Court archive

Stage Hearing Or Decision court reports

2024-02-21 · Ireland

'The biggest slap in the face': ex-airman says he was denied retirement ceremony for making protected disclosure

Patrick Gorman, a former Air Corps airman who served 35 years, claims he was denied a retirement ceremony after making protected disclosures in 2014 and 2015. He alleges that up to six former members of the No 4 Support Wing at Baldonnel Aerodrome were similarly treated. Gorman's representative, Niall Donohue, told the Workplace Relations Commission that the denial undermined his reputation within the Defence Forces community. The State, represented by Hugh Guidera BL, argues Gorman is too late to file a penalisation claim, citing that he filed a statutory complaint in November 2022, more than two and a half years after retirement. Guidera also contends that Defence Forces personnel are "workers" under the Protected Disclosures Act 2014, not "employees," and therefore lack the same protections. Commandant David Brennan testified that unit presentations are organised by colleagues and peers, and that no decision was made to exclude Gorman.

2024-02-21 · Cork

Michael Flatley claims insurer refusing to pay relocation expenses of up to €80k per month, plans to cancel policy

In a High Court hearing on 21 February 2024, Michael Flatley, the 65‑year‑old dancer, claimed that Hiscox Societe Anonyme's Irish branch had refused to pay his monthly relocation expenses of up to €80,000 and intended to cancel the insurance policy covering his Castlehyde Manor property from 8 March. Flatley, represented by Ronnie Hudson BL and solicitor Max Mooney, obtained an ex‑parte order to restrain Hiscox from cancelling the policy and to prevent denial of coverage for the Fermoy property until the proceedings concluded. He argued that the insurer had been aware of the property's unsafe chemical residue and had renewed the policy in November, yet now sought cancellation on the basis of changed occupancy. Flatley said the insurer had not compensated him for vacating the home, and he feared difficulty in securing alternative coverage if the policy were cancelled. The case will return to court later that week.

2024-02-21 · Dublin

Xi'an Street Food says rival name will breach trademark

In a High Court hearing, Hitianland Limited, trading as 'Xi'an Street Food', claimed that IR Entertainment Limited's planned restaurant 'Meet Xi'an' would breach its registered trademark. Hitianland operates eight authentic Chinese restaurants in Ireland, including two near the proposed Dublin 7 location. The plaintiff argued that the name 'Meet Xi'an' and a logo featuring similar Chinese characters would cause confusion and damage its goodwill. IR Entertainment denied wrongdoing. Hitianland, represented by Imogen McGrath SC, highlighted its 2017‑established brand, awards, social media presence, and significant investment. The court, presided over by Mr Justice Mark Sanfey, granted Hitianland permission to serve short‑notice injunction proceedings, with the case set to return next week. The injunction seeks to restrain infringement and damages. The matter remains pending.

2024-02-21 · Cavan

Judge rules Gemma O'Doherty must appear before High Court to answer alleged contempt

A High Court judge has ruled that Gemma O'Doherty must appear before the court to answer alleged contempt of an existing injunction. Mr Justice Mark Sanfey was satisfied that Ms O'Doherty had breached an order restraining her from harassing Edel Campbell of Kingscourt, County Cavan, whose son died by suicide. The injunction, granted in June, followed Ms Campbell's claim that Ms O'Doherty unlawfully published an image of her late son in connection with Covid-19 vaccination claims. The judge found that Ms O'Doherty had made statements in video posts across multiple months in apparent disregard of the order and noted she was absent from Wednesday's hearing. Mr Justice Sanfey stated that journalism cannot excuse such conduct and that intimidation of the plaintiff had demonstrably continued after the injunction was granted. Ms O'Doherty denies all allegations against her. She is required to appear before the High Court on Friday morning.

2024-02-20 · Dublin

Waste facility operating since 1990s fails in bid to overturn refusal for continued use

The High Court upheld An Bord Pleanala's refusal to grant retention permission for St Margaret's Recycling and Transfer Centre Limited to continue using its waste facility at Sandyhill, St Margarets, which has operated since the late 1990s. The operator had appealed the board's decision, which had been made after a 2021 Fingal County Council permission that was limited to three years and subject to 17 conditions. The board refused retention on grounds that the operator had not supplied sufficient evidence to assess environmental impact and that the proposed waste disposal contravened the council's land‑use zoning objectives. The court found the board's reasoning correct, noted that the operator's claim that the council had not required a full Environmental Impact Assessment was mistaken, and rejected all grounds raised by the operator. The decision confirms the board's refusal and the operator's appeal was dismissed.

2024-02-20 · Sligo

Ghanian fishermen say they are owed redundancy on top of decommissioning payout

Seven Ghanaian fishermen have brought claims before the Workplace Relations Commission alleging they are entitled to statutory redundancy payments in addition to compensation received under a vessel decommissioning scheme administered by Bord Iascaigh Mhara. The men, recruited to work in Ireland under an atypical work permit scheme for non-EU fishers, received payments based on years of service aboard the same vessel when their employer applied for €2 million in decommissioning compensation in 2022. Their union representative contends the decommissioning payments have no legal bearing on separate statutory redundancy entitlements, with individual claims ranging from €8,736 to €3,443. The vessel owner's legal team argues the scheme compensation was intended as redundancy payment in lieu of additional statutory entitlements, and that granting the claim would create discriminatory outcomes for Irish and EU fishermen. Adjudicator Jim Dolan has reserved judgment pending further consideration of the submissions.

2024-02-20 · Galway

Cancer survivor wins €5k after HSE ordered her back to kitchen work during pandemic

Deirdre O'Grady, a cancer survivor with chemotherapy‑induced nerve damage, filed a complaint under the Employment Equality Act 1998 against the Health Service Executive (HSE). She had been promised a full‑time office role in Tuam after her treatment, but when the Covid‑19 pandemic began in 2020 she was redeployed to Ballinasloe and required to work full‑time in a kitchen, contrary to medical advice. The HSE argued it had adhered to medical recommendations and that occupational health reports deemed her fit for the duties. The tribunal found the HSE had made some efforts but failed to meet its legal obligations for reasonable accommodation. The adjudicating officer awarded O'Grady €5,000 for disability discrimination, while rejecting a claim for extra mileage compensation as an unreasonable burden on the employer.

2024-02-19 · Galway

Registrar of Companies takes actions against District Court decisions

The Registrar of Companies has filed High Court actions to annul District Court orders that granted two companies, Kitchen Innovations Limited and Greenay Ltd, additional time to file their annual returns. The Registrar argues that the courts lacked jurisdiction to issue a second extension beyond the single 28‑day period normally allowed. The proceedings, represented by Brian Conroy SC and John Freeman BL, seek to set aside the orders and declare any returns filed under them as not lawfully registered. Justice Niamh Hyland granted the Registrar permission to proceed ex‑parte, with the case scheduled for a hearing next month. The Registrar also requests declarations that the returns were not delivered within the statutory periods and should be removed from the register. The action follows the lifting of a pandemic‑era suspension on enforcement of non‑filing penalties, which will resume shortly.

2024-02-16 · Galway

Fund rejects 'in strongest possible terms' allegations of wrongdoing at Galway property

Lucy Ewins, a Kenyan‑born resident of Ireland for over 30 years, has brought an injunction application against Promontoria Scariff Designated Activity Company and receiver Mr David O'Connor, alleging unlawful conduct in the sale of her four‑bedroom home in Knocknacarra, Galway. She claims the defendants' agents changed the locks, attempted to market the property for auction, and that a representative once stayed overnight in the sitting room, constituting trespass and a breach of her privacy rights. Ewins also alleges intimidation and harassment over several years. She seeks to restrain the defendants from selling or trespassing on the property. The High Court granted her permission to file the injunction, and the case was adjourned for two weeks to allow the defendants to reply. The defendants deny all allegations in the "strongest possible terms" and have offered undertakings not to sell or attend the property until the matter returns to court.

2024-02-15 · Ireland

Start-up CEO says staff will be let go if funding isn't secured

In a hearing before the Workplace Relations Commission, John Maguire, chief executive of TripAdmit Ltd, explained that the travel‑technology start‑up, founded in 2019, has cut its workforce from 14 to seven employees due to a lack of investment funding. He said that if further funding cannot be secured, the remaining staff will also be let go. Maguire described the company's financial position, noting that it is loss‑making and that it has no HR department. He stated that Graziano D'Amato, a senior account manager who was dismissed in May 2023, was the first employee to be let go because his sales performance did not meet the company's aggressive targets. D'Amato claimed that the dismissal letter cited poor customer performance rather than his own sales figures. The adjudicator instructed D'Amato to submit evidence of job‑search activity and gave Maguire a deadline to respond. The decision will be issued later.

2024-02-14 · Galway

Businesswoman asks for orders to halt auction of Galway property

Lucy Ewins, a businesswoman who has lived in Ireland for over 30 years, has applied to the High Court for injunctions to stop a financial fund and its receiver from trespassing on or selling her Galway City home at The Rise, Knocknacarra. She alleges that the defendants' agents entered her residence, changed the locks, and are attempting to market the property for auction. Ewins also claims that a representative of the defendants stayed overnight in the sitting room and that the defendants have harassed her for years. She says the property has been her principal private residence since 2014 and that she lives there permanently after her marriage ended. Ewins seeks orders restraining the defendants from selling the property and from any further trespass or interference. The case was adjourned to a later court sitting after the judge allowed her to serve short‑notice proceedings on the defendants.

2024-02-14 · Dublin

Action against Ombudsman over refusal to investigate BOI's wrongful bid to seize home resolved

High Court proceedings brought by Garret Lawn, a driver from Portmarnock, against the Financial Services and Pensions Ombudsman have been resolved. Mr Lawn, represented by HG Carpendale Solicitors, challenged the Ombudsman's refusal to investigate a complaint regarding Bank of Ireland Mortgage Bank. The complaint alleged that the bank wrongfully commenced possession proceedings against his family home in 2018, causing distress and adversely affecting his credit rating. Although the bank withdrew the action in 2019 and offered compensation, the Ombudsman declined to investigate in April of last year, citing a lack of jurisdiction due to prior court involvement. Mr Lawn argued this was an error, contending the dispute had never been before a court and that the Ombudsman acted unreasonably and outside its powers. Following discussions, the matter was resolved before Ms Justice Niamh Hyland. The Ombudsman consented to an order quashing its decision not to investigate the complaint. The court accepted that the proceedings were resolved on these terms, effectively overturning the initial refusal to probe the alleged wrongful bid to seize the property.

2024-02-14 · Ireland

Company getting 20,000 calls per day from customers who can't redeem money from prepaid cards, High Court told

In a High Court hearing on 14 February 2024, the liquidators of PFS Card Services Ireland Ltd (PCSIL) confirmed that the company, owned by the Australian fintech group EML, had been receiving about 20,000 daily calls from customers who could not redeem money from prepaid cards. The creditors, Creacard SA and Klopercom Limited (trading as Veritas), claimed they were owed €15 million and expressed concerns over customers' inability to activate funds and over a purported sale of the company's secure online portal to its shareholder Prepaid Financial Services (Ireland Limited) two days before liquidation. The liquidators, Kieran Wallace and Andrew O'Leary, were appointed provisional liquidators in March and confirmed as official liquidators by Justice Liam Kennedy. They acknowledged the creditors' concerns, began addressing them, and will seek independent advice on the asset sale.

2024-02-14 · Ireland

Orders against fintech start-up Layer top €100k

The Workplace Relations Commission ordered Layer Digital Solutions Ltd, trading as Layer, to pay former quality assurance manager Polina Andreeva €21,307.67 for two months' unpaid salary at €6,916.66 a month and a further four weeks' pay in lieu of notice. Andreeva resigned on 29 May 2023 after an "unexplained failure" to pay her salary for the preceding two months, and she was not paid during her four‑week notice period. The adjudicator found the company had made an unlawful deduction from her €1,596.15‑a‑week contracted salary for April 2023 up to 29 May 2023. He awarded €1,730.22 for non‑payment of unused annual leave entitlements, and €6,384.60 for the failure to pay her during the notice period. The total awards against Layer for this claim amount to €21,307.67.

2024-02-13 · Dublin

Senior exec sues employer over demand that he stop working from home

Brian Fitzpatrick, a senior Vice President at Bocomm Aviation Leasing Ireland, has filed High Court proceedings against his employer after it demanded he work several days a week from its Dublin office instead of working remotely from his home in Danganbrack, Quin, Co Clare. Fitzpatrick says the company had no prior issue with his remote work and that the demand arose several months ago. He claims the company initiated a disciplinary process in August over his refusal to work from Dublin, labeling it "completely out of the blue." Fitzpatrick also alleges the company wrongfully withheld his annual bonus, generally over €200,000, and has been investigating him over an alleged historical expenses claim. He seeks an injunction to prevent sanctions, to halt the investigation, and to compel payment of salary, benefits, and the bonus. Mr Justice Rory Mulchay granted Fitzpatrick permission to serve short‑notice injunction proceedings, with the case set to return later this week.

2024-02-12 · Donegal

Priest and community group resolve action over access to Donegal beach

A community group and a Catholic priest have resolved High Court proceedings concerning public access to Castlegoland beach in County Donegal. Save our Beach at Castlegoland CLG and Fr John Moore had challenged works at the Lake House Hotel and Portnoo Golf Club, claiming they obstructed established rights of way to the shore and lacked planning permission. The applicants argued the developments had damaged the scenic amenity and local ecology. The respondents, including businessmen Liam and Paul McDevitt of Knather Acquisitions Unlimited, and hotel owner Midge Holdings Limited, denied wrongdoing. Before Ms Justice Siobhan Phelan, the parties reached an agreed settlement. Public access to the beach has been restored. The respondents agreed to remove electric fencing and monitoring equipment within weeks and to expedite a planning appeal with An Bord Pleanála. Removal of screen berms and a water storage tank is stayed for one year to allow regularisation of their planning status. The hotel has agreed not to open to the public during this period. The applicants recovered their legal costs.

2024-02-12 · Cavan

Application seeking Gemma O'Doherty's possible committal to prison for alleged contempt is adjourned

An application seeking Gemma O'Doherty's possible committal to prison for alleged contempt of court has been adjourned for one week by Mr Justice Mark Sanfey in the High Court. The motion, brought by Edel Campbell from Kingscourt, County Cavan, alleges that Ms O'Doherty breached court orders by harassing Ms Campbell and using images of her late son Diego without consent. Ms O'Doherty was absent from proceedings on Monday, with the court informed she is currently out of the jurisdiction. The judge noted she had been made aware of the application through email service of court documents. Ms Campbell's counsel argued there could be no doubt of Ms O'Doherty's knowledge of the proceedings. The adjournment was granted to allow Ms Campbell's legal team to make submissions on whether email service suffices for a motion that could result in committal for contempt. Ms O'Doherty denies the allegations. The case also involves Ms Campbell's underlying claim that Ms O'Doherty unlawfully published her son's image in connection with Covid-19 vaccination claims.

2024-02-09 · Dublin

ESB employee does not have to answer questions about alleged unlawful payments for time being, judge rules

In a High Court decision, Mr Justice Rory Mulchay ruled that ESB employee Kieran Sharkey need not answer the company's questions about alleged payments from builders while a criminal investigation into him is ongoing. The court held that the right to silence, which applies to state inquiries, protects Sharkey from self‑incrimination and that the ESB cannot enforce disciplinary action until the investigation ends or the ESB can prove that its contractual interests outweigh the constitutional right. Sharkey, an electrician employed since 2017, had been asked by the ESB to disclose whether he accepted payments for preferential treatment, the amounts, sources and work performed. He declined, citing legal advice and the Garda investigation. The judge declined to grant the ESB a declaration allowing dismissal and said the matter would return to court later in the month. The decision emphasises that the right to silence is not absolute and that the ESB must consider competing interests before penalising the employee.

2024-02-09 · Ireland

15 witnesses may testify in dispute between auctioneers body and ex-president

In a whistleblower protection claim under the Protected Disclosures Act 2014, former Irish Professional Auctioneers and Valuers Association (IPAV) president Gerry Coffey has filed a complaint with the Workplace Relations Commission (WRC). The case, heard at a brief preliminary hearing, saw no evidence presented as IPAV's barrister, Jason Murray BL, requested an adjournment and a six‑week period for the complainant to serve documents and a witness list. Murray estimated that the complainant might call four to six witnesses, while IPAV could present about eight, suggesting a total of up to fifteen witnesses. The WRC was asked to set aside at least three days for the matter. Anthony Slein BL, representing Coffey, noted that both parties could engage during the adjournment to avoid unnecessary witnesses. The adjudicator, Jim Dolan, has scheduled the next hearing for around twelve weeks from now, with dates to be confirmed by the WRC.

2024-02-09 · Ireland

Senior manager at Digital River says he was put out of job in 'sham redundancy'

Kevin Foley, former senior director of sales for EMEA at Digital River Ireland Ltd, claims he was dismissed in a "sham" redundancy that involved his US‑based boss. Foley said he expected to remain employed until spring 2023 after receiving a retention bonus in August 2022, but was told he faced redundancy less than a month later. He alleges the redundancy process was predetermined and that his former line manager, who benefited from the decision, should not have been involved. Foley's solicitor argued the company failed to prove a genuine redundancy situation or a fair process. The Workplace Relations Commission heard that Digital River had reduced its global workforce from 648 to 382 in 2022, losing 11 jobs in Ireland. Foley is seeking compensation for a reduction in earnings since taking a new job with a lower base salary and commission structure. The hearing concluded with the adjudicator hoping to issue a decision before Easter.

2024-02-07 · Ireland

Injunction sought over proposed share agreement in Walls Construction holding company

McSorley Investments Limited, holding about 20% of Walls Construction Holding Limited (WCHL), has applied to the High Court for an injunction to stop WCHL and several board members from approving a proposed Growth Share Scheme at the next board meeting. The claim argues that the scheme would dilute and oppress McSorley's interests and that it contravenes the 2015 Subscription and Shareholders Agreement, which requires all parties' consent for new share issues. McSorley also seeks an order preventing any other share‑issuing scheme without its approval and, if necessary, the cancellation of any scheme implemented without consent. The court, hearing the case ex‑parte, granted McSorley permission to serve short notice of the injunctions and adjourned the matter for a week. The dispute centres on the proposed allocation of a large volume of shares to new management, raising concerns about fairness, tax implications and potential dilution of existing shareholders' stakes.

2024-02-07 · Limerick

Environmentalist's challenge to chicken plant is dismissed

The High Court dismissed environmental activist Peter Sweetman's challenge to the Environmental Protection Agency's (EPA) February 2019 decision to grant an industrial emissions licence to Michael Noel O'Connor for a 74,000‑bird broiler chicken plant at Rathcahill West, Templeglantine, Newcastlewest, Co. Limerick. Sweetman argued the EPA had failed to properly assess the disposal of chicken manure and water washings, had no jurisdiction, and had not considered EU directives on habitats, waste water and environmental impact. He also sought declarations that the EPA had erred in law and acted contrary to EU waste directives. The EPA counter‑claimed that it had considered all relevant matters and that the licence was correctly awarded under the 1992 EPA Act. Judge Conleth Bradley found the EPA had not acted outside its regulatory powers, had correctly defined its statutory and regulatory ambit, and therefore dismissed the action. No further proceedings were ordered.

2024-02-06 · Meath

Accountant alleged to have hired 'Viper' Foley over disputed debt denies any wrongdoing

An accountant, Gerard Young, trading as Mara Young & Company, has denied all allegations of wrongdoing after NCS Autoparts Limited, its director Paul Lanigan and his wife Brenda Lanigan filed an injunction against him. The plaintiffs claim that Young is attempting to intimidate and harass them over an alleged €19,000 debt. They say that in early January, Martin 'the Viper' Foley, a convicted criminal, called their home and left a business card in an attempt to collect the debt on Young's behalf. Young has obtained a circuit court judgment against the plaintiffs but the plaintiffs are seeking to have that order set aside. The court adjourned the matter, with an undertaking that Foley will not communicate with the plaintiffs or attend their property until the case returns later this month. The plaintiffs also request an injunction restraining Young from instructing Foley or his debt‑recovery business to contact them.

2024-02-02 · Ireland

Metropolitan Films to appeal €430k worth of workplace rights decisions

Metropolitan Films International Ltd, along with applicants Catherine Byrne and Liz Murray, has served notice of appeal to the Labour Court regarding Workplace Relations Commission decisions awarding 23 Irish Film Workers' Association members a combined €430,000 in back pay and compensation. The WRC found that the company, founded by the late James Flynn, breached multiple employment rights. In 13 cases, Adjudication Officer Catherine Byrne ordered Metropolitan Films to pay €5,000 each for failing to provide written statements under the Protection of Employees (Fixed-Term Work) Act 2003. Ten workers were additionally awarded €25,000 each for penalisation by dismissal for asserting their entitlement to fixed-term contracts. Most cases included four weeks' pay for breaching the Terms of Employment (Information) Act 1994. The highest awards, exceeding €38,000 each, were secured by plasterers Fran and Frank Matthews. The company's representatives had denied direct employment, claiming workers were hired via designated activity companies, but Ms Byrne accepted sworn evidence that contract signatures were forged, describing the arrangement as a contrivance. IFWA organiser Liz Murray questioned the company's moral right to appeal. Metropolitan Films stated it does not comment on ongoing legal proceedings. No grounds of appeal have yet been set out, and the matter remains at the hearing or decision stage pending the Labour Court's review.

2024-02-01 · Meath

Directors seek injunction over The Viper's alleged involvement in collection of disputed debt

In a High Court case on 1 February 2024, the directors of NCS Autoparts Limited, Paul and Brenda Lanigan, alleged that chartered accountant Gerard Young, trading as Mara Young & Company, had hired convicted criminal Martin 'The Viper' Foley to collect an approximate €19,000 debt. The plaintiffs claim Foley's visits to their home, including leaving a business card, constituted intimidation. They seek an injunction preventing Young from instructing Foley or his debt‑recovery business to contact them. The court noted the alleged intimidation as "very intimidating" and granted the plaintiffs permission to serve short‑notice injunction proceedings on the defendant. The matter was set to return next week, with the judge expressing confidence that Foley would not call the plaintiffs' property until the next hearing. No orders were made at this stage. The case remains pending.

2024-02-01 · Ireland

HSE worker left reporting to nobody for 15 years

The Health Service Executive (HSE) was ordered by the Workplace Relations Commission (WRC) to pay a former estates manager, Martin Beirne, €31,666.78 for 104 days of untaken annual leave that had accumulated over 15 years of service. Beirne had been left without a line manager after his position was abolished in 2008, and he managed a team of five independently, with no senior manager to approve or advise on his holiday entitlement. He logged all hours and leave in the HSE's computerised system, but the HSE argued that it had not denied his leave and that he was responsible for managing it. The WRC found that the lack of effective line management prevented Beirne from taking his full leave, and ruled the complaint well‑founded. The decision also acknowledged a separate earlier dispute in which the HSE paid Beirne €80,000 for unpaid travel and subsistence expenses, which was unrelated to the leave claim.

2024-02-01 · Ireland

Wayne Barnes revealed as guest speaker at annual Judicial Council meeting

Wayne Barnes, a former international rugby referee and barrister, will speak at the Judicial Council meeting on Friday. Barnes, 44, is a partner in the government investigations & white collar practice of Squire Patton Boggs in London and has advised sports organisations, sponsors and rights holders on sports law, governance, ethics and safeguarding. He has refereed major club and international matches, including five World Cups and the 2019 Rugby World Cup Final in Paris. During his rugby career he faced severe abuse and death threats on social media. His appearance at the Irish judiciary's annual conference was confirmed by Courts Service sources. Barnes will address judges on decision‑making, but will not be paid and will not recommend a TMO or VAR system for Irish courts.

2024-02-01 · Dublin

Senior employee resolves action against X over allegedly 'hostile' liking of tweets

The High Court struck out a High Court action brought by Aaron Rodericks, co-lead of Threat Disruption at X, against Twitter International Unlimited Company. Mr. Rodericks, who resides in Dun Laoghaire, Co. Dublin, alleged he was subjected to a "sham" disciplinary process and suspended for allegedly liking tweets critical of X, its owner Elon Musk, and CEO Linda Yaccarino. He claimed the process breached fair procedures and his contract, while the company denied wrongdoing. Counsel for both parties informed Mr. Justice Mark Sanfey that the matter had been resolved, and the judge ordered the proceedings struck out. Settlement terms were not disclosed. Separately, the court granted an ex-parte application allowing Mr. Rodericks to serve defamation proceedings on Mr. Musk in San Francisco. Mr. Rodericks alleges a tweet by Mr. Musk, which stated the "Election Integrity team" was "gone," defamed him by implying he undermined election integrity and was incompetent. He seeks damages, including exemplary and aggravated damages, from Mr. Musk and X Corp's Irish subsidiary. The court noted that Mr. Musk had not responded to requests to remove the tweet or make amends.

2024-02-01 · Dublin

Businesswoman claims she has 'serious concerns' over €1m investment in Irish firm

Ms Li Sun, a Dublin-based Chinese businesswoman, has launched High Court proceedings against Clonmannon House Retirement Village Limited. Ms Sun claims she invested €1m in 2019 through the Irish Immigrant Investor Programme, expecting to secure an Irish Visa and receive €1.3m, including interest, after five years. She alleges she has only received €100,000 and that the defendant has refused to provide quarterly management accounts or allow inspection of its books. Ms Sun expresses concern that the company may dissipate assets to avoid payment. The defendant's solicitors have denied any wrongdoing and stated Ms Sun has no reason for complaint. Ms Sun, represented by Sean O'Sullivan BL, secured a temporary High Court injunction on an ex-parte basis from Mr Justice Mark Sanfey. The order restrains the defendant from disbursing, dissipating, or disposing of any monies received from the sale or disposal of its assets or shares. The judge noted the need for caution in granting freezing orders after hearing only one side but was satisfied to grant the temporary order. The matter was adjourned to a date later this week. Ms Sun also seeks judgment for €1.3m, damages for breach of contract, and orders directing the defendant to provide accounts and freeze assets below a certain level pending the determination of the proceedings.

2024-02-01 · Cork

Health & Safety company takes action against former CEO and others

Occupli Limited has brought a High Court action alleging that its former CEO, Chris Mee, and others unlawfully accessed and used the company's private, confidential and commercially sensitive information. The plaintiff claims that Mee, his daughter Catherine Mee, former employees Julie Twomey and Leah Murphy, and a firm allegedly owned by Mee, EHS International Ventures Ltd, have solicited Occupli's employees and clients, thereby damaging the company's economic interests and reputation. Occupli seeks temporary injunctions to prevent the defendants from interfering with, deleting, or using its information and to preserve any data on their IT systems. Mr Justice Mark Sanfey granted an interim injunction on an ex‑parte basis, noting that the defendants have strongly denied wrongdoing. The case remains adjourned, with the court allowing parties to return before the scheduled date. The action is based on alleged breaches of a prior settlement that included non‑compete and non‑solicitation provisions.

2024-01-31 · Cork

Two interpreters sent to case where everyone spoke English, WRC notes

In a January 2024 Employment Equality case before the Workplace Relations Commission, the adjudicator, Ms Lefre de Burgh, rejected all claims made by Ms Nicole Reekie against Liani Ltd. Ms Reekie, an Australian national who had worked as a deli assistant at the Cork City convenience store from 15 June 2022 for six weeks, alleged discrimination on civil status grounds, harassment, and a pay claim. She had requested Portuguese and Spanish interpreters, but the adjudicator deemed the request inappropriate because all parties spoke English and cited the cost to public funds. Ms Reekie claimed her civil status was "homeless" and that she was a single, older, foreign woman, but the tribunal found homelessness was not a protected status under the Equality Act. She also alleged racial discrimination because she was Australian, but the adjudicator held that the complaint could not change as the respondent responded.

2024-01-30 · Meath

Carpenter avoids jail for duping school with inferior flooring

Stewart Goodwin, 46, of Ashbourne, was found guilty of deceiving Old Borough National School in Swords by installing inferior flooring, resulting in a loss of €15,240. He pleaded guilty in the Dublin Circuit Criminal Court after a District Court charge. Goodwin had been hired to repair a flood‑damaged floor, paid a deposit, and agreed on a specific type of wood. He instead ordered cheaper, lower‑quality timber, removed the old floor, and installed a thinner, untreated surface. The school cancelled the contract and demanded a refund. Goodwin repaid €9,510 in June but still owed €15,240. He expressed remorse, claiming he intended to improve the floor later. Judge Martin Nolan imposed a 21‑month suspended sentence, requiring Goodwin to repay the full €15,240 within one year under strict conditions. No victim impact statement was prepared.

2024-01-29 · Ireland

'Whistleblower' alleges special needs children physically abused at school

The families of five special‑needs children have brought a High Court judicial review to investigate allegations made by a former staff member that the children were mentally and physically abused at their primary school. The whistle‑blower claims that two staff members—another teacher and a Special Needs Assistant—pulled and dragged the children, shouted at them, grabbed them by the neck and chin, forced them into sensory rooms, and made them complete work while distressed. She also alleges that the teacher rubbed soap over a child's mouth to stop "blowing bubbles with saliva", and that the SNA left a child in wet, soiled underwear, calling the child "dirty" and telling her to "leave some for Mammy." The whistle‑blower says the teacher and SNA told her to shout more at the children, and that they planned to make classroom changes to upset the children.

2024-01-26 · Laois

Legal Aid Board solicitor was not penalised over complaints, WRC finds

Michelle Spellissy, a solicitor with the Legal Aid Board, brought a whistleblower penalisation claim after her manager docked her a day's pay and opened a disciplinary process when she complained about headaches and electrical shocks caused by a noisy ventilation fan in her office. She also alleged that her absence from work while attending a State‑sponsored Irish exam was treated as unauthorised. The Workplace Relations Commission found that the Board had not properly determined whether her absence was unauthorised, noting that Spellissy had not been told how the Board wanted her to treat exams or study time. The WRC awarded her €123.50 in back pay and dismissed her other complaints, concluding that the Board's actions did not amount to penalisation. The case remains at the employment‑tribunal stage, with no further outcome reported.

2024-01-25 · Westmeath

Subpoena for Central Bank governor in property case an 'abuse of process', judge finds

In a High Court hearing on 25 January 2024, Mr Justice Mark Sanfey set aside a subpoena that had been issued by Paul Coyle to compel Gabriel Makhlouf, Governor of the Central Bank of Ireland, to give evidence in a property dispute brought by Ken Fennell, James Anderson and Start Mortgages. The judge found the subpoena to be flawed, lacking a clear statement of the party requesting the evidence and the documents to be produced, and concluded it was an abuse of process. The Central Bank is not a party to the case, which seeks an injunction to vacate a property in Mullingar. The subpoena was described as a "fishing expedition" and a nullity. The application to set it aside was made by Shelly Horan BL for the bank, and Mr Coyle was not present at the hearing, being in the United States. The defendants did not object to the application.

2024-01-25 · Limerick

Awards against Chinese-owned PPE firm top €312k

An ex‑employee of the Chinese‑owned PPE firm Suirsafe Technologies Ltd, Spela Pintar, secured €68,541.54 after she quit in October 2022 following months without pay. The Workplace Relations Commission upheld her complaints under the Unfair Dismissals Act 1977, the Payment of Wages Act 1991 and the Organisation of Working Time Act 1997. Pintar had not received her €4,450.50 monthly salary from July to early October 2022, after agreeing to a pay cut from the original €4,600. She had emailed the company repeatedly for the outstanding wages and presented an email where a representative said Suirsafe had "no budget" to pay her. The adjudicator found the company's non‑payment amounted to repudiatory conduct, justified her resignation and awarded €48,000 for constructive dismissal, €14,378.54 for unpaid wages and €6,163 for accrued annual leave, including €3,000 for a rights breach. The total award was €68,541.54.

2024-01-24 · Kerry

Fund seeks orders requiring alleged trespassers to vacate Kerry home

A financial fund, Mars Capital Finance Ireland Designated Activity Company, has applied to the High Court for an injunction to order several alleged trespassers to vacate a property at Rosehill Avenue, Firies, Co Kerry. The fund claims that in September last year attempts to take possession of the property were thwarted by the presence of several known and unknown individuals, including defendants Martina Moriarty, Sinead O'Connor, Brian McCarthy, Colman McCarthy, Donal O'Sullivan and others. Ms O'Connor, the only defendant to appear, maintains she has a valid tenancy and disputes all claims. Mars seeks a swift determination, arguing that Ms O'Connor's separate proceedings are intended to delay the injunction. The judge has set a timetable for document exchange and will hear the case again early next month. The property was subject to a 2007 mortgage, possession proceedings were initiated in 2016, and a possession order was granted in 2018.

2024-01-24 · Limerick

Couple settles action over attempt by local council to acquire part of their lands

In a High Court case, Judith Dixon and Liam McLoughlin of The Station House, Curraghbeg, Adare, Co Limerick, challenged a notice from Limerick City and County Council that the council intended to acquire part of their property at Blackabbey, Adare, under the 2007 Water Services Act. The couple argued that the council's action was unconstitutional because the Minister for Housing had not commenced the section of the Act that would allow an appeal against such acquisitions, thereby denying them a constitutional right to appeal. They sought orders to quash the council's notice and declarations that the notice breached their constitutional rights. The case was settled, with the council agreeing to quash the notice and pay the couple's legal costs. The settlement was confirmed by Ms Justice Niamh Hyland, and the case was struck out.

2024-01-24 · Dublin

Car salesman fired after running into boss on 'unauthorised' sun holiday wins €12.5k

Gary Maloney, a used‑car salesman, was dismissed by Bill Griffin Motors after he went on a holiday in Albufeira, Portugal, during a week when the company's directors were attending a family wedding. Maloney had requested annual leave for the week of 10 October 2022, but the sales director, David Griffin, denied the request, insisting the sales team be present. Maloney travelled to Albufeira, where he met the directors at a bar and took a selfie with them, which was circulated among staff. When he returned to the dealership, he was confronted by senior sales executive David Fleming, who questioned his whereabouts and told him to leave. Maloney claimed he was told to leave the premises and that the employer would contact him. The Workplace Relations Commission found no evidence of a disciplinary process and ruled the dismissal unfair, awarding Maloney €12,500 in compensation for his financial loss of €19,026.

2024-01-24 · Dublin

Luas worker wasn't penalised for reporting alleged racist comments by security manager, WRC finds

A Luas employee, Matthew Cullen, claimed that a security manager said he would not hire black or Indian staff. The Workplace Relations Commission ruled that Cullen's report was a protected disclosure, but he was not penalised for it. Cullen also alleged that his safety concerns about staffing levels and equipment were ignored, and that he was dismissed after refusing to check tickets. The commission found no evidence of penalisation for his safety complaints and dismissed his statutory complaints. The commission accepted that Cullen's allegations of discriminatory recruitment were a protected disclosure, but found no proof that the manager had hiring authority. The decision concluded that Cullen was not sent home because of his refusal to work, and that the company had no evidence of unlawful hiring practices. The case was closed with no further findings.

2024-01-22 · Cavan

Contempt of court action against Gemma O'Doherty adjourned

A contempt of court application against Gemma O'Doherty has been adjourned to February 12th following a hearing in the High Court. The motion, brought by Edel Campbell from Kingscourt, County Cavan, seeks Ms O'Doherty's attachment and possible committal to prison for alleged breach of court orders restraining her from harassing Ms Campbell and from publishing images of Ms Campbell's late son. Ms O'Doherty was not present at Monday's hearing, having reportedly left the jurisdiction. Her solicitors formally withdrew from representing her in the proceedings. The underlying dispute concerns the alleged unauthorised publication of an image of Ms Campbell's son in media controlled by Ms O'Doherty, which the plaintiff claims caused her emotional harm. Ms O'Doherty denies all allegations and intends to contest the contempt claim fully.

2024-01-22 · Down

'Entirely blameless' employee ousted in old folks Covid 'mutiny' gets €10k

Cathy Moore, superintendent at the Charles Sheils housing complex for older people in Killough, Co Down, was dismissed in September 2021 after a wave of complaints from residents who opposed Covid‑19 lockdown measures she enforced. An independent investigator found no basis for the complaints, yet the charity's governors re‑opened an investigation and terminated her employment, a process the Workplace Relations Commission (WRC) described as flawed and contrary to natural justice. The WRC held that Moore was "entirely blameless" and awarded her €10,000 compensation under the Unfair Dismissals Act 1977. The tribunal noted that the dismissal was akin to a mutiny, with residents resisting her authority and the charity yielding to group pressure. Moore had served since 2013, received a €4,658 allowance and tied accommodation, and was forced to relocate to Dublin after her dismissal. The case confirmed her legal domicile in Ireland, giving the WRC jurisdiction to adjudicate.

2024-01-17 · Wicklow

Appointment of provisional liquidators to pre-paid card firm may lead to 'considerable unease', High Court told

In a High Court hearing on 17 January 2024, Mr Justice Mark Sanfey appointed Kieran Wallace and Andrew O'Leary of Interpath Advisory Ireland as joint provisional liquidators for PCSIL, a prepaid card firm owned by the Australian fintech group EML. The court was told that PCSIL, which holds €516 million of segregated customer funds and issues 2.4 million prepaid cards, is currently solvent but loss‑making, having lost €7.3 million in 2022 and expecting further losses in 2023 and the current year. The firm's business model was deemed no longer commercially viable, and its parent had decided that further investment was not justified. PCSIL had faced compliance issues with the Central Bank of Ireland, including anti‑money‑laundering concerns, leading to regulatory restrictions. The court noted that appointing liquidators would allow professional communication with customers and employees, and that the Central Bank was not objecting to the application. The matter was adjourned to a date next month.

2024-01-16 · Ireland

Biotech CEO denies manager had 'target on her back' after gender pay complaint

On the last day of her Employment Equality Act complaint before the Workplace Relations Commission, Tracey McGann's solicitor said the complaint was the "genesis point" for events that led to her constructive dismissal in January 2023. McGann alleged she received only a 5.6% pay rise, compared with a 12.8% rise for the lowest‑paid male colleague, and that she was treated "like a waitress" when CEO Eric Rhodes asked her to get wine for a company dinner in October 2022. She also claimed the company sought to replace her after she requested part‑time hours in May 2022. Rhodes denied the allegations, stating he was "the voice‑piece for the board" and that the decision to hire a vice‑president was a business choice. The company denies all statutory complaints and says McGann resigned for a better job. The adjudicator is reviewing the case.

2024-01-16 · Donegal

Liquidator says Edenmore Meats directors should be made personally liable for €2.7m debts

The liquidator of Edenmore Meats Limited has applied to the High Court seeking orders to hold three former directors personally liable for company debts of approximately €2.7m. The application was heard before Mr Justice Oisin Quinn in the High Court on Tuesday. Official liquidator John Healy claims that directors Donal Gallagher and Richard Burke, along with Robert Daly who departed in 2017 but remained as company secretary, operated the meat processing facility in Lifford, County Donegal recklessly whilst it was insolvent. Email correspondence presented to the court referenced the firm's financial difficulties. The company ceased trading in 2016. Over one hundred farmers and businesses, owed approximately €1.5m collectively, are among creditors. The defendants deny all allegations of wrongdoing, contending they acted responsibly and honourably throughout, and claim the business was already troubled upon their involvement. They also allege the facility's unlawful occupation in October 2016 prevented rescue efforts. The hearing is expected to continue for several weeks.

2024-01-16 · Kerry

Provisional liquidators appointed to Glenbeigh Construction

The High Court has appointed Mr Dessie Morrow and Mr Diarmaid Guthrie of Azets Ireland as joint provisional liquidators for Glenbeigh Construction Limited, a building company with 33 direct employees and many subcontractors. The firm is currently working on projects at Dublin Airport, two prisons, and a 100‑plus apartment development in South Dublin. It has six active projects, including a €36m contract at Dundrum Town Centre and works at Arbour Hill and Mountjoy Prisons, Terminal One at Dublin Airport, Northbank House, and Clarehaven & Seanchara Nursing Home. Glenbeigh has become insolvent after significant losses caused by Covid‑19‑related delays and rising labour and material costs, making several fixed‑price contracts loss‑making. The company had planned a €13m project in Killiney, expecting a €1m profit, but now anticipates a €1.2m loss. The liquidators are tasked with securing assets and ensuring an orderly winding up for creditors and employees. The case was adjourned to February.

2024-01-15 · Cork

Dave Fanning sues Microsoft over news story wrongly linking him to trial

Broadcaster Dave Fanning has begun defamation proceedings against Microsoft's news service and a Hong Kong website after his picture appeared in an article that wrongly claimed he faced trial for alleged sexual misconduct with a child under 12. The article, titled "Prominent Irish Broadcaster faces trial over alleged sexual misconduct," was published by BNN on 11 October and also appeared on Microsoft's News Service MSN. Fanning, who was not involved in the trial— which concerned another broadcaster later acquitted— argues the piece made false and damaging statements, portraying him as a criminal and paedophile. The article was removed the day after publication. Fanning seeks damages and has obtained High Court permission to serve the action on BNN, Microsoft Operations Ireland Ltd, and Microsoft Corporation. The court has adjourned part of the application to clarify whether the article was published outside Ireland or in jurisdictions controlled by Microsoft's U.S. parent. The case is currently at the High Court hearing stage.

2024-01-15 · Dublin

Senior X employee launches defamation action against Elon Musk

Aaron Rodericks, a senior X employee and co‑lead of Threat Disruption, has filed defamation proceedings in the Irish High Court against Elon Musk and X's Irish subsidiary. He alleges Musk's tweet on 27 September, responding to a media story about X cutting half of its Election Integrity team, defamed him by implying he was undermining election integrity, acting unlawfully, and being incompetent. Rodericks claims the tweet, seen by 2.3 million users, damaged his reputation and good name. He seeks exemplary and aggravated damages. The court granted permission for the summons to be served on Musk at X Corp's San Francisco office, as Musk resides outside the jurisdiction. Rodericks also wrote to Musk and the subsidiary asking for the tweet's removal and an offer of amends, but received no response. He is also pursuing a separate case over a disciplinary process he says was a sham, following a temporary injunction that halted further disciplinary steps.

2024-01-15 · Dublin

The Viper drops case over presence of media during CAB search at home

A privacy claim by Martin Foley and Sonya Foley, alongside applicant Sonya Doyle, has been struck out by the High Court. The applicants, who initiated proceedings in 2015, alleged that the defendants breached their privacy rights during a Criminal Assets Bureau search of their home in Crumlin on October 15, 2014. They claimed that the then-Dublin City Sheriff, James Barry, the Garda Commissioner, the Minister for Justice, Ireland, and the Attorney General disclosed confidential operational details to media personnel present at the scene. The applicants sought damages for alleged breaches of constitutional privacy, data protection, and European Convention on Human Rights rights, as well as negligence. The claims were fully denied by the respondents. Mr Barry, who retired in 2018, brought a pre-trial motion to dismiss the action on grounds of inordinate and inexcusable delay, arguing he was prejudiced by the lack of progress over several years. When the matter came before Mr Justice David Nolan, counsel for the applicants indicated they were not contesting the application. The court agreed with the motion, ordering that the actions against all respondents be struck out due to the delay.

2024-01-12 · Tipperary

Challenge to credibility of report citing historic house as fire hazard

In a High Court case in Co. Tipperary, Mr. Joshua Wilson, owner of Marlfield House, seeks an injunction to remove trespassers from his historic Palladian mansion. Wilson argues the property is a fire‑safety hazard and must be vacated for renovation. He has presented a consultant's report claiming the building is unsafe, but the report's credibility is challenged by defendants Stephen Ghizdavu and Patrick Fogarty, who claim valid tenancy agreements. Mr. Ghizdavu's barrister, John Madden, disputes the safety allegations, and a sworn statement suggests the report's author may be the same person previously convicted for misrepresenting himself as an architect and building surveyor. Judge Brian Cregan adjourned the matter to later this month, ordering a timetable for document exchange and considering involving Tipperary County Council for a new fire‑safety inspection. Wilson, who bought the house in October 2023, maintains that no valid tenancy could exist under the 2007 mortgage clause and has never accepted rent from the occupants.