west Cork, will apply next month for legal costs after the court refused to order his extradition to France over the death of Sophie Tuscan du Plantier. Bailey denies any involvement in her 1996 death outside her holiday home in Schull. French authorities had sought his surrender in 2010 and again last summer for alleged voluntary homicide, but the Supreme Court and the High Court dismissed the requests, citing abuse of process. The matter was adjourned to 17 August.
The High Court has rejected an application for leave to appeal against the extradition of a Roscommon man wanted in the United Kingdom in connection with a tax fraud investigation. Thomas Joseph O'Connor, aged 49 and resident in Roscommon, had sought to challenge his surrender to British authorities on grounds relating to the UK's withdrawal from the European Union. His legal team argued that Article 50 notification created uncertainty regarding the protection of his fundamental rights post-Brexit. Justice Aileen Donnelly declined the application, finding no evidence of real risk to his rights. The court had previously granted a temporary postponement of Mr O'Connor's extradition on humanitarian grounds. A stay on the extradition order has been granted to permit an application for leave to appeal to the Supreme Court.
In a High Court case, Grant Thornton sued Gerardine Scanlan for allegedly keeping confidential data it had mistakenly sent to her in 2015. The firm had previously obtained an order preventing her from releasing the information and required her to return or destroy it. Scanlan had agreed to hand over the material in December 2015, but Grant Thornton claims she has not complied and still holds the data. The firm seeks orders to compel her to return the material and to disclose any third parties to whom she may have disclosed it. Scanlan, representing herself, denies breaching the order or retaining the data. Grant Thornton asked the court to strike out her defence and counterclaim, arguing they lacked legal basis. Judge Paul Gilligan struck out portions of her defence that did not deny Grant Thornton's allegations and were irrelevant, and dismissed her counterclaim except for a claim for damages under the Data Protection Acts.
The Court of Appeal has allowed the State's appeal, setting aside a High Court judgment that had declared the 2014 arrest of Mark Finnegan unlawful. Finnegan, a resident of Tallaght, was convicted in November 2008 of allowing himself to be carried in a mechanically propelled vehicle without the owner's consent. He was sentenced to 16 months' imprisonment on May 27, 2009. After serving two months in Wheatfield Prison, he was transferred to Shelton Abbey open prison, from which he escaped on October 31, 2009. He remained at large until his arrest in November 2014, during which time he collected social welfare and fathered a child. Mr Justice John Hedigan, writing for the court, stated that the delay in his recapture was attributable to a human error by authorities who failed to enter his absconding details into the Garda PULSE system, preventing nationwide notification. The judge described Finnegan's conduct as a "protracted evasion of justice" and "simply ignoring" his lawful sentence. The court found that the arrest and detention were in accordance with law, noting that the role of gardaí is to catch escapees and hand them to prison authorities. The appeal was allowed, and Finnegan faces a return to prison to complete his sentence. However, lawyers for the State undertook not to arrest him if his solicitor lodges a Supreme Court appeal.
The High Court has ordered the extradition of a 77-year-old retired teacher to the UK to face a single charge of indecently assaulting a student. The UK citizen, residing in Co Donegal, is alleged to have indecently assaulted a ten-year-old student in a school staff room in June or July 1978. The offence carries a maximum sentence of five years. A European Arrest Warrant was endorsed by the High Court. The respondent's barrister, Mr John Berry BL, opposed surrender, citing confusion over the date, the reversal of prior decisions not to prosecute, and the significant delay. Ms Justice Aileen Donnelly rejected these objections, noting the Crown Prosecution Service had no culpable delay, though the overall length was a factor in the public interest assessment. The court heard the respondent was questioned in 1978 and 2014, with no prosecution initially intended. Following a victim complaint, the Crown Prosecution Service decided to prosecute. The judge found no evidence that remedies for delay or prejudice could not be addressed in the UK. She acknowledged the respondent's strongest point was being told twice he would not be prosecuted but stated this did not make surrender prejudicial. The matter was adjourned in the sense that the order directs the respondent to present himself for surrender at the appropriate time, with bail extended under more restrictive conditions.
A 40-year-old man arrested in County Donegal is awaiting a High Court decision on his extradition to Northern Ireland. Damien Joseph McLaughlin, with an address in the Glenties area, was detained last March under a European Arrest Warrant in connection with the 2012 murder of prison officer David Black. He faces allegations of aiding and abetting in the killing, which occurred on the M1 motorway, along with charges related to possession of an article for use in murder, preparation for acts of terrorism, and membership of a proscribed organisation. His legal team opposed extradition on human rights grounds, citing concerns about conditions at Maghaberry prison. Justice Aileen Donnelly adjourned proceedings to allow presentation of additional evidence, including an affidavit from Maureen O'Sullivan TD regarding prison conditions. Following no further submissions from the defence, the judge reserved judgment until October 20th. Mr McLaughlin remains in custody pending that determination.
