Mullingar Salesroom Limited, along with joint property owners Michael Lynn and Eileen Lynn, launched High Court proceedings to prevent a receiver from selling their premises at Lynn Industrial Estate in Mullingar, Co Westmeath. The applicants, represented by Gerard Martin Byrne BL, sought to block an online auction initiated by Promontoria (Oyster) Designated Activity Company and receiver Tom O'Brien of Mazars Ireland. The company, which has operated from the site for over 20 years, claims the property is subject to a 35-year lease agreement entered into in 2015. Mr Lynn, a director of the company, alleged that while he fell behind on loan repayments following a 2011 bereavement and economic downturn, Promontoria accepted rent payments between 2017 and 2020. The applicants contend that the receiver does not hold a power of sale and that the property was incorrectly advertised as occupied under unknown terms. They also claimed an attempt was made in March to forcibly take possession. The High Court initially granted a temporary injunction restraining the defendants from selling the property. When the matter was mentioned before Mr Justice Mark Sanfey on Wednesday, the court was informed that by agreement, the injunction could be replaced with an undertaking in the same terms offered by the defendants. The applicants also seek declarations confirming the company's status as a lawful tenant and the Lynns as lawful landlords. The matter was adjourned to a date next month.
Paul Farrell, 37, a former Revenue worker, was arrested after Gardaí searched his home on 7 July and seized vacuum‑sealed cannabis worth €104,572, along with scales and bagging material. He admitted owning the drugs, claiming he held them to pay a €6,000 cocaine debt that had cost him up to €200 a week and led to his job loss. Farrell pleaded guilty, stating he was not a major player and had been forced into the trade. He has 19 minor convictions, all traffic offences, and has no criminal background. The court heard character references describing him as a caring volunteer coach at Crumlin Boxing Club and a dedicated family man. He expressed remorse, citing a relative's death as a turning point, and the judge ordered him to undergo regular urine analysis until the case is finalized on 5 March.
In the High Court, a dispute between developer Greg Kavanagh and his brother Hugh Kavanagh, along with Simlur Ltd, was adjourned for two weeks to allow the plaintiffs to consider Greg Kavanagh's reply. The case, originally filed in 2020 over alleged attempts to remove Hugh as a director of 19 companies, was settled in May 2020. However, the plaintiffs recently sought to re-enter the action, alleging that Greg Kavanagh and associated companies, including Structured Marshalled Investments Ltd, breached the settlement agreement by stripping assets and making unsanctioned payments. Greg Kavanagh, represented by Martin Hayden SC of Eversheds Sutherland, rejected these claims as "outrageous," "malicious," and "ill-founded," arguing he was not properly served with the motion documents. He sought to have the proceedings struck out and requested a swift hearing, noting the reputational damage caused by the media coverage of the attachment and committal applications. The plaintiffs, represented by Paul McGarry SC, sought declarations of breach and orders restraining the creation of new security over shares without 14 days' notice. Mr Justice Sanfey acknowledged the seriousness of the allegations and the parties' desire for a quick resolution but warned that he could not guarantee a hearing before the end of the current legal term due to a full chancery division diary. The matter was adjourned for two weeks to allow the plaintiffs to review the defendant's reply.
In November 2023, the joint liquidators of GTLK Europe DAC and GTLK Europe Capital DAC, two Irish subsidiaries of Russia's State‑owned leasing firm GTLK, filed High Court proceedings to stop the parent company, Joint Stock Company State Transport Leasing Company, from claiming ownership of 37 aircraft. The liquidators, represented by Stephen Byrne BL, argue that the parent's claim is based on pledge agreements signed in March 2022, before EU sanctions were imposed. They contend the agreements were intended to secure loans from the parent to GTLK Europe between 2017 and 2022, and that the parent seeks to enforce them to seize the aircraft under Russian law. The liquidators seek orders to set aside the pledge agreements, declare them void under Irish law, and affirm that the liquidators retain title to the aircraft. The case is set to return to the High Court next week.
A High Court judge, Ms Justice Niamh Hyland, has ordered that a judicial review challenge by Mr Thomas S White against An Bord Pleanala's permission for 42 assisted living and medical support units at Hardman's Gardens, Drogheda, be heard promptly. White, a retired auctioneer and landowner adjacent to the proposed site, argues the board's decision is flawed because it would effectively sterilise his property by denying vehicular access and providing only inadequate pedestrian access. He claims the board's inspector misrepresented vehicular access in its report and failed to assess the impact on surrounding landowners. White also alleges the planning application was not evaluated under EU directives on habitats and environmental impact assessments. The judge has set a timetable for document exchange and requires the matter to return to court within two weeks for a hearing. The case remains an ongoing judicial review.
Meta Platforms Ireland Ltd, the Irish subsidiary of the US social‑media giant, has filed a High Court challenge against a proposed immediate ban that would stop its Facebook and Instagram platforms from processing personal data for behavioural advertising. The challenge follows an enforcement notice issued by the Data Protection Commission (DPC) on 14 November, giving Meta seven days to cease such processing. The DPC warned that non‑compliance would be a criminal offence and could lead to fines. Meta argues that the notice is vague, unclear about compliance requirements, and breaches its legitimate expectation of a fair hearing. It also contends that the notice renders parts of the 2018 Data Protection Act unconstitutional. The court, after granting permission for the judicial review, has offered a short interim stay on the enforcement notice pending further proceedings. The case will return to the court later in the week.
In November 2023, a massage‑parlour worker who was dismissed after refusing to provide sexual services to her male boss was awarded €91,000 in compensation for whistleblower penalisation under the Protected Disclosures Act 2014. The tribunal found that the worker's contract was for massage therapy only and that her refusal to comply with her bosses' sexual demands constituted penalisation. The award represented five years' pay, the maximum allowed. Additional employment‑law breaches were also recognised, giving the worker a total compensation package of €102,550. The case highlighted that the worker, a non‑EU national who did not speak English as a first language, was treated as exceptionally vulnerable. The massage parlour was ordered to pay the lump sum, but the employer was not named in the decision.
In November 2023 the High Court heard a renewed dispute between brothers Greg and Hugh Kavanagh over a settlement agreement reached in 2020. Hugh, represented by Paul McGarry SC, alleged that Greg had breached the 2020 agreement by failing to comply with its terms and by engaging in "asset stripping" and payments from the group's companies. Hugh also claimed that Greg had attempted to remove him as director of 19 of the 20 companies in the group, including Structured Marshalled Investments Ltd (SMIL), New Generation Homes Ltd and Isotonic Hotel Ltd, while he remained director of Bezzu Corporation Ltd. Hugh sought orders declaring the breach, contempt of court, and imprisonment for the defendants, and an order restraining new security or share transactions without 14‑day notice. Mr Justice Mark Sanfey granted Hugh ex‑parte permission to serve short notice on the defendants, and the case was scheduled to return next week.
The High Court granted a temporary injunction to RAS Medical Ltd, a Dublin‑registered cosmetic surgery practice, after it alleged that Create for the Web Limited, trading as Ireland Website Design, had failed to preserve important data, including medical information, relating to RAS Medical's websites. RAS Medical claimed that a falling out over an alleged secret recording of a Zoom call between director Dr Ahmed Salman and a representative of the website company led to the defendant's failure to retain data. The court, hearing the case ex‑parte, ordered the defendant to preserve data held by it in respect of RAS Medical's website. RAS Medical seeks further orders to compel compliance with the Data Protection Act and damages for alleged unlawful processing and dissemination of personal data. The matter will return before the court next week.
William Ye, a Chinese takeaway delivery driver, was dismissed without notice by the Emerald Court Chinese Restaurant in Ranelagh, Dublin 6, after he had been asking for a pay rise for over a year. Ye, who worked from January 2020 until March 2023, earned €5 an hour and received no petrol allowance, relying on tips to supplement his income. He had no contract, employee handbook or payslips. On 24 March 2023, the owner, Huiru Zhu, texted him that she had found a replacement and that he was no longer employed. Ye brought an unfair dismissal claim under the Unfair Dismissals Act 1977. The tribunal found the dismissal was unfair, likely linked to his persistence in requesting a pay increase, and awarded him €1,500 in compensation based on four weeks' pay at the national minimum wage of €11.30 an hour. The decision was published on 15 November 2023.
In a High Court hearing on 14 November 2023, Justice Eileen Roberts appointed Joseph Walsh of JW Accountants as interim examiner to a group of restaurant companies linked to the award‑winning Cornstore Restaurants and Coqbull outlets in Cork and Limerick. The companies—Keep it Real Holdings DAC, Rosewalk Ltd, Coal Quay Restaurants Ltd, Winstore Restaurants Ltd, Burgerchick Cork Ltd, Burgerchick Limerick Ltd and Burgerchick Castletroy Ltd—were found insolvent and unable to meet a €26.74 million debt owed to the Sweden‑based Proventus Capital Partners III KB fund. The court noted that the difficulties stemmed from the poor performance of related UK‑based group companies, which had been hit hard by Covid‑19 and had failed to service the debt since December 2022.
David Gibney, a press officer for the trade union Mandate, has filed a legal claim against his employer alleging penalisation and unlawful wage deductions. He accuses Mandate of breaching the Protected Disclosures Act 2014, the Employees (Provision of Information and Consultation) Act 2014, and the Payment of Wages Act 1994. Mandate argues that Gibney lacks legal standing and that the claims are out of time, citing missed statutory deadlines. The Workplace Relations Commission held a preliminary hearing focused on case management, with counsel for Mandate, Tiernan Lowey BL, stating that the tribunal could address preliminary objections without an oral hearing on legal points. The adjudicator, Jim Dolan, granted each side six weeks to submit written arguments and adjourned the case. Gibney was not present at the hearing, which was attended by Mandate's acting general secretary Jonathan Hogan and former secretary Gerry Light.
In a High Court hearing in Dublin, Dana Kavanagh, 48, sued pop star Rihanna—identified as Robyn Fenty—over alleged malicious falsehoods in an email and a phone call. Kavanagh claimed mental distress and emotional suffering after a July 2013 email supposedly naming her partner Geoffrey Keating, who had been Rihanna's head of security, and a phone call to her sister‑in‑law. She alleged that these statements destroyed her business, Geoff Keating Media. Rihanna, absent from court, denied the allegations. Kavanagh's counsel informed Justice Leonie Reynolds that the parties had settled, allowing the case to be struck out with costs awarded to the plaintiff. No settlement details were disclosed. The case was therefore resolved without proceeding to trial, and no further legal action was taken by either party in this matter.
The High Court approved a Personal Insolvency Arrangement for 54‑year‑old Dermot King of Bishopscourt, Straffan, allowing him to write off over €16 million of unsecured debt owed to Everyday Finance DAC. King, who had been self‑employed trading as DMK Property Limited from 2004 to 2017, owed the fund €17.2 million. Under the arrangement, he will keep his €1.5 million family home, continue mortgage repayments for 25 years, and sell his interests in an investment property in Rosslare, part of the land on which his home sits, and an investment property in Athy to reduce the debt. He will make a €23 000 payment, of which €13 000 will go toward the unsecured debt. The PIA, lasting 12 months, was prepared by Personal Insolvency Practitioner John McCormack and approved by Mr Justice Alexander Owens after counsel noted no opposition and that creditors would fare better than under bankruptcy.
In a High Court hearing on 13 November 2023, the court refused to grant a 12‑month stay on an injunction that required Stateline Freight Limited to stop storing shipping containers on land owned by Tesco Ireland Limited at Compass Distribution Park, Santry. Stateline had argued that an immediate cessation would cause a catastrophic economic impact on freight businesses and that it needed time to secure alternative sites and planning permission. The judge, Mr Justice Garrett Simons, found no discretionary basis for a stay, citing the lack of planning permission and the deliberate nature of the breach. He gave Stateline six weeks to remove the containers and noted that any temporary planning permission would be a matter for the planning authorities, not the court. The decision will be revisited later in the month.
In a discrimination claim, the Workplace Relations Commission ruled that the National Women's Council of Ireland (NWCI) was entitled to refuse admission to Sarah Holmes and four other protestors at its 2022 AGM. The NWCI cited a "potentially explosive situation" after a press release from the activist group 'The Countess' threatened a transgender board member. The council had warned the hotel, rearranged registration, and escorted a TD and the board member. Witnesses reported that protestors, including Holmes, were vocal and that the council's risk mitigation measures were necessary. Holmes claimed the refusal was religious discrimination, but the tribunal found no discrimination and upheld the council's decision to bar the group. The case was heard behind closed doors, with the tribunal's findings made public.
The Commercial Court heard that several legal actions over the collapse of German property firm Dolphin Trust have been resolved. No settlement details were disclosed. Dolphin, founded by Charles Smethurst, had raised €650m‑€1bn from investors in the UK, Russia, South Korea, France and Ireland, investing in listed German buildings. Dolphin MUT 116 and MUT 103 were the Irish investment vehicles for pension and individual investors. Liquidators Shane McCarthy, Ian Barrett (MUT 116) and Myles Kirby (MUT 103) had alleged misrepresentations and breaches by parties linked to Dolphin. John Lavelle BL informed the court that his clients had settled actions against several defendants. Proceedings against the estate of the late Paul Dunne were struck out; cases against Wealth Options Trust, Wealth Options Capital, Brian Flynn and Eanna McCloskey were adjourned with a possibility of re‑entry. Actions against Charles Smethurst remain live and will be addressed later this year.
In a High Court decision on 10 November 2023, Mr Justice Mark Sanfey quashed a decision by the Commission for the Regulation of Utilities that renewable energy companies should not receive compensation when instructed to shut down wind farms due to grid limitations. The case was brought by Energia Group Holdings and its subsidiaries together with GR Wind Farms and its subsidiaries, who argued that the Commission had no authority to make the decision and that it had failed to apply the EU Regulation on compensation for energy‑generating companies. The judge found the Commission's decision fundamentally flawed, irrational, and lacking adequate reasons, and ordered that the decision be set aside. He also directed the parties to consider his judgment before any further orders are made, and noted that the matter would return to the Court later in the month. The case involved Eirgrid Plc as a notice party.
