In a High Court case brought by Sheelagh Conway against her estranged husband Frank Conway and John Harty, the parties sought to appoint a receiver to wind up the Peig Sayers Hotel Partnership, which owns the 29‑bedroom Riverhouse Hotel complex in Dublin's Temple Bar. Conway alleged that the partnership was mismanaged and that Conway had not acted in good faith. She requested the partnership be formally dissolved and its assets sold. Conway's claims were denied by Conway, while Harty was not represented. After out‑of‑court discussions, the parties agreed to resolve the matter. Judge Conor Dignam struck out the proceedings, allowing either side to re‑enter the action if necessary. No settlement details were disclosed in court. The case was concluded without any orders or declarations being granted.
An application to wind up GWD Forestry Ltd was adjourned after the company agreed not to hold a creditors meeting. The High Court will consider appointing Mr Declan de Lacey as provisional liquidator later this month. The court also authorised notice to over 400 investors who are creditors. Mr Franco Bertellino, represented by Robert O'Reilly BL, had sought Mr de Lacey's appointment due to concerns over the company's management and its attempts to enter voluntary liquidation in December, which he claimed were not in accordance with Irish law. The company's alleged mismanagement includes claims that its director, Mr Benjamin Taylor, was effectively a front for Mark Raynor, a convicted fraudster, and that the company falsely reported itself as dormant while raising about €30 million from investors. The matter will return on 20 February.
Jane Burton, the sole Irish sales executive for Knights of Old Group, claimed her LinkedIn account was accessed by a colleague without her consent while she was laid off. She argued that the company's decision to terminate her employment as redundant was unfair. The Workplace Relations Commission found that Burton had been placed in a "pool of one" for redundancy purposes, despite the firm's claim that her role was redundant. The commission noted that the company was still expanding its Irish business and that Burton should have been pooled with other business‑development staff. The tribunal concluded that the dismissal did not meet the required criteria for redundancy and ordered the firm to pay €7,000 in redress to Burton for her financial losses. The decision was based on evidence that the company was still developing business in Ireland and that Burton's role was essential to that effort. The ruling upheld Burton's complaint under the Unfair Dismissals Act 1977.
In a dispute over employment status, fiddler Matt McGranaghan claims he secretly recorded conversations with country singer Michael English during meetings in 2019 and 2021. McGranaghan alleges that English told him he was being dismissed and that the band's manager wanted him gone. He says he was later declared an employee by the Department of Social Protection in 2020, a decision later overturned by the Social Welfare Appeals Office. McGranaghan has brought an unfair dismissal claim under the Unfair Dismissals Act 1977 against MEPC Music Ireland Ltd, which denied the claim. During the Workplace Relations Commission hearing, McGranaghan presented excerpts from his recordings, despite objections from the company's lawyer. The tribunal allowed the excerpts to be used as evidence, noting that no party was permitted to record the hearing itself. The case remains at the unfair dismissal stage.
In a High Court case involving the Wright family, Mr Justice Brian O'Moore urged the parties to seek mediation to resolve their dispute. The judge noted that the parties were willing to mediate and warned that, if they did not, the case would proceed to a five‑day hearing. The dispute centres on the Wrights of Howth group's claim that they were wrongfully locked out of a storage unit, Store E, West Pier, Howth, by two family members not part of the business. The court had previously granted a temporary injunction restraining former shareholder Mark Wright and his daughter Shona Wright from obstructing access to the premises. The injunction also prohibits the defendants from placing locks or access‑control devices on the store. The case will return to court later this month, with the Department of Agriculture and the Marine applying to join the proceedings.
The High Court was asked to appoint a provisional liquidator to investigate GWD Forestry Limited, a Dublin‑registered forestry company that allegedly received €30 million from investors and is insolvent. Investors and creditors are concerned that the company's attempts to enter voluntary liquidation were not carried out in accordance with Irish company law. A second creditors' meeting is scheduled for later in the week. Investor and creditor Mr Franco Bertellino petitioned the court to appoint Mr Declan de Lacey of PKF O'Connor Leddy Holmes as provisional liquidator to mitigate risks, including preventing any improperly convened creditors' meetings. Mr Bertellino claims he has not received any return on his investment and that a liquidator appointed at the creditors' meeting might be biased toward the directors. The application was heard by Mr Justice Brian O'Moore, who directed that the company be notified of the appointment request and adjourned the matter to Thursday's sitting. The court noted the urgency of the claim.
In a High Court case, the County Kerry Coursing Club and Ballybeggan Park Company Limited resolved a dispute over access to the former Tralee Racecourse grounds for hare coursing. The club had been locked out of Ballybeggan Park since 18 June after new locks were installed, prompting the club to sue the company. The court heard that the club, the largest shareholder, claimed the company had no right to deny sporting access and alleged a sale of the land for €5 m was undervalued. The company denied wrongdoing, citing security concerns and a desire to frustrate the sale. After negotiations outside court, Mr Justice Brian O'Moore was informed the parties had settled amicably. The settlement was based on conditions to be fulfilled, and the court adjourned the case generally, allowing re‑entry if needed. No further details were disclosed.