The High Court granted a summary judgment of €8.7 million to Seaconview Designated Activity Company against Mr John Lally, a former director of Brackville Holdings Limited. Seaconview claimed that in 2006 Mr Lally had entered into an Interest Shortfall Agreement, guaranteeing Brackville's interest payments on an €82.5 million loan. When the loan was later acquired by Seaconview in 2015, the company demanded €88.1 million from Brackville in 2016; after a receiver was appointed and the assets sold, the net proceeds were used to reduce Brackville's liabilities, but Seaconview alleged that €8.7 million of interest remained unpaid. Mr Lally sought to postpone the judgment to a full hearing, arguing procedural delays and disputing figures in Seaconview's demand letter. The judge found no defence from Mr Lally, rejected his objections, and ruled that Seaconview was entitled to the judgment. The decision was delivered by Mr Justice Max Barrett on 20 July 2017.
In July 2017 the High Court dismissed six applications for legal aid from individuals contesting the Criminal Assets Bureau's (CAB) claims that assets seized in its investigation of the Kinahan crime cartel were proceeds of crime. The applicants – Kelly Quinn, Sean McGovern, Anita Freeman, James Byrne, Sadie Byrne and Liam Roe – argued that the assets, including jewellery, motorbikes, property and cars, were not criminal proceeds and sought state‑funded representation. CAB opposed the applications, citing evidence of the applicants' lifestyles and alleged access to funds. Justice Stewart ruled that no exceptional circumstances justified legal aid, noting the applicants had not addressed CAB's claims or engaged with the evidence. The court adjourned proceedings against all 11 individuals to a later date, and the judge would issue a full written decision subsequently. None of the applicants were present at the hearing. The decision underscored that the court did not find the applicants' circumstances merited state assistance for their legal costs.
The High Court is considering applications for legal aid from six individuals seeking to oppose Criminal Assets Bureau (CAB) claims that seized assets are proceeds of crime linked to the Kinahan cartel. The applicants—Kelly Quinn, Sean McGovern, Anita Freeman, James Byrne, Sadie Byrne, and Liam Roe—argue they cannot afford representation in the complex proceedings. Ms. Quinn claims €8,000 seized from her home was a funeral collection for her late partner, David Byrne. James and Sadie Byrne contest claims regarding a Rolex watch, an Audemars Piguet watch, and a Lexus Jeep, asserting the items are not criminal proceeds. Mr. Roe denies gang membership while contesting the seizure of an Audi A5 and Kawasaki motorbike. Mr. McGovern and Ms. Freeman oppose claims that their shared property and a BMW are criminal assets. CAB opposed the applications, alleging the applicants' lifestyles and travel histories, including flights to the US, UK, and Spain, are inconsistent with their declared incomes. CAB also cited property sales and tax settlements by the Byrnes. Ms. Justice Carmel Stewart reserved her decision on the legal aid applications, with judgment expected later this month. The matter remains at the hearing stage, with no final determination on the underlying asset claims.
In a High Court hearing on 7 July 2017, objections were raised to a legal bid by Eric Eoin Marques, an Irish man described by the FBI as the world's largest facilitator of child pornography, to halt his extradition to the United States. Marques, 30, is alleged to have owned and administered Freedom Hosting, an anonymous site hosting over a hundred extremely violent child‑pornographic images. He has been in custody since August 2013 and was ordered to surrender in December 2015, a decision he challenged in the Court of Appeal and the Supreme Court, all of which dismissed his appeals. Marques also sought judicial review of the Minister for Justice's refusal to use discretion to stop his extradition, claiming the minister had access to records that were not disclosed. The Minister's counsel argued that discovery was unnecessary and that Marques's request was a fishing expedition.
The High Court approved a €120,000 settlement in a personal injuries action brought by Seamus Vaughan against Brothers of Charity Services Limerick Ltd and the Health Services Executive. The claim, initiated by his father Patrick Vaughan, alleged that Seamus, who is profoundly disabled, suffered unexplained bruises, blisters, and burns while attending a workshop in Newcastle West. The defendants denied liability for most allegations, admitting fault only for a 2011 fall where Seamus lost two teeth. Mr Justice Anthony Barr approved the settlement without admission of liability for the other incidents, noting significant difficulties in proving the claims due to Seamus's inability to give evidence. The judge acknowledged the family's dissatisfaction with the initial offer but highlighted the risks of a full trial. Seamus's mother stated he had regressed during his time at the workshop but improved after moving to an Enable Ireland facility. The settlement includes costs and resolves the dispute over alleged negligence and lack of care.
A Roscommon businessman facing extradition to Britain over a £5 million tax fraud has had his case reserved for judgement in the High Court. Thomas Joseph O'Connor, aged 49, was convicted in his absence at Blackfriars Crown Court in 2007 and sentenced to four-and-a-half years imprisonment for defrauding the British revenue. An extradition warrant issued in 2009 has been upheld through multiple appeal stages, with the Supreme Court dismissing his appeal in March of this year. In reopened proceedings, O'Connor's counsel argued that Brexit rendered the extradition improper, claiming uncertainty about his legal protections post-departure would leave him in legal limbo. The State's counsel contended the Brexit outcome remained unknown and speculation about future UK legislation was premature. Justice Aileen Donnelly reserved judgement to 25 July. O'Connor remains on bail pending that decision.
The High Court appointed Mr Declan de Lacy of PFK O'Connor, Leddy & Holmes as provisional liquidator for Decobake Limited, a cake‑decorating and baking product company. The appointment followed a request from Dublin City Council (DCC), which sought to wind up the company over an unpaid commercial rates bill of about €102,000. DCC argued that Decobake was insolvent and that a provisional liquidator was needed to protect its assets from being removed from creditors' reach. The court noted that Decobake had offered to pay the rates but DCC rejected the offer. Mr Justice Paul Gilligan declined to set aside the liquidator appointment and said the company could appeal to the Court of Appeal if it wished to vary the order. The liquidator was granted powers to take possession of, control, and identify the company's assets, books, records, and bank accounts.
The High Court appointed Mr Kieran Wallace as provisional liquidator for Wexford Echo Limited, the publisher of the Wexford Echo, Gorey Echo, New Ross Echo and Enniscorthy Echo. The court was told the company is insolvent and cannot pay its debts, with net liabilities of €834,000 at the end of May. Wallace will keep the four titles operating in the hope a buyer can be found, preserving their saleability and preventing any suspension that could prejudice a sale. The company employs 30 people across journalism, advertising, sales, sub‑editing, page production, finance and management. Its directors are Thomas Crosbie, Noel Wall, Daniel Francis Linehan, Thomas Joseph Murphy and Sean O'Keeffe. The company is a member of the Landmark Media Group, which has ceased financial support, leading shareholders to resolve to wind up the company and appoint a provisional liquidator.
In June 2017, Clare Daly TD submitted an affidavit on behalf of Sean Paul Farrell, a 32‑year‑old Dublin resident, in relation to human rights concerns at Northern Ireland's Maghaberry Prison. The affidavit was filed in the High Court following an extradition application by Northern Irish authorities for Farrell and Kieran Maguire, a 29‑year‑old Dublin resident, who are alleged to have attempted to murder a PSNI officer with an improvised explosive device under a car in County Derry on 18 June 2015. Both men face life imprisonment on the charges of attempted murder and possession of explosives. Daly, a member of the Dáil Justice Committee, had previously spoken publicly about conditions at Maghaberry Prison and was scheduled to visit the facility again on 10 July. The High Court, presided over by Justice Aileen Donnelly, set the hearing of the extradition request for 25–26 July and required an additional affidavit by 17 July following Daly's visit.
The High Court will give judgment on July 24 on a second extradition request for Ian Bailey, 60, to France over the 1996 death of Sophie Tuscan du Plantier. Bailey denies any involvement. French authorities first sought his surrender in 2010, but the Supreme Court refused in 2012, ruling that Section 44 of the European Arrest Warrant Act barred extradition because the alleged offence was committed outside French territory and Irish law does not allow prosecution for the same offence abroad by a non‑Irish citizen. The 2016 warrant was issued again, prompting the State to ask the High Court to refer the Supreme Court's 4‑1 interpretation of Section 44 to the European Court of Justice. Counsel for Bailey argues the Supreme Court decision is an absolute jurisdictional bar, while counsel for the Justice Minister seeks a reference to correct the interpretation. The High Court will consider whether any matters remain for further hearing.
The High Court dismissed a challenge brought by teacher Christian Morris against An Bord Pleanala's approval of a €22 million development in Howth, Co. Dublin. The project, approved on 20 June, would replace industrial and commercial buildings with 145 apartments, 51 houses, six commercial units, a community/sports hall, a public park, a plaza and cycle and pedestrian paths on a 4.4‑hectare site. Morris argued that the development would flood the area with cheap housing, cause traffic congestion, and force the council to sell a public park to a private developer without replacement. He also sought an injunction to compel Glenkerrin Homes and its receivers to clean up and demolish parts of the site. The judge found Morris's claims outside the strict time limits for a judicial review, that he had no standing for the injunction, and therefore dismissed all his actions. The decision confirms the council's and the board's approvals remain in force.
The father of a young boy with a serious medical condition has brought a High Court action against the Minister for Social Protection and the Attorney General, claiming the Minister's refusal to pay the Domiciliary Care Allowance is unconstitutional and violates the European Convention on Human Rights. The allowance is a monthly payment for children under 16 with severe disabilities who require ongoing care, but the father was informed in April that his son, who is currently in hospital, does not qualify because he is in an institution. The father, represented by Derek Shortall Bl and instructed by solicitor Gareth Noble, argues that he and his son have been discriminated against, as other children who are not hospitalised receive the allowance. He seeks an order quashing the Minister's decision of 23 May and declarations that the relevant sections of the 2005 Social Welfare Consolidation Act are unconstitutional and unlawfully discriminatory.