A Workplace Relations Commission adjudicator ordered a hotel to pay €5,000 compensation to a Brazilian waiter for racial harassment under the Employment Equality Act 1998. The waiter alleged that after reporting a supervisor's positive Covid-19 test in November 2021, the hotel's chef verbally attacked him, followed him through the premises, and told him to "go back to Brazil." The adjudicator, Orla Jones, found that CCTV footage supported the waiter's account, noting that a colleague attempted to hold back the chef. She rejected the hotel's claim that the video did not support the complainant's version, stating the waiter appeared genuine and consistent, while the chef did not attend and his absence was unexplained. The adjudicator concluded the waiter was subjected to harassment connected to his race. She also found significant deficiencies in the hotel's investigation, including the failure to examine all relevant CCTV and the lack of a proper procedure for workplace equality complaints. Consequently, the employer could not prove it took reasonably practicable steps to prevent the harassment. The €5,000 award was deemed just and equitable. Identities were redacted due to overlap with a separate Industrial Relations Act 1967 complaint requiring private hearings.
Mr Justice David Nolan adjourned High Court proceedings for one week, directing Children's Health Ireland (CHI) to provide outstanding medical records for a young girl with Spina Bifida or explain why they cannot. The girl's family, represented by John Healy SC and Michael Devitt BL, alleged she underwent 'inappropriate' spinal surgery at Temple Street Hospitals, resulting in serious post-operative complications and a split spine. They sought an injunction to compel CHI to release all remaining documentation, including X-ray scans and internal medical reviews, to allow independent expert assessment. CHI, represented by Oonah McCrann SC and Rory White BL, stated it had already provided over 6,600 documents and would supply any additional material if it exists. The judge declined to make formal orders at this stage, noting CHI's assurance that it would furnish the remaining pieces. He emphasized the court's primary concern for the child's welfare and the need to restore trust between the parties. The matter was adjourned to allow CHI to either provide the requested material or give a full explanation to the court regarding any withheld documents. The girl is one of 19 children subject to a report on spinal surgeries at Temple Street.
The High Court approved a Personal Insolvency Arrangement (PIA) for 60‑year‑old Patrick Reilly, a company director, allowing him to write off more than €3 million of debt owed to financial institutions and retain his family home in Dublin for a payment of just over €8 000. Under the 24‑month scheme, Reilly will sell two Dublin properties and one in Mountrath, Co. Laois, and will restructure and extend the mortgage on his family home at Clanree Road, Donnycarney. He will also pay a total of just over €8 000 toward his unsecured debts. The PIA will give unsecured creditors a dividend of 0.07 % of what they are owed. No objections were raised, and Mr Justice Alexander Owens deemed the arrangement just and equitable, noting that it will return Reilly to solvency upon completion.
In a decision by the Workplace Relations Commission, landlord Maura Keegan was ordered to pay €12,000 to Magdalena Urban after refusing to accept a housing assistance payment (HAP) for an apartment lease in Trim, Co Meath. Urban, who had been offered a lease on Patrick Street on 10 January, was told by Keegan that her company would not pursue the HAP route. Keegan later claimed a gas issue prevented the apartment from being let. Urban's complaint of discrimination under the Equal Status Act 2000 was upheld, with the tribunal awarding 80% of the maximum compensation. Keegan's failure to appear at the hearing and her blocking of Urban on a messenger app were cited as evidence of discriminatory conduct. The award reflects the impact on Urban and her child, who were forced into emergency accommodation and lost a school place.
In a High Court decision on 3 November 2023, Justice Siobhan Phelan refused to enforce a 2013 order that would have required members of the O'Reilly family to remove unauthorised mobile homes, caravans and animals from the Railway Cottages site in Powerstown, Clonmel. The judge held that the order did not provide a proportional interference with the families' rights and that it failed to safeguard against removal from a site where a patently unsuitable accommodation offer had been made. She noted that the council had not attempted to provide traveller‑specific accommodation and that keeping animals is integral to Traveller identity. The judge acknowledged that the council had carried out significant works since 2013, including sanitation improvements and removal of 31 unauthorised structures, but found that the 2021 claim of overcrowding and new animals was insufficient to justify enforcement. The case will be heard again at a later date.
The High Court has granted protective orders to Bio Marine Ingredients Ireland Ltd, marking the first time such relief has been awarded to a company undergoing the Small Company Administrative Rescue Process. Justice Michael Quinn made the orders on Wednesday, preventing creditors from pursuing legal proceedings against the Castleblayney-based marine bio-tech firm while it develops a rescue plan. The company, which employs eight staff at Lough Egish, faces claims exceeding €400,000 from creditors including its landlord Americold Ltd, Bord Gás, and various service providers. The court heard the firm's insolvency advisor found reasonable prospects of survival as a going concern. The dispute with the landlord over alleged lease forfeiture was set aside for separate determination. The company has secured additional investment through Rolling Wave to cover operational costs during the rescue period and expects increased sales from new customers.
A senior employee at a spiritual centre dedicated to the late Fr Patrick Peyton has obtained a temporary High Court injunction preventing his employer from appointing a replacement to assume his duties. Padraic Walsh, who claims to be National Director of the Father Patrick Peyton CFC Memorial Company Ltd facility at Attymass outside Ballina in County Mayo, argues that the proposed appointment breaches his contract and damages his reputation. Mr Justice David Nolan granted the interim injunction on an ex-parte basis on Tuesday, finding that Mr Walsh had raised a fair issue for trial and that damages would not adequately compensate him. The judge noted the temporary order would not impede the centre's operations. Mr Walsh has worked at the facility since 2016, with his position renewed in 2021. He claims that following his vindication from bullying allegations in 2022, his relationship with the employer deteriorated. In September, he was informed of plans to appoint an Executive Director to whom he would report directly. The matter returns to court next week.
Ireland's largest tobacco distributor, JTI (Ireland) Ltd, was ordered to pay €40,000 to former manager Caroline McGarry after a Workplace Relations Commission adjudicator found that the company had unfairly dismissed her. McGarry, who had worked for the firm for 13 years, claimed she was forced to resign because her stress‑related health issues were not adequately addressed. She had taken sick leave in 2021 following a GP recommendation for anti‑anxiety medication and a phased return to work. In April 2022, the company placed her on a performance improvement plan based on a review that had not been reassessed after her leave. McGarry's letter of 25 April 2022 was deemed a "cry for help," and the adjudicator noted that the company failed to respond properly to her grievances. The decision awarded her six months' pay as compensation for unfair dismissal.
An Environmental Protection group, Wild Ireland Defence CLG, has lodged a High Court judicial review challenge against Galway County Council's decision to extend planning permission for a proposed expansion of Rossaveel Harbour in the Connemara Gaeltacht. The challenge, brought by the Cork‑based organisation, concerns the environmental impact of a deep‑water quay that would provide 200 metres of berthing frontage, low concrete sea walls, an access road, lighting, drainage and protective structures. The original permission, granted to the Department of Agriculture, Food and the Marine, expired in July 2023 and was reportedly extended on 10 July following an application by the Minister. Wild Ireland Defence argues that the council failed to properly assess the development under EU directives on Habitats, Water Frameworks and Environmental Impact Assessment, and that it gave no adequate reasons for the extension. The case, represented by Evan O'Donnell BL of Harrington & Co, seeks orders including a quashing of the extension.
The Workplace Relations Commission ruled that a Health Service Executive (HSE) worker, Shane Ryan, who had been absent from work for over two years while still receiving full pay, was ultimately deemed absent without leave. Ryan had claimed a nervous breakdown and inability to attend occupational health appointments, but the tribunal found he had repudiated his contract by refusing to engage with management. The HSE had attempted to reassign him to pest control and other duties, but Ryan declined offers, citing the roles as not comparable. After repeated attempts to get him back to work, his pay was stopped in January 2022 and his employment terminated in June 2022. The tribunal rejected most of Ryan's employment law complaints, upheld a claim for unpaid public holiday entitlements, and awarded €1,200 in compensation. The decision highlighted a "seismic omission" by HSE management and the phenomenon of "quiet quitting.".
In a preliminary application before Mr Justice Mark Sanfey at the High Court, an American woman, referred to as Jane Doe, sought permission to proceed under a pseudonym in a damages action against entities within the AYLO group, formerly MindGeek. The applicant alleges that she was drugged and raped as a minor, with recordings of the abuse subsequently uploaded to adult video sharing sites, including Pornhub, owned by the defendants. She claims these videos were distributed in violation of US laws and seeks parallel proceedings in Ireland, alleging that Irish entities hold substantial assets. The defendants, including AYLO Billing Limited and Mirmay Limited, deny all allegations of wrongdoing. The applicant seeks aggravated and exemplary damages for alleged breaches of duty, GDPR, conspiracy, and privacy rights, along with orders to remove the images, identify uploaders, and preserve Irish assets below US$630m pending the outcome of actions in Ireland and the US. Counsel Jarlath Ryan BL argued that the applicant's safety and life were at risk if her identity were publicized, and that she would face stigmatisation. Mr Justice Sanfey acknowledged the unusual circumstances and the court's inherent jurisdiction to grant anonymity, ruling that the defendants would not be prejudiced. The court granted the order, allowing the applicant to bring her proceedings under the pseudonym Jane Doe.
In a National Minimum Wage Act 2000 case, the trawler operator D&N Kirwan Ltd was ordered to pay €2,801.40 to migrant fisherman Alaa Shehata for failing to pay him the minimum wage. Shehata claimed he worked between 17 and 20 hours a day while at sea, barely having time to eat, and that the company's timesheets understated his hours. The company denied this, asserting the records were accurate and that the crew were not pressured to sign them. A skipper testified that crew members filled in their hours before he signed off, and that the crew never worked 17 hours a day. The adjudicator, Roger McGrath, found the complainant's evidence more credible than the company's, noted the company's failure to provide a statement of Shehata's hourly rate, and upheld the complaint, ordering the wage arrears.
Former 2FM DJ Nikki Hayes, aged 44 and real name Eimear Black O'Keeffe, was found guilty of possessing €15,000 as proceeds of crime in a Permanent TSB account on 5 November 2020, with two further counts of €2,600 and €2,400 on 6 November 2020. The money was transferred to her account after a victim received a text from a fraudulent source and followed a link, leading to withdrawals of €15,000 that were later moved to Revolut and via ATMs in Liffey Valley. The remaining funds were blocked and returned to the victim, leaving the bank a loss of about €2,000. O'Keeffe was in debt of €53,000, had six prior minor traffic convictions, and had struggled with mental health, including bipolar and borderline personality disorder, which her defence cited as vulnerability.
In a High Court hearing on 24 October 2023, Mr Simon Healy, a 25 % shareholder and former Executive Chairman of Navicorp Limited (trading as Navi Group), applied for a temporary injunction to prevent the company's directors and other shareholders from transferring his shares. He alleged that his dismissal in September 2023 was wrongful and that the defendants were acting oppressively to benefit Mr John Carroll, the 75 % shareholder and CEO of Navicorp. The company denied the claims, calling Healy a "bad leaver". After extensive negotiations, the parties reached an accommodation: the disputed meeting was postponed, a valuation of Healy's shares was to be undertaken, and the injunction application was to be rescheduled for 19 December. Mr Justice Mark Sanfey adjourned the case to that date, praising the parties' efforts to resolve the dispute.
In October 2023 the Workplace Relations Commission dismissed a disability discrimination claim brought by truck driver Edward Riordan against All‑Star Logistics Ltd. Riordan alleged that he was sacked after relieving his bowels in a warehouse loading bay due to an urgent diarrhoea episode linked to a peptic ulcer. The tribunal found insufficient evidence that the cramping and diarrhoea were caused by a peptic ulcer and that the stool discovered by a colleague was consistent with diarrhoea. Riordan admitted responsibility on CCTV and was dismissed for gross misconduct. The company also rejected an age discrimination claim, noting that any reduction in his hours had been agreed upon and that the final decision to assign him no shifts was related to the incident. The adjudicator concluded that the evidence did not establish a disability at the time of the loading‑bay event.
Three founders of a Longford-based start-up have brought discrimination complaints against Enterprise Ireland at the Workplace Relations Commission, alleging they were told by a funding panel representative that their venture "didn't have enough diversity" when seeking backing under the Competitive Start Fund. Mark Keenan, Michael O'Reilly and Robert Yorke, owners of sharing economy platform LendRB Ltd, are pursuing claims under the Employment Equality Act 1998 and the Equal Status Act 2000. At a preliminary hearing, Enterprise Ireland contested jurisdiction, arguing the matter had been previously ruled upon and that no employment relationship existed between the parties. The company also contended that only one founder's name appeared on the funding application form. The complainants maintained they experienced discrimination as individuals and that their relationship with Enterprise Ireland extended beyond a simple funding application. The case has a history before the tribunal, with an earlier complaint concerning the rejection of the funding application in May 2022.
TikTok secured High Court permission to challenge the Data Protection Commission's €345 million fine, which the platform claims is disproportionate and unlawful. The fine followed a 2021 investigation into TikTok's handling of personal data of users under 18, including age‑verification measures for those under 13. TikTok's Irish subsidiary, TikTok Technologies Limited, has launched judicial review proceedings seeking orders and declarations against the DPC, the state, and the Attorney General. The company argues that the DPC's findings are flawed, breach its rights to a fair hearing, and are unconstitutional. It also seeks declarations that sections of the 2018 Data Protection Act and the 2016 GDPR Regulation are incompatible with the Constitution, the EU Charter of Fundamental Rights, and the European Convention on Human Rights. The court granted TikTok leave to proceed and allowed a potential stay of the fine if necessary. The case is set for a December hearing.
The mother of a teenage boy with Autism Spectrum Disorder and a moderate intellectual disorder has filed a High Court judicial review to secure an appropriate school placement for her son. The boy, who has no sense of danger, has been aggressive and has tried to escape home, leading the HSE to place him in a residential setting because his parents could no longer manage his behaviour. While the residential care is effective, the mother argues it does not meet his educational needs. She has been unable to obtain a school place through the National Council for Special Education due to a lack of availability and the difficulty of finding staff trained to handle his challenging behaviours. She claims the Minister for Education and Skills, the NCSE, Ireland and the Attorney General have failed to uphold the boy's constitutional right to an adequate education.
In October 2023, Dublin City University (DCU) and developer Kinwest Ltd lodged judicial review actions in the High Court challenging the inclusion of their properties on the map of sites subject to the Residential Zoned Land Tax (RZLT). DCU, represented by Joe Jeffers SC, seeks to quash the board's decision to list two sites—Griffith Avenue, Glasnevin, and Albert College Park—arguing they are exempt because they are used for education, a provision in the Taxes Consolidation Act. Kinwest, represented by Martin Hayden SC, contests the board's upholding of Fingal County Council's rulings that it must pay the RZLT on three sites in Auburn, Streamstown, and Malahide. The developer also challenges the constitutionality of the Act's amendment and the ministerial guidelines, claiming they were made outside the minister's powers. Both parties' applications will return before the High Court in December, with DCU also seeking declarations that the board erred in law and made unreasonable decisions.
In a Central Criminal Court hearing, the children of Przemyslaw Klimczuk, aged ten and thirteen, said their father's death by a kitchen knife stabbing had forced them to confront a harsh reality of society. The court had earlier found David Bolger, 45, not guilty of murder but guilty of manslaughter for the May 1, 2020 incident at a shared house in Enniscorthy. Bolger, who had been drinking since 4 pm, stabbed Klimczuk after a fight with housemates. He denied the murder charge and claimed he was provoked. The children's statement, read by James B Dwyer SC, expressed that good memories of their father were fading and that they had learned to accept this terrible side of society. Bolger's defence presented an apology letter, acknowledging his remorse and the pain caused to the family. The case was scheduled for sentencing on October 31.
The family of a young girl who underwent spinal surgery at Temple Street Children's Hospital has initiated High Court proceedings to obtain all her medical records from Children's Health Ireland (CHI). The girl, one of 19 children involved in a report on Spina Bifida surgeries, was operated on last year despite a 50% risk of complications and death. The family claims the surgery was "botched" and "inappropriate," leading to serious post‑operative complications and a split spine that will require further procedures. They argue CHI delayed providing the full suite of records and have received only partial documentation. The court granted the family permission to serve notice of the injunction, and the case will return next week for further hearings. The family seeks an order for CHI to supply all management plans, risk assessments, and to appoint an independent expert to review the case.
Linda Finnegan, 51, of Stamullen, was found guilty of fraud under the Companies Act for withdrawing €35,601 from her family's Waldorf Barbers shop in Dublin. The shop, founded by her father Liam Finnegan, had been run successfully for many years, with Liam owning 75 % and Linda 25 %. After a falling out in 2016, Liam's share was bequeathed to two employees. Following Liam's death in February 2019, Linda withdrew €4,950 and €28,000 in March 2019 without permission, and later €2,651. Gardaí seized cash from her home and CCTV captured the withdrawals. The company was liquidated, but the employees continue trading under a new name. Linda has no prior convictions and has expressed remorse; the case was adjourned for sentencing to 2 November.
The High Court appointed Dessie Morrow and Dairmaid Guthrie of Azets Ireland as joint provisional liquidators for Climote Limited, a heating‑control firm with 20 employees. The appointment followed a failed Small Companies Administrative Rescue Process (SCARP) and an inability to agree on a rescue plan. Climote had been profitable until 2019 but became loss‑making due to Covid‑19 impacts, the removal of its 'Single Measure Solution' from the Energy Efficiency Obligations Scheme, and a €1.1 million loss in 2022. The company also owes significant debt to Revenue. The liquidators will preserve assets, maintain service for up to 100,000 remote heating controllers, and seek to sell the company's goodwill and assets, potentially to an identified investor, while ensuring continued maintenance until the assets are sold. The matter was adjourned to November.
A property developer was ordered by the Workplace Relations Commission to pay €35,000 to a medically vulnerable construction worker who was dismissed in August 2020 after taking sick leave during the Covid‑19 pandemic. The worker, described as an elderly gentleman with chronic obstructive pulmonary disease, had been on sick leave in May and June 2020 and received a two‑week notice of redundancy in July 2020. He claimed the dismissal was discriminatory under the Employment Equality Act 1998, arguing he was selected because of his age and ill health. The company denied any discrimination, citing that the worker was not required on site due to the development stage and that no formal redundancy consultation had taken place. The WRC found the evidence showed the dismissal closely followed his return to work and that the employer had not provided mitigation or alternative positions.
A multinational company was found by the Workplace Relations Commission to have subjected a new employee to discriminatory treatment. The employee was asked to provide a "drag queen name" on a questionnaire that was then circulated office‑wide. He later reported that his country manager made a series of offensive remarks about his sexuality, including comments about his father's reaction to his being gay, references to mascara, and a "bears" joke implying gay men. The manager also used the phrase "I'm back bitches" toward him and another colleague. An internal investigation described the language as inappropriate but not intended to offend or motivated by the employee's sexuality. The tribunal upheld the discrimination claim, rejected the constructive dismissal and victimisation claims, and ordered the company to pay €25,000 in compensation for the discriminatory conduct. The company's final written warning to the manager was deemed insufficient by the adjudicator.
A banking professional who worked at a Dublin pub for nearly three decades has alleged he was unfairly dismissed and denied a redundancy package because the pub owners did not want to pay him. Alan Ecock, who has worked for AIB since 1994, told the Workplace Relations Commission that his co-workers at the bank were unaware of his second job as a bar manager at Kavanaghs in Stoneybatter, where he started as a lounge boy in the late 1980s. His solicitor, Setanta Landers, claimed the pub owners' assertion that Ecock was self-employed was a 'parade of fiction.' Ecock stated he worked at the pub four nights a week throughout his college years after losing his father as a teenager and felt obliged to support his mother. He continued working there even after signing a full-time contract with AIB in 1994, reducing his hours to two nights a week when he married in 2013.
Mr Justice Oisin Quinn granted Dr Fiona Grant an interim injunction at the High Court, restraining Gradual Investments Limited from repossessing the medical clinic premises at The Village, Stepaside, Dublin 18. The case, involving Dr Grant and Tuesday Dr Grant as applicants, was adjourned to a date later this month. The dispute centres on alleged unpaid rent, interest, and service charges claimed by Gradual Investments, which acquired the unit in 2015. Dr Grant denies these claims, asserting that she has consistently paid rent in advance except for one instance in March 2020 during the pandemic. She contends that Gradual Investments is not entitled to forfeit the lease, which she entered into in 2009, particularly while her defence to a summary judgment application for over €140,000 remains pending. Counsel for Dr Grant argued that the landlord's issuance of forfeiture notices, with the latest set to take effect on October 18, was unjustified. The judge noted that Dr Grant had raised a serious question requiring trial and that maintaining the status quo was in the interest of her patients. Both parties were granted permission to return to court before the adjourned date if necessary.
The High Court has ordered Richmond Homes and Arkmount Construction to give the ESB the names of all employees who are alleged to have demanded cash payments for electrical works at housing developments. The court granted Norwich Pharmacal‑type orders, requiring the firms to disclose the names of every person who allegedly sought or received payments. The firms had already supplied the names of four employees, but the judge found clear proof of wrongdoing by others and said that disclosure of those names was "clearly necessary." The court also ordered the firms to provide the date and amount of the alleged payments. The ESB, represented by Marcus Dowling SC and Joe Jeffers SC, intends to pursue proceedings against the individuals named. The case will return to the court for final orders, including cost allocations, at a later date.
The Workplace Relations Commission ordered Layer Digital Solutions Ltd to pay former executive Paul Cunningham over €35,000 for unpaid wages and notice pay. Cunningham, representing himself, claimed he was owed two months' salary, a month's pay in lieu of notice, and holiday entitlements. His gross monthly pay was €10,416.67. The employer conceded a debt of €31,250.01 for the two months' salary and notice pay, plus €3,807.50 for holiday pay, totaling €35,057.51. The WRC adjudicator, Conor Stokes, noted that wages under the Payment of Wages Act include all emoluments, such as holiday pay and notice pay. Stokes found Cunningham's complaint well founded and directed Layer to pay the full amount, less any lawful deductions. The decision was published after a remote hearing in late October 2023.
In a pre-trial hearing, Mr Justice Rory Mulchay directed that a preliminary trial be held to determine the State's argument that an action brought by Independent Senator Gerard Craughwell is non-justiciable. Senator Craughwell alleges that an unapproved arrangement allows the Royal Air Force to intercept aircraft in Irish airspace, claiming this is unconstitutional and requires a referendum. The Government and State oppose the action, denying any improper conduct and arguing that courts cannot review matters of external security falling within executive powers. The judge accepted that the defendants' claim of non-justiciability should be heard by way of a preliminary trial, citing the sensitivity of the issues and the potential to resolve legal questions without trespassing on security matters. However, the court rejected the defendants' request to determine a second related issue regarding the review of external security proceedings, finding it lacked sufficient agreed facts. The judge noted that if the preliminary trial does not resolve the proceedings, the question of a modular trial may be revisited. The matter was adjourned to return before the judge at a later date for final orders.
In a decision published on 12 October 2023, the Workplace Relations Commission (WRC) found that a care service HR officer's letter to former employee Ann Doherty was "egregious" and "unfounded." The letter, sent on 27 October 2021 after Doherty's resignation, warned that if her discrimination claim was unsuccessful she would owe money to the employer. The WRC ruled that such a warning could not be relied upon and that the employer would never impose a financial liability on an unsuccessful complainant. The adjudicator, Marie Flynn, also rejected Doherty's constructive dismissal claim, stating it was not well founded. The decision noted that Doherty had previously been awarded €45,000 for a breach of the Employment Equality Act 1998 and that she had resigned before exhausting internal grievance procedures, a point defended by the employer's representative, Cáit Lynch of IBEC.
Niamh O'Brien, who worked part‑time for Innominato Ltd trading as The Head Lice Experts during her final year of college, brought a complaint to the Workplace Relations Commission after discovering that the hours recorded on her payslips were incorrect and that she was underpaid. She claimed €264.07 for the shortfall, €170 for denied breaks, €333.40 for unpaid annual leave upon termination, and €300 for notice pay. O'Brien had resigned on 10 October 2019, giving the required notice, and finished her last shift on 7 December 2019. The company had dissolved in August 2020 due to the Covid‑19 pandemic and declined to respond to the hearing. The adjudicating officer, Michael Ramsay, accepted O'Brien's evidence and ordered the firm to pay €1,067.47, a sum that includes all the amounts claimed. The decision was issued in September 2023, almost four years after O'Brien's initial complaint in November 2019.