On 9 December 2020, security guard Ciaran Kelly was on duty at a client site when a visitor, visibly distressed, asked to use a toilet before signing in. Kelly let the visitor pass and called his supervisor, who told him not to let the visitor down. Kelly believed the visitor might soil himself if delayed. That evening, the Securitas area manager suspended him. Kelly claimed the disciplinary process misrepresented facts and that the company had already decided to terminate him. The Workplace Relations Commission found Securitas had breached the Unfair Dismissals Act 1977, ordering the company to pay Kelly €21,216. The commission noted the dismissal was not a proportionate or justified last resort, and no reinstatement was ordered. The case highlights the balance between security protocols and employee rights.
Charles McClean, aged 32, of St Mark's Drive, Clondalkin, pleaded guilty in the Central Criminal Court to facilitating a criminal organisation in the fatal shooting of Thomas McCarthy. The indictment alleges that between 25 January and 27 July 2020, McClean, knowing of the organisation's existence, intentionally or recklessly performed an act to aid the murder. Mark Lee, also 32 from Balgaddy, Lucan, admitted the same charge for the period 26–27 July 2020. Mr Justice Paul McDermott adjourned the case to 6 March for mention.
Dermot Alastair Mills, a former Irish Rail manager, withdrew his claim under the Protected Disclosures Act 2014 after a tribunal hearing. Mills had alleged that he was penalised for whistleblowing on accounting matters in 2014 and that his €121,000‑a‑year role was reduced to managing a small debt portfolio. He said he had been given responsibility for capital budgets worth a quarter of a billion euros, then was "bullied" and had to take sick leave in 2013. Mills claimed he raised concerns, made a protected disclosure to the Transport Minister in December 2014, and that subsequent investigations found no wrongdoing. Irish Rail accepted the disclosure but denied penalisation, arguing the Workplace Relations Commission could only decide on the extent of any alleged penalty. The case was withdrawn following a settlement reached between Mills and Irish Rail, and the tribunal closed the hearing. The withdrawal was described as an immediate compromise by the adjudicating officer.
The Workplace Relations Commission has dismissed the unfair dismissal claim of care worker Varghese Matthew. In a decision published Monday, adjudicating officer Janet Hughes found that Matthew's dismissal by Donegal Home Care Ltd, trading as Home Instead Senior Care, was reasonable. The case concerned an incident on 1 April 2020 at Ballywaltrim House in Raphoe, Co Donegal, where a patient with an intellectual disability was found on an excrement-strewn floor after being locked in his room overnight. Matthew alleged he was instructed by a staff member to act as a doorkeeper and stay outside the room, a direction he claimed originated from an HSE employee. He stated he only discovered the door was locked after the other worker left. The tribunal found no malice or deliberate neglect on Matthew's part but determined his actions were based on "unquestioning adherence" to that direction. The officer concluded that speaking to the service user through a glass panel for four hours reached a threshold of gross misconduct due to incompetence and a failure to provide sound professional judgment. Although the officer noted Matthew was effectively a "scapegoat" and that the employer's investigation was delayed and limited, she upheld the dismissal, finding it reasonable for the employer to conclude Matthew's primary responsibility was to the service user, not to staff instructions.
A 32‑year‑old man from Balgaddy, Lucan, pleaded guilty to facilitating a criminal organisation in the murder of Thomas McCarthy in Dublin. Mark Lee appeared briefly at the Central Criminal Court, where he entered his plea. The charge alleges that between 26 and 27 July 2020, with knowledge of the organisation, Lee intentionally or recklessly committed an act to facilitate the murder. Mr Justice Paul McDermott adjourned the matter to 6 March and ordered a probation report.
Sinead O'Farrell, mother of four children aged 10, 8, 6 and 5, has applied to the High Court for injunctions to prevent Fingallians GAA Club from barring her family from club activities. She claims that she, her husband Jason and their children were banned after a dispute over a U‑9 football tournament in Newry last year. The dispute involved the club's head coach, Richie Herity, and led to the removal of volunteer coaches in September. O'Farrell alleges that club officials have communicated that her family should leave the club and that they were asked to refrain from attending until a meeting. She seeks injunctions restraining officials from interfering with her children's right to attend the club and declarations that any ban is unlawful. Mr Justice Brian O'Moore granted short service of the proceedings to several club officials, with a returnable hearing scheduled for the following Thursday.
Patrick McInerney, a former employee of the Irish Wheelchair Association, was forced into retirement at 66 without objective justification, a decision upheld by the Workplace Relations Commission as age‑based discrimination. He received €31,830 in compensation. Separately, Michael O'Mahony, a counsellor at the University of Limerick, was terminated at 68 after a dispute over his employment status and a mandatory retirement policy. He was awarded €50,000 in compensation for discriminatory dismissal on grounds of age. Both cases were brought under the Employment Equality Act 1998, and the tribunal found the employers' actions to be discriminatory, ordering the respective payments. The awards total over €80,000 for the two workers. The tribunal's decisions were published in 2023.
A former solicitor, now a judge, is alleged by a former employee to have continued running his private firm three years after his appointment to the District Court bench. The employee will present this claim to the Workplace Relations Commission (WRC). Solicitors for the firm argue that the judge left the practice four years before the constructive dismissal claim arose and that he has no involvement in the matter. The judge, who cannot be named by WRC order, will receive written notice of the allegation before the unfair dismissal hearing proceeds. At a brief hearing, the solicitor's representative, Jason Murray BL, requested that the WRC chairman subpoena the judge, but later asked for the subpoena to be adjourned, proposing to write to the judge and invite him to a hearing in April. Murray stated that text messages showed the judge's continued involvement.
Pádraig McMahon, a technical support manager at Opentext Ireland Limited, lost his job in a redundancy scheme in June 2020. He argued that the selection process was unfair, citing a lack of transparency and no prior warning that his role was at risk. The Workplace Relations Commission found that while a valid redundancy situation existed, the process was not carried out fairly or transparently, and that alternatives to redundancy were not considered. Consequently, Mr McMahon was awarded a compensatory sum of €41,400, equivalent to 11 months' remuneration less the statutory redundancy payment. His separate claims of gender‑based pay discrimination, disability discrimination and victimisation were dismissed because he failed to establish a prima facie case in each. The adjudicating officer noted that the company's redundancy matrix was vague and did not meet the required standard of transparency.
Daniel Asari, a taxi driver, complained to the Workplace Relations Commission that a service‑station attendant at Sweeney Oil on Headford Road in Galway City refused to unlock a diesel pump for him twice, once on 31 March and again two nights later. Asari said the attendant called him the n‑word and threatened to take him to court. He claimed the attendant filmed him on his phone and used other racial slurs. The attendant denied using any racial slur, and the station's manager said the incident may have stemmed from a dispute over a BLT sandwich. The manager also noted that the attendant had left the company after a verbal warning. The hearing was closed pending a written decision by the adjudicating officer.
Mr Justice Charles Meenan welcomed the settlement of about 20 High Court actions concerning the HSE's assessment of children with special needs, describing the outcome as "very satisfactory". He stressed the need for a system to reduce future judicial reviews on such assessments. The judge heard that many cases were settled after out‑of‑court discussions among the HSE, the Minister for Education and the families. The actions involved claims that the HSE had failed to comply with the 2005 Disability Act by not completing assessments within a reasonable time. While most cases were resolved, 11 remain pending regarding assessments by the National Council for Special Education (NCSE). The Minister plans to announce a new process for NCSE assessments, and the judge has adjourned the remaining matters to February to review progress. The HSE is recruiting assessors and clearing a backlog, but has no power over educational needs assessments.
Tech entrepreneur Ian Lucey was ordered by the Workplace Relations Commission to pay €19,713.45 to software developer Abhijeet Khopade for unpaid wages. Khopade, who earned €66,000 a year as senior technology manager at BioObservation Systems Ltd, had been given assurances that his arrears for 2019 and 2020 would be paid, but received only intermittent payments. Lucey defended the claim personally at a June 2021 hearing, stating the company had paid the amounts due, and also alleged that Khopade had harassed him and that the company had lost grant aid because of Khopade. The adjudicating officer noted that Lucey had turned his camera off during the hearing and that no payslips existed to support the payments. The Commission found the payments did not meet the wages accruing within the cognisable period and ordered Lucey to pay the full amount owed.
In a High Court case, three Egyptian tenants—Mostafa Elsayed Morshedy Elsayed Faraag, Gomaa Rashed Ahmed Arafa and Hussein Mohamed Hussein Mahmoud—claim they were violently assaulted by a group of up to 20 men on 13 December 2022 while renting a Dublin apartment. They say the attackers broke wooden chairs on their bodies, damaged their possessions and left the apartment in a "war zone" state. The tenants allege the assault was intended to force them to vacate the property, which they had rented since October 2021 for one year with an option to extend and paid rent in cash. They argue they were entitled to 30 days' notice of termination, which was not given. A judge granted them permission to add Mr Tony Tang Le (or Lee) as an additional defendant, while the injunction against the owner, Mr Xia Ping He, remains in place.
The Workplace Relations Commission has found that Student Facilities & Services (UCC) DAC, trading as Unisalon at the Student Centre at University College Cork, unlawfully dismissed Tracey Ring. The adjudicating officer, Lefre de Burgh, upheld complaints brought under the Unfair Dismissals Act 1977 and the Minimum Notice & Terms of Employment Act 1973. The tribunal determined that the employer's conduct was "entirely unreasonable" and "unlawful," finding that Ms Ring was dismissed summarily without notice or adherence to fair procedures. The respondent, represented by general manager Terry Brennan, had denied the complaints, asserting that Ms Ring was "laid off" rather than dismissed and that all owed wages had been paid. However, the adjudicating officer rejected this, noting that the employer failed to follow standard termination practices or provide a redundancy payment. The decision ordered the employer to pay Ms Ring €1,920 for unfair dismissal and €480 in notice pay, totalling €2,400. This finalisation concludes the hearing, with the tribunal's findings establishing that the dismissal was neither substantively nor procedurally fair.
The High Court approved Personal Insolvency Arrangements for Bernadette and Graham Canning, a separated couple in their mid‑fifties with four children, allowing them to write off over €2.8 million of debt. The Cannings had total debts of about €3.2 million, mainly to the Bank of Ireland, after their businesses failed in the early 2000s. The arrangements, each lasting 24 months, involve selling their family home in Monknewtown to an approved housing body, with the couple renting it back. Mrs Canning will pay a €5,000 lump sum, €1,000 of which goes to unsecured creditors, and the rest covers insolvency costs. Mr Canning will contribute €18,000, with €4,000 covering PIA costs and the remainder to unsecured creditors. Six acres of forestry owned by the couple will be transferred to the Bank of Ireland and sold. The court noted that the arrangements would benefit creditors more than a bankruptcy would, and approved them without objection.
In a January 2023 decision, the Workplace Relations Commission ordered PBR Restaurants Ltd, trading as Fish Shack Café, to pay €30,000 to Philip Hanley for unfair dismissal. Hanley, the son of the chain's founder, was dismissed after a new investor took over the firm in February 2020 and offered the Hanley family non‑voting share rights, which they refused. The company placed Hanley on unpaid layoff for four weeks before terminating his employment in August 2020, citing a genuine redundancy situation linked to the closure of two restaurants and the impact of Covid‑19. The tribunal found the dismissal procedurally unfair, criticised the HR firm handling the appeal for lack of impartiality, and upheld the unfair dismissal complaint. Hanley also sought €9,163 under the Payment of Wages Act for layoff pay, but the tribunal awarded no compensation due to pandemic‑related considerations.
A Workplace Relations Commission official found that CBRE GWS (Ireland) Ltd had committed a 'serious contravention' of a TUPE agreement by reducing Aideen O'Regan's redundancy package from six weeks' pay per year of service to the statutory minimum. O'Regan, who had worked for Thompson Reuters since 1995 and transferred to CBRE in 2015, was due an enhanced redundancy package under the TUPE agreement. However, the company relied on a UK-based agreement that included a five-year cap on the enhanced redundancy terms, which did not apply to Irish employees. O'Regan was informed of the reduction in her redundancy package in 2020 and objected, citing the terms of the TUPE agreement. The tribunal upheld her complaint under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, but rejected her parallel complaint under the Unfair Dismissals Act 1977.
Barbara Coyle, a former director of The Blackdog Communications Ltd, was awarded €25,000 by the Workplace Relations Commission for unfair dismissal. Coyle had been removed as director in October 2019 after a buy‑out dispute with Peter Wilson, who remained director and shareholder. Wilson alleged that Coyle had misappropriated company funds, an allegation that was never substantiated and was described by the tribunal as "outrageous." Coyle claimed the dismissal was pre‑meditated and that she was placed on layoff to force her resignation and diminish her shareholding. The tribunal found that Coyle was unfairly dismissed as an employee after being laid off, despite the company claiming a genuine redundancy. The decision awarded her €25,000 in redress for losses from the unfair dismissal. The case also references a prior 2021 award of €3,000 that was later overturned.
Unislim Ltd was ordered by the Workplace Relations Commission to pay €9,000 to part‑time fitness trainer Marsha Flannery after she returned from maternity leave and received a new contract that changed her employment "beyond recognition." Flannery had worked for Unislim since 2016, teaching two in‑person classes a week on a ten‑hour contract. She went on maternity leave in May 2019, was due to return in March 2020, but the Covid‑19 pandemic caused the firm to shut down and she remained on sick leave before being laid off in September 2020. She took further maternity leave from December 2020 to June 2021 and then sought to return to work. The company offered her either one extra remote class or payment for six hours a week to teach two classes, and issued a new contract that set a new start date of September 2021, effectively erasing her 2016 start date.
The High Court has adjourned a preliminary jurisdictional hearing in an application by Ezeon Entertainment Limited to set aside a Personal Insolvency Arrