Court archive

Two High Court

2026-07-28 · Ireland

'Schrödinger's legal advisors': judges criticise solicitors withdrawing from cases

Two High Court judges have criticized solicitors for withdrawing their services from cases involving child complainants and serious historic sexual offending, leading to adjournments. Mr Justice Tony Hunt described the situation as 'intolerable,' noting that solicitors were not instructing barristers in several sexual assault cases. This included the sentencing of a Meath defendant for the sexual abuse of a 12-year-old in the 1990s. The court heard that the solicitor had withdrawn services despite the complainant being in counseling. Mr Justice Paul McDermott emphasized that lawyers cannot withdraw from cases on the cusp of finalization and adjourned the sentencing hearing to Friday. The judges expressed frustration over the impact of the withdrawals on the justice process, with Mr Justice Hunt noting that the DPP had been informed of the 'industrial action' affecting the cases. The court highlighted the need for legal advisors to be present and for cases to be concluded, even in the face of such challenges. The unnamed 12-year-old pleaded guilty.

2021-01-13 · Kerry

Challenges against Kerry 'Greenway'

Two High Court challenges have been launched against the proposed 32‑km South Kerry Greenway, which would run from Glenbeigh to Caherciveen along the former Southern and Western Railway. The first challenge is brought by farmer James Clifford and environmental activist Peter Sweetman, who argue that An Bord Pleanala's approval of the greenway, including a 3‑metre paved surface, violates EU directives on Environmental Impact Assessments and Habitats. They claim the board failed to protect the Kerry slug and the Lesser Horseshoe bat, and seek an order quashing the decision and a declaration that the 2000 Planning & Development Act does not meet EIA obligations. The second challenge is filed by the Greenway Information Group, representing local landowners whose properties would be compulsorily purchased for the route. They also seek to quash the council's permission.

2019-07-08 · Longford

Developer concerned about delays to €60m wind farm project

Two High Court challenges against An Bord Pleanala's decision to grant planning permission for the Coole Windfarm have been admitted to the fast-track commercial court list. The actions, brought by the North Westmeath Turbine Action Group and environmental campaigner Peter Sweetman, seek to quash the board's March decision to allow a 13-turbine development on peatlands near Coole, Co Westmeath. The applicants allege the decision is inconsistent with EU directives on Habitats and Environmental Impact Assessments. Permission for judicial review was granted last May. On Monday, Mr Justice Robert Haughton admitted both cases to the commercial list, an application made by developer Coole Windfarm Ltd and not opposed. The developer expressed concern over delays to the €60m project, arguing that expeditious handling is necessary to meet 2020 EU emission reduction commitments and avoid potential fines. Coole Windfarm claims it has already spent €2.3m and that the project will generate 75 construction jobs and save nearly two million tonnes of carbon dioxide over its 25-year life. Westmeath County Council and the developer are notice parties. The State intends to apply to be released from the residents' group's proceedings, claiming no cause of action is disclosed against it. The cases were adjourned to February and are expected to take between six to eight days to hear.

2019-06-19 · Ireland

Bid by special needs children for extra schooling is settled

Two High Court actions concerning the Minister for Education's refusal to enrol two young children with complex educational needs in the July Provision Scheme were settled. The children, who attend mainstream primary schools, were denied entry because they did not have a diagnosis of Autism Spectrum Disorder or a severe or profound general learning disability, the only conditions that qualify for the scheme. The families argued the refusals were irrational, unreasonable and breached the children's rights under the European Convention on Human Rights and the 1998 Education Act. The settlement provides the families with a payment equivalent to the amount normally paid to children who qualify for home‑based July Provision. The payment can be used for tuition at home or another suitable scheme and will continue until the children reach 18 or until the scheme is abolished, at which point they may apply to a new scheme. The agreement also includes an order for costs.

2018-02-22 · Ireland

Former general secretary resolves actions against IFA

Two High Court actions brought by former Irish Farmers Association general secretary Pat Smith were resolved. Smith had sought orders for the IFA to comply with a November 2015 agreement in which he claimed the association owed him €2 million – €1 million immediately and a further €1 million over ten years – and had also alleged defamation and sought damages. In a statement read to the court by counsel Mark Connaughton SC, the IFA and Smith confirmed that the actions relating to alleged breach of contract over Smith's departure and the action over statements made after his departure have been settled. The IFA acknowledged Smith's long service, his role as CEO, and that it had made defamatory statements in the media, expressing regret and wishing him well. The other case, aimed at enforcing the 2015 agreement, was also struck out on consent after the judge welcomed the resolution.

2017-10-26 · Dublin

Disputes over alleged pyrite deceit are struck out after agreement reached

In two High Court actions involving Irish Asphalt Ltd and James Elliot Construction, the disputes were struck out after the parties reached out‑of‑court agreements. The first case, heard by Ms Justice Caroline Costello, concerned allegations that Irish Asphalt and its directors supplied products containing excessive pyrite and misrepresented their quality. James Elliot Construction sought damages and an indemnity, but the claims were denied and the case was dismissed with the parties acknowledging no basis for deceit or misrepresentation. The second case, before Mr Justice Tony O'Connor, involved a petition for the appointment of a liquidator over an alleged unpaid debt of more than €2.4 million. James Elliot Construction withdrew the petition after mediation, and the proceedings were struck out. Both parties agreed to resolve the matters, with Irish Asphalt's legal costs partially covered by James Elliot Construction. The winding‑up application was opposed by Irish Asphalt, its directors and Lagan Holdings Ltd, the company's largest creditor.