In a High Court decision on 26 May 2017, Mr Justice Paul Gilligan struck out Vincent O'Donoghue's application to stop the sale of the State's shares in AIB. O'Donoghue, who represented himself, had sought a declaration that the sale was contrary to the common good and unlawful, and an injunction to prevent the Minister for Finance from disposing of any part of the State's holding. The judge found the claims frivolous, vexatious and bound to fail, and warned that allowing the action would constitute an abuse of process. He noted that AIB had no direct influence over the sale, that the Minister owned 99.87 % of the bank, and that the government's policy was to return AIB to private ownership, possibly selling up to 25 % of the shareholding by an IPO before the end of 2018. The case was adjourned for four weeks for the parties to consider the judgment.
The High Court ordered the immediate vacating of a residential property in Co Kildare that had been used as a hostel or camp for up to 40 people and as an illegal dump. The injunctions were directed against Victor Golis and all unknown residents at Lucknow, Dublin Road, Kildare, following concerns from the HSE, Kildare County Council and the Fire Safety Officer about health and safety risks. Michael McAteer, appointed receiver by the Bank of Ireland in 2013, claimed the property was occupied dangerously and posed a risk to occupants. Justice Paul Gilligan granted the injunctions, restraining the defendants from remaining on the site, interfering with McAteer or his agents, and requiring residents to remove their belongings. The orders remain pending until the full hearing, with proceedings against owner John Quinn adjourned for three weeks to allow his response.
The High Court has dismissed an appeal by the Minister for Communications, Energy and Natural Resources regarding a Freedom of Information Act determination. Mr Justice Seamus Noonan ruled that the Information Commissioner was correct to find that the public interest favoured releasing commercial information about the State's Metropolitan Area Networks (MANs). Journalist Mr Gavin Sheridan, the applicant, had sought access to a concession agreement entered into between the Minister and E-NASC Eireann Teoranta (ENET) to manage and operate the fibre optic infrastructure. While the Minister initially viewed disclosure as in the public interest, they ultimately refused access citing a duty of confidence and commercial sensitivity raised by ENET. The Commissioner upheld Sheridan's appeal, finding that the Minister failed to demonstrate the exceptional circumstances required to justify refusal. The Minister appealed to the High Court, arguing the Commissioner applied an incorrect legal standard and failed to properly balance the public interest. The judge rejected these submissions, stating that the Minister's case merely contended that they had balanced the interests correctly, which is not a matter for appeal on a point of law. The court found the Commissioner's decision was not irrational or outside their discretion, noting that arguments regarding deterrence of future bidders were properly discounted. The appeal was dismissed, upholding the Commissioner's determination that the information should be released.
The High Court has dismissed an application by a businessman seeking injunctions to regain control of a golf course property in County Wicklow from a court-appointed receiver. Ms Justice Caroline Costello ruled on Wednesday that the applicant had failed to establish a credible case for trial or demonstrate that financial compensation would be inadequate. The judge found that granting the injunctions would undermine the receivership process. The dispute centres on 126 acres at Coolnaskeagh, Delgany, which form the basis of the golf club business. The defendant fund had appointed a receiver following the applicant's failure to meet a demand for €1.65 million on mortgage arrangements originally entered into with a bank in 2003, 2005, and 2008. The loans were later acquired by the fund in 2015. A property in County Roscommon was among the assets secured against the loans. The case has been adjourned to a date following the Easter recess.
In a High Court appeal, Mr Justice Paul Gilligan removed a lis pendens registered by Theresa Andreucetti, which was impeding the sale of Lynam's Hotel on Upper O'Connell Street. Nama appointed receiver Aiden Murphy sought the removal, arguing the notice, registered last September, was an attempt to frustrate an agreed contract for sale. Andreucetti, of Castleknock Road Dublin, had previously operated the hotel under a 15-year lease and sought injunctions to prevent possession, which were settled with a deadline to vacate by August 1st last year. Her counsel, Robert Beatty SC, argued the notice should remain pending the full dispute, where she claims her lease termination is invalid and seeks restoration to the premises. The judge was satisfied to vacate the lis pendens, noting Andreucetti had not progressed her claim with expedition and was aware of the receiver's intent to sell. The court established a timetable for document exchange to facilitate a prompt full hearing. The judge adjourned the matter to a date early next month. Following the ruling, Beatty requested a stay pending an appeal. The judge granted a stay only until lunchtime on Wednesday, allowing Andreucetti's lawyers time to apply to the Court of Appeal for a stay pending the outcome of her appeal against the lifting of the lis pendens.
The High Court has refused permission for an unnamed man in his 50s to appeal the Minister for Justice's deportation order to the Court of Appeal. Mr Justice Richard Humphreys ruled on Friday that no point of law of exceptional public importance arose from the earlier dismissal of the man's challenge. The judge discharged the stay on the deportation order forthwith and continued the reporting restriction on the man's country of origin for two months post-removal. The judge also refused to extend the stay to allow an application to the Supreme Court. The man, who denies involvement in terrorism, claimed he faced a risk of torture in his native country. However, the State alleged he was convicted and jailed in France for several years for terrorist offences, including taking human life. Counsel for the Minister stated the man had a central role in a militant group and was accused of raising money for jihadists. The man is currently in detention pending deportation after being found with false travel documents. His legal team indicated they would apply to the Supreme Court, arguing the case raised issues of general public importance, while the Minister opposed the stay extension.
In March 2017 the High Court granted Peter Mulryan leave to sue Tusla, the Child and Family Agency, to obtain information about his sister Marian Bridget Mulryan, who is believed to have died at the Tuam Mother and Baby Home. Mulryan, a retired ESB technician from Derrymullen, Ballinasloe, seeks a declaration that communications sent to his solicitor in 2016 created a legitimate expectation that Tusla would investigate all records concerning his sister. He also requests an order for Tusla to provide a printed booklet of all documentation it holds about St Mary's Home, including burial records, admission books, death certificates, adoption documents and correspondence. The court adjourned the matter for four weeks and confirmed that Tusla's offer to allow Mulryan to inspect scanned materials remains open. The case is still pending before the court.
The High Court has reserved judgement on an application by a man in his 50s, who claims links to Islamic terrorism, to appeal a deportation order. He argues he faces serious risk of ill treatment and torture if returned to his native country, citing his political views. Earlier, Mr Justice Richard Humphreys dismissed his challenge to the Minister's decision to deport him, following Garda Síochána's report that his activities and associates were of serious concern and contrary to the State's security. The man, who has been convicted of terrorism offences in France and his native country, is currently serving a prison sentence in Ireland for false travel documents and is due for release soon. He contends his exclusion is unlawful under EU law and Article 3 of the European Convention on Human Rights, and that the Refugee Appeals Tribunal found he would be at risk of serious harm if returned.
The High Court has dismissed a challenge by an unnamed man in his 50s against the State's bid to deport him, clearing the way for his removal. The defendant, who pleaded guilty to fraudulently obtaining travel documentation and is currently serving a six-month prison sentence in Ireland, argued that deportation would breach EU law and Article 3 of the European Convention on Human Rights due to a risk of torture. Mr Justice Richard Humphreys dismissed all grounds, ruling the Minister's decision lawful. The judge noted the man was convicted of terrorism offences in his native country during the 1990s, receiving three life sentences and two death sentences, and was separately convicted and jailed for eight years in France for membership of a criminal organisation preparing acts of terrorism. The court found the man's credibility seriously impaired by multiple identities and fraudulent asylum claims, including false statements about family members being killed or arrested. The judge determined there were no substantial grounds to apprehend a real risk of inhuman treatment, noting general improvements in the country of origin and that a brother convicted of similar offences is not being ill-treated. A stay preventing deportation was granted in the event the man's lawyers apply for permission to appeal. The matter was adjourned and will return before the court in a week's time.
The High Court has asked the US for detailed information about the medical and family‑contact conditions that would apply to an Irish woman, currently on suicide watch in an Irish jail, if she were extradited to face charges of steroid distribution and related offences. The woman, whose name is withheld, is alleged to have joined a criminal organisation and faces up to 20 years' imprisonment in the US. High Court Judge Aileen Donnelly cited US Department of Justice reports that federal prisons operate at 83% medical staffing levels and that mental‑health services are inconsistent, as well as a Human Rights Watch report on deficiencies. She requested guarantees that the woman's medical information would be shared with US authorities, that she would receive minimum treatment and family contact in US facilities, and that transport conditions be specified. The case is set for hearing on May 8, with a decision expected on May 30.
Jonathan Harding, 44, was denied bail by the High Court after being charged with possession of five revolvers, ammunition and a silencer seized from a warehouse in west Dublin. He appeared before Mr Justice Patrick McCarthy, who rejected the bail application on the grounds that it was necessary to prevent a serious offence. The prosecution, represented by Kathleen Leader BL, objected to bail, while the defence, Michael Hourican BL, noted Harding's occupation and family ties. Harding was arrested on 24 January and faces charges for the firearms and silencer found at the Greenogue Business Park.
The High Court has granted a Mareva injunction freezing assets valued at €2.37 million belonging to a County Galway man, following allegations that he provided false evidence during examination before the Master of the High Court. AIB Mortgage Bank obtained the order against Joe McCaul of Roveagh Kilcolgan and two others. The bank claims Mr McCaul denied involvement in collecting rental income of approximately one million euros from properties between January 2012 and July 2015, stating instead that agents of a private trust handled such matters. However, AIB contends this contradicts documentary evidence, including rent receipts signed by Mr McCaul and records of agreed rent reductions. Mr McCaul owns a shopping centre in Clarinbridge and properties across Galway and County Cavan. A receiver was appointed over the properties following a judgment of €2.37 million obtained in 2015. Similar asset-freezing orders were also granted against Mr McCaul's wife and another individual. Mr Justice Paul Gilligan adjourned the matter for one week.
The High Court heard an application on Monday seeking to extend the bankruptcy of a County Monaghan farmer by ten years. John Hoey, from Carrickmacross, was declared bankrupt in February 2016 following a petition by John Kelly Fuels Ltd for €262,000 and was due for discharge this month. The Official Assignee, Chris Lehane, represented by Bernard Dunleavy SC, contends that Mr Hoey has failed to cooperate with the bankruptcy process and seeks an order under the 2015 Bankruptcy (Amendment) Act to extend the bankruptcy by a decade, the maximum extension allowable being fifteen years from adjudication. Appearing in person, Mr Hoey requested an adjournment, stating he had only recently received documentation and was securing legal representation. Mr Justice Paul McDermott adjourned the matter to after Easter and made a temporary extension order pending the court's next sitting.
In a High Court ruling on 17 February 2017, Mr Justice Michael White overturned a Circuit Court award of €40,000 to hillwalker Teresa Wall, who had fallen on a boardwalk on the Wicklow Way in August 2013. Wall had sued the National Parks and Wildlife Service (NPWS) claiming negligence under the 1995 Occupiers Liability Act, arguing that the boardwalk's deteriorated sleepers created a trip hazard. The Circuit Court had found the NPWS negligent and awarded damages. In his judgment, the High Court held that the duty of care under the Act was not absolute, noting that experienced hillwalkers are expected to exercise vigilance on isolated trails. The judge found that Wall's own lack of attention contributed to her fall, and that the NPWS was not negligent for not filling the boardwalk's indentations or replacing the sleepers. The decision was adjourned for two weeks to allow parties to consider the implications.
In February 2017 the High Court set aside a €6.9 million judgment that had been entered against Eugene McDermott, a stud farmer from Kildare, in favour of the Bank of Scotland. Mr Justice Max Barrett ruled that the judgment, delivered in July 2013 by Mr Justice Peter Kelly, should be reheard because McDermott was in very poor mental health at the time the bank applied for judgment and had no recollection of being served with the documents that formed the basis of the claim. McDermott had not been present in court and could not obtain legal representation due to his illness. The judge noted that the court had not been aware of McDermott's health condition when the original judgment was made. Barrett therefore set aside the judgment and ordered that the bank's application for summary judgment be reconsidered, with a re‑hearing to take place later in the year.
The High Court ruled in favour of David Walsh, a Co Galway man, who sued his stepmother, Mary Walsh, and the estate of his late father, Peter Walsh, for a one-sixth share of a €3.38m Lotto win. Mr Justice Richard Humphreys found that David Walsh was a co-owner of the winning ticket and entitled to approximately €560,000. The judge rejected Mary Walsh's defence that she was the sole owner and that David Walsh had opted for a house instead of cash, deeming her evidence inconsistent and unreliable. He also found she had lied on oath regarding probate details to hide assets from her stepchildren. The court determined the ticket was intended to benefit three members of each family, with the prize split 50-50 between Mary Walsh and the late Peter Walsh. A stay on the order was granted pending an appeal, conditional on Mary Walsh lodging €929,000 to cover legal costs and the award. A temporary freezing order was also made to prevent her from reducing that sum, with liberty to vary the order granted.
The High Court has ordered the extradition of Hughie Patrick McGinley to the UK on alleged charges of blackmail, conspiracy to commit blackmail, and possession of criminal property. Ms Justice Aileen Donnelly granted the State's application, rejecting arguments regarding the respondent's family rights. The court noted the offences were of considerable gravity, citing custodial sentences of 54 to 88 months imposed on co-accused in the UK. In Teeside Crown Court, Dennis McGinley and Bernard McGinley pleaded guilty to conspiracy to commit blackmail and possessing criminal property. Christy Stokes pleaded guilty to conspiracy to commit blackmail. Bianca McGinley initially pleaded not guilty but later pleaded guilty to possessing criminal property. The allegations involve a complainant, Gerald Richardson, who allegedly paid £196,000 to Dennis McGinley after being threatened with violence. Hughie Patrick McGinley, a father of seven, was arrested in Sligo in August 2016 and admitted to bail. The High Court directed that he be surrendered to UK authorities to face trial.
In a Commercial Court hearing on 23 January 2017, Mr. Christian Morris, a teacher representing himself, applied to allow cameras to record his legal challenge against An Bord Pleanala's approval of a €22 million development in Howth, County Dublin. The development would include 200 residential units and other facilities. Mr. Morris argued that the case, scheduled for April, was of national interest and that recordings would be edited by the presiding judge before media distribution. The judge, Mr. Justice Brian McGovern, dismissed the application, stating that Irish court proceedings are not televised and that no reason existed to depart from the norm. He noted that such requests should be directed to the Rules Committee of the Superior Courts. Lawyers for An Bord Pleanala and the developer Glenkerrin Homes opposed the application, describing the case as a "dull planning action.".
The High Court ordered the extradition of Oliver Hurley, a 63‑year‑old former Garda living in the UK, to face a manslaughter charge in England. The case stems from the death of Manolito Chando on 9 April 2016 after an assault at a Salvation Army hostel in London. CCTV footage allegedly shows Hurley pushing Chando with considerable force, causing a head injury and a brain bleed that led to a coma and death. Hurley, who was homeless at the time, claimed he was defending himself and that Chando was intoxicated. He voluntarily presented himself to Gardaí in Ireland after seeing his image on RTE's Crimecall programme. The court granted the State's extradition application, noting the seriousness of the alleged offence and the lack of justification for the force used. The order directs Hurley's surrender to the UK for trial.
In a January 2017 High Court hearing, Mr Justice Paul Gilligan dismissed an application by the occupants of Apollo House in Dublin for an additional week to vacate the building. The occupants, up to 25 of whom were homeless, had previously been ordered to leave by 12 noon Wednesday. Their solicitor, Ross Maguire SC, sought a seven‑day extension on the grounds that suitable alternative accommodation had not yet been secured, citing assurances from Minister Simon Coveney that had not materialised. The court ruled that it could not adjudicate on the quality of alternative housing, deeming it a governmental matter, and reaffirmed that the occupants had no right to remain. The receivers, appointed by Nama, opposed the extension, arguing the case concerned property rights, not housing policy. The judge emphasised that the court would not take a benevolent stance in cases of illegal occupation, and the order to vacate remained in force.
An Irishman, Liam Campbell, aged 54, was arrested in Upper Faughart, Dundalk, County Louth, on 2 December 2016 under a European Arrest Warrant issued by Lithuanian authorities for alleged terrorism offences and weapons trafficking to Ireland. He was brought before the High Court in Dublin the same day and remanded in custody. The court was informed that a director of a County Louth company had agreed to pay a €60,000 bail, and Ms Justice Aileen Donnelly remanded Campbell in custody with consent to bail until 30 January. The warrant alleged that between the end of 2006 and the beginning of 2007 Campbell had organised the preparation for smuggling in support of the "terrorist grouping" the RIRA, arranging for illegal possession of firearms, ammunition, explosive devices and substances.
The High Court will decide on Friday morning whether to lift a stay that has halted the opening of a temporary homeless hostel in the former Carman's Hall community centre on Francis Street. The stay was imposed after a legal challenge by the Carman's Hall Interest Group, the Michael Mallin House Residents and youth worker Elizabeth O'Connor, who want the building to remain a community centre. The challenge was brought to the High Court after the court had previously allowed the Dublin City Council (DCC) to use the building as a hostel to address the emergency of rough sleepers. DCC argues that lifting the stay is necessary because many vulnerable people are sleeping rough, and the council has invested about €930,000 converting the building into a 65‑bed hostel.
The High Court has reserved judgement on a challenge by a man, whose identity is withheld for legal reasons, against the State's bid to deport him. He claims he faces serious risk of inhuman and degrading treatment if returned to his home country, where he would be detained at a secret location. The challenge arises from the Minister's decision to exclude him from the State. Lawyers for the man argue that deportation would breach EU law and Article 3 of the European Convention on Human Rights, citing a prior Irish Refugee Appeals Tribunal finding that he would be at risk of torture or serious harm. The Minister, represented by Remy Farrell SC and Sinead McGrath BL, opposes the application and maintains that she is entitled to deport him. The judge, Mr Justice Richard Humphreys, said he would give the case priority and hoped to deliver a judgement in January.
In a High Court hearing on 15 December 2016, Justice Aileen Donnelly requested detailed information from U.S. authorities about how an Irish woman, currently on "suicide watch" in an Irish jail, would be treated if extradited to the United States for alleged involvement in a multi‑million‑euro steroid distribution scheme. The judge sought a specific U.S. government response regarding the prohibition of family contact while the woman remains on "suicide watch" in the U.S., the disclosure of her mental‑health conditions to U.S. Marshals before arrest, and medical advisers' views on the potential health impact of denying family contact. She also asked the parties to consider European Prison Rules, particularly Rule 24 on contact with the outside world, in light of the woman's clear mental‑health problems.
The High Court ordered the extradition of a 72‑year‑old man to Britain on a sexual assault charge that carries a maximum penalty of ten years in prison. The alleged assault took place at The Royal Liverpool University Hospital on 9 August 2014. A second charge concerns his failure to appear at Liverpool Crown Court on 5 November 2014. The man was arrested following a European Arrest Warrant issued by British authorities on 7 October 2016. Counsel for the Minister for Justice and Equality argued that the man had no reasonable excuse for missing the court date and that there were no grounds to refuse surrender. Defence counsel raised concerns about the man's significant heart problems and the risk to his health if incarcerated in the UK.
The High Court approved a €4 million settlement for 27‑year‑old Rachel McCarthy, who had sued the HSE for medical negligence after her birth at St Luke's Hospital, Kilkenny, on 9 December 1989. Rachel's mother, Noreen, brought the action on her behalf, alleging that the HSE failed to provide adequate care during the delivery, that a lack of oxygen caused permanent brain injury, and that Rachel should have been delivered by caesarean section earlier that day. The HSE denied all allegations and the settlement was reached without admission of liability. Counsel Jeremy Maher SC described the settlement as a good one, representing 75 % of the claim's full value. Mr Justice Raymond Fullam approved the settlement on Friday evening, wishing the McCarthy family well. The settlement was reached without any admission of fault by the HSE.
The High Court awarded €110,000 in damages to the father of a man who died in late 1994 after contracting Hepatitis C and HIV from contaminated blood products. The father had previously had his claim for nervous shock and distress rejected by the Hepatitis C Compensation Tribunal, which found he had not proven a psychiatric injury beyond normal grief. In the High Court, Mr Justice Michael Hanna accepted that the father, who cannot be identified for legal reasons, suffered moderate post‑traumatic stress after witnessing his son's death in a hospital waiting area. The judge noted the father's life had been seriously affected by sleeplessness, irritability and a loss of quality of life. The award was reduced from €125,000 to €110,000 because the father had not undergone therapy, a factor the judge considered in mitigating the loss.
A Dublin man, Darren Hogan, aged 43, was extradited to the United Kingdom to serve the remaining five years of a 14‑year sentence for importing eleven kilograms of cocaine. Hogan had already served seven years of his sentence before breaching probation by returning to Dublin, where he was born. He pleaded guilty at Chelmsford Crown Court in October 2005 and was stopped by customs at Stansted airport in August 2005 after travelling from Faro, Portugal, with ten tape‑wrapped blocks of the drug. In October 2012 he was released on licence from HM Prison Liverpool under supervision, but in July 2014 he failed to attend an appointment with his probation officer and was later found to have travelled back to Dublin. The High Court, presided over by Ms Justice Aileen Donnelly, heard that the central issue was whether Hogan's family rights would be violated by his surrender to the UK.
The High Court lifted an injunction that had stopped the State from deporting a woman and her eight‑year‑old Irish‑born child. The woman, who had gone into hiding for almost five years after the Minister issued deportation orders, cannot be named for legal reasons. In a May judgment, Mr Justice Richard Humphreys rejected the applicants' claims that the deportation should be revoked, including arguments that the child's educational rights were not properly considered. The judge held that the right to free primary education does not bar deportation. An appeal against this decision is pending before the Court of Appeal. The court discharged the injunction, stating it was not unjust to deport the applicants before the appeal is heard, though it placed a four‑week stay to allow the applicants to pursue consequential orders and prepare their affairs.
The High Court has reserved its decision on a judicial review action brought by Alan Bradley, who was sentenced to nine years imprisonment with the final two years suspended for conspiring to steal cash from Chubb Ireland in November 2007 at Tesco, Celbridge, Co Kildare. Bradley, along with his brother Wayne, pleaded guilty in 2012 to the charge. His sentence was later reduced on appeal to eight years, with 18 months suspended. Bradley claims he is entitled to one-third remission of his sentence, rather than the standard one-quarter, citing his attendance at courses and good behaviour while in Portlaoise Prison. Two applications for enhanced remission were refused by the Minister for Justice on the grounds that he posed a risk to public safety. Bradley argues the Minister failed to provide proper reasons for the refusal and that he was denied fair procedures. The Minister opposes the action, stating she was entitled to refuse enhanced remission based on the evidence. Following submissions from both parties, Ms Justice Úna Ní Raifeartaigh reserved her decision and remanded Bradley on continuing bail pending her ruling.
In a High Court decision on 15 November 2016, figure skater Fianait Bligh, aged 19, was ordered to pay the legal costs of her unsuccessful bid to compel the Ice Skating Association of Ireland to select her for International Skating Union events. Bligh had sought mandatory orders in July 2015, claiming discrimination after being chosen only for the Irish development squad. The court dismissed her application, finding she had not established a case for the orders she sought. The Association denied the discrimination claim and argued that selection for the development squad did not entitle her to national team placement. Following the ruling, the Association sought a costs order against Bligh, which the court granted. Bligh's case had previously been rejected by Just Sport Ireland, the independent dispute resolution service for Irish sport. The judge noted Bligh's young age and her decision to proceed with the court action, but ultimately upheld the costs order in favour of the Association.
In a High Court decision on 14 November 2016, Judge Ms Aileen Donnelly ordered the extradition of James Anthony Oliver Albert Corry, a 47‑year‑old Belfast native, to Germany. Corry was arrested in Killorglin, Co Kerry in October 2015 under a European Arrest Warrant issued by German authorities in 2004. He is suspected of taking part in a 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck, during which three mortar shells were fired. The judge noted that the public interest in prosecuting Corry for an alleged attempted murder with explosives was not diminished by the delay in seeking his surrender. She emphasized that any trial and sentence he would face in Germany could amount to life imprisonment, and that surrender would not constitute disproportionate interference with his rights. Corry was remanded in custody until 21 November 2016, with bail consent.
In a High Court decision on 11 November 2016, Ms Justice Marie Baker overturned a District Court ruling that had refused to order the State to pay for orthodontic treatment for a 14‑year‑old boy in foster care. The foster mother had applied under the 1991 Child Care Act, arguing that the treatment was in the child's best interests after the boy was bullied for his protruding teeth. The District Court had declined to order the Child and Family Agency (CFA) to pay, citing separation of powers and the boy's failure to meet criteria for public treatment. Justice Baker found the District Court had jurisdiction under the Act and had erred in its decision. She noted that the legal costs far exceeded the €4,750 treatment fee and urged the CFA to conduct an independent review of the payment application. The foster parents, described as exemplary, have cared for the boy and his siblings for ten years.
The High Court has been asked to set a hearing date for two lead cases brought by 37 medical consultants against the HSE and the State over unpaid salary rises promised under the 2008 common consultant's contract. The consultants, who work in state hospitals and public health services, claim that the HSE failed to pay them increases that would have brought their salaries to €175,000–€240,000 for extra hours and weekend work. The HSE denies any breach of contract and argues that section 22(4) of the 2004 Health Act allows it to withhold the payments. The Employment Appeals Tribunal had awarded €100,000 to Mr Thomas Hogan and €14,000 to Mr John McDermott, but the HSE appealed. The judge adjourned the matter to May next year, hoping the parties will reach an agreement on how to proceed.
In November 2016 the High Court in Dublin appointed KPMG insolvency practitioner Kieran Wallace as provisional liquidator for American Apparel Ireland Ltd, the Grafton Street clothing retailer. The court was informed that the company was insolvent and could not meet its debts. American Apparel Ireland had been trading in Ireland since December 2007 and had been owned by the US‑based parent company, which had filed for bankruptcy in the United States. The Irish subsidiary had been transferred to new ownership a year earlier but again faced trading difficulties and decided to file for bankruptcy after a shareholder resolution. The company's only realisable assets are the stock in its premises; it has no warehouse in Ireland. Wallace was granted powers to trade and sell the stock, secure assets and retain employees, with the case scheduled to return to court in December. The landlord of the Grafton Street premises claims to be a significant creditor.
In a High Court decision on 8 November 2016, Mr Justice Michael Twomey ruled that D2 Private Ltd and its owner Deirdre Foley must pay the legal costs of their unsuccessful challenge to inspectors' investigation into the collective redundancies at Clerys department store. The court dismissed the action, allowing the Workplace Relations Commission inspectors to continue their inquiry. The case, heard over five days, could cost a six‑figure sum. D2 and Ms Foley had contested the inspectors' authority to search D2's offices at Harcourt Terrace and seize a laptop and documents. The inspectors, backed by the WRC, had removed items including invoices after Clerys' sale to the Natrium joint venture. Mr Justice Twomey granted the inspectors and the WRC the right to recover their legal costs, while allowing a stay if the decision is appealed. No costs order was made for Natrium Ltd, a notice party. The ruling affirmed the inspectors' powers and the legality of the seizure.
The High Court granted a freezing order on a Dubai bank account belonging to GTD International, a UAE‑registered firm linked to Arden Forestry Management, an Irish‑registered forestry investment company under investigation by Gardaí. The order was sought by Mr Declan De Lacy, the provisional liquidator of Arden, who feared that the funds could be dissipated. Arden had raised €4 million from UK investors to buy forestry in Ireland, but only €200 000 was spent on forestry; the remainder was transferred to GTD International. Mr De Lacy argued that the company had the hallmarks of a Ponzi scheme and that some of the transferred funds, estimated at €1.5 million, had already been dissipated. The High Court, on an ex‑parte basis, made the order returnable next week. The freezing follows a Garda investigation and a prior blocking order on Arden's main AIB account, which has left the company unable to operate.
In a 2016 High Court decision, Mr Justice David Keane imposed restriction orders on Helen Jayne Bailey, Stephen James Logue, and Denis Cremin, directors of Spur (Liffey Valley) Restaurants Ltd. The orders were granted after the company entered voluntary liquidation in 2013 with a €309,000 deficit. The judge highlighted that the directors had failed to provide the liquidator, Eamon Leahy, with documentation relating to lease and franchise agreements with Trinity Leisure Ltd, which cost the company €825,000 and were not reflected on the balance sheet. The agreements, benefiting Trinity – in which Bailey and Logue were directors – created a conflict of interest and were deemed questionable. Although Cremin had a passive role, the court held that all three directors were liable and ordered restrictions on their future involvement with any firm. The decision underscored the importance of transparency and cooperation in corporate liquidation proceedings.
The High Court has dismissed a challenge brought by Investment Company D2 Private Ltd and its director, Deidre Foley, against powers used by inspectors investigating collective redundancies at Clery's Department Store. Mr Justice Michael Twomey ruled that the court did not see any basis for interfering with the investigation conducted by inspectors appointed by the Workplace Relations Commission. The inspectors had entered D2's offices at Harcourt Terrace Dublin in May, removing items including a laptop and documents, following the loss of 460 jobs in June 2015. Ms Foley and D2 argued the seizure was unlawful and that they were not the employers of the redundant workers. The judge stated that the threshold for judicial interference in State investigations is exceptionally high and had not been met. He clarified that the case did not determine the admissibility of evidence or liability for alleged offences, noting that such arguments should be raised in a criminal trial if one proceeds. The court declined to order the return of the seized materials or award damages. The matter was adjourned to November 8th.
The High Court has ordered that the claim for €2.3 million brought by Seamus Maguire and Company Solicitors against businessman Alan Hynes and his wife Noreen Hynes, trading as A&N Properties, will proceed to a full hearing. The solicitors seek summary judgment for the amount in relation to a cheque allegedly dishonoured. The cheque, drawn in November 2007, was made payable to the solicitors' client account and was held at the defendants' request. The defendants, who had borrowed €3 million from AIB to acquire and refinance a site in Moongate, claim the funds were diverted to another property and that the cheque was never paid. They deny the cheque was dishonoured and argue there is no evidence of dishonour. Mr Justice Paul McDermott ruled that the defendants raised an arguable defence that warrants a full hearing, but he was not satisfied that they had established a basis to dismiss the claim.
In a High Court hearing on 14 October 2016, Mr Justice Paul McDermott appointed solicitor Mr Hugh Kane of Kane Tuohy as a receiver on an interim basis over shares in Universal Assets Ltd, a Belize‑based company linked to former property developer Kevin McGeever. The shares, owned by Mr Robert Kearney, are alleged to be held by Mr McGeever as a beneficial owner and are connected to a mansion called 'Nirvana' on a five‑acre site in Craughwell, County Galway. Mr James Byrne, who obtained a €1.2 million judgment against Mr McGeever in 2014 over a failed Dubai apartment deal, sought the receiver's appointment to protect his position and recover the judgment. Mr McGeever's lawyers opposed the appointment, arguing no urgency and that Mr McGeever was seeking a valuation of 'Nirvana'. Mr Justice McDermott noted that no deed of trust or trustee details had been provided and adjourned the matter to 25 October 2016.
The High Court ordered the extradition of Robert Donovan, a 57‑year‑old convicted murderer, to the United Kingdom. Donovan had been serving a life sentence for the 1974 murder of Mr. Thornley on a London bridge and had been temporarily released from a UK prison in June 2010 with a duty to return by 19.30 hours. He failed to return, was considered unlawfully at large, and was believed to be residing in Waterford. Gardai arrested him on the basis of a European Arrest Warrant issued by UK authorities in November 2014. The judge, Ms Justice Aileen Donnelly, found no basis for concern that his rights would be violated if surrendered and dismissed the claim that the UK's exit from the EU posed a threat to his ECHR rights. Donovan was remanded in custody until the expected surrender date of 21 October.
The High Court adjourned contempt proceedings against former property developer Kevin McGeever for two weeks. McGeever is accused of failing to give a truthful statement of his means when businessman James Byrne sought to recover a €1.18 million judgment against him. The failure led to committal proceedings. The adjournment allows McGeever to provide information on a property called 'Nirvana' in Craughwell, County Galway, and to transfer shares in Universal Assets Ltd to Byrne. If these steps are taken, the judge said the contempt application would not proceed. Byrne's judgment remains unsatisfied, and the court will not tolerate non‑compliance with its orders. McGeever's lawyer said he would give an undertaking that the property would not be sold while the matter is pending. McGeever previously pleaded guilty to wasting Garda time and received a two‑year suspended sentence. The case is before Mr Justice Paul Gilligan.
Ms Justice Caroline Costello has lifted freezing orders on bank accounts at the High Court following agreement by the account holders to transfer funds to the Official Assignee. The monies, totalling over €85,000 in cheques made payable to a bankrupt County Monaghan farmer, had been lodged into accounts held by third parties. The Official Assignee, Chris Lehane, obtained the freezing orders in late August after the farmer's bankruptcy declaration, concerned the deposits represented attempts to place funds beyond the reach of his office. Cheques exceeding €55,000 were lodged to Navan Fruit Co Ltd at an Ulster Bank branch in County Louth, whilst over €31,000 was deposited to an account in the name of Tony Walsh trading as Breathnach Bargains at a Dublin branch of Bank of Ireland. Both account holders agreed to release the funds, with Walsh committing to pay €20,000 within one week and the remainder within two weeks. Ms Justice Costello vacated the freezing orders and adjourned the matter.
The High Court dismissed a bid to halt a rape trial for a man in his sixties accused of raping a seven‑year‑old girl in a field near her home over 40 years ago. The man, who cannot be identified for legal reasons, denies the allegation. He had previously filed a challenge to prevent his trial at the Central Criminal Court, claiming that three key witnesses had died and that there was a real risk of an unfair trial. The Director of Public Prosecutions opposed the application, arguing the case should proceed. Mr Justice Paul McDermott ruled that the man had not established any grounds to discontinue the prosecution and cleared the way for the trial to continue. The judge noted that the prosecution intends to proceed on the basis that the single charge represents multiple alleged rapes over a five‑month period in the early 1970s.
The High Court has granted permission to the Dublin-based group Right to Know CLG to proceed with a challenge against the Department of An Taoiseach's refusal to provide documents showing cabinet discussions on climate change. The action follows a decision by a senior official at the Department on June 27th, which refused Right to Know access to 31 documents it had sought. This decision followed an earlier refusal by the Department to grant access to the documents, which show cabinet discussions on climate change and Ireland's greenhouse emissions between 2002 and 2016. Right to Know, which seeks to improve public access to information, applied for access to the documents in March under European Access to Information on the Environment Regulations and EU Directives on public access to environmental information. The Department initially refused access in May, citing cabinet confidentiality. Right to Know sought an internal review, arguing that the Department's initial refusal did not comply with EU law obligations and that the public interest in disclosure outweighs the interest in refusal. Following the internal review, the Department again refused access. Right to Know claims its submissions were not properly considered and that the refusal was unlawful and incompatible with EU law. In his judgment, Mr Justice Raymond Fullam said he was prepared to grant Right to Know permission to bring its action, noting the case concerns the interpretation of EU Directive on public access to environmental information. The case has been brought in the context of the supremacy of European Law over national law. The Judge granted permission to seek an order quashing the June 27th decision and a declaration that the Minister for Environment, Heritage and Local Government is not permitted under EU law to exclude an entire class of documents from disclosure. Permission was also granted to seek a declaration that the review decision did not contain adequate reasons. The application was made ex-parte, and the matter has been returned for a hearing in November.
In a High Court pre‑trial application, barrister Maura King has sued the Bar Council of Ireland and the Barristers Professional Conduct Tribunal, alleging that a complaint of misconduct lodged against her in 2013 was mishandled and dismissed. King claims the handling of the complaint has harmed her health and led to ostracism by many Bar members. Both bodies oppose the action and seek to strike the proceedings out, citing alleged inability to defend themselves. The judge, Mr Justice Paul Gilligan, has reserved judgment and will decide later.
The High Court rejected a French extradition request for a mother accused of abducting her 17‑year‑old son. The unnamed French woman had flown to Ireland with her son a day after she was due to hand him over to his father, who has joint custody. She claimed she feared the boy would be institutionalised if returned to his father. French authorities sought her extradition on child‑abduction and failure‑to‑deliver charges. In the hearing, the Minister for Justice argued that the French charge equated to false imprisonment in Ireland, while the woman's counsel maintained the boy had consented and was capable of decision‑making as a 17‑year‑old. Justice Aileen Donnelly found no evidence of lack of consent and concluded the offences were not equivalent, thereby dismissing the extradition request. The case was discharged and scheduled for a further mention.
The High Court, by Ms Justice Caroline Costello, approved a compensation arrangement for six former bankrupts who held tracker mortgages with Permanent TSB. Under the scheme, PTSB will pay up to €25,000 to each bankrupt, with 70% of each payment going to the bankrupt and 30% to the Official Assignee, Mr Chris Lehane, who will distribute that portion to creditors. The arrangement followed negotiations among PTSB, Mr Lehane, solicitors, the Irish Mortgage Holders Association and New Beginning groups, and was prompted by PTSB's admission that it had wrongly moved customers onto more expensive mortgages. The scheme is part of PTSB's Mortgage Redress Programme, which aims to compensate affected customers, return them to trackers and refund them. The judge approved the arrangement, noting its benefit to all parties involved.
The High Court has adjudicated Breifne O'Brien as a bankrupt following an application made to Ms Justice Caroline Costello. O'Brien, who is currently serving a seven-year prison sentence, had previously pleaded guilty at Dublin Circuit Criminal Court to 14 sample counts of making a gain or causing a loss by deception or theft of approximately €8.5 million between 2003 and 2008. He was sentenced to seven years' imprisonment by Judge Patricia Ryan on October 8, 2014, for inducing others to invest in bogus property deals and a linen shipping insurance scheme, described as a pyramid scheme. His subsequent appeal against the length of that term was dismissed by the Court of Appeal last December. In the current High Court proceedings, O'Brien's counsel stated that he was seeking bankruptcy on his own petition. The court noted that O'Brien owes approximately €25 million in secured debt and €13.7 million in unsecured debt. Ms Justice Costello adjudicated him bankrupt, ruling that no additional statement of affairs was required. However, she ordered that the adjudication be advertised on the Insolvency Service of Ireland's website and in Iris Oifigiúil. O'Brien's solicitor will liaise with the Official Assignee, Mr Chris Lehane, regarding the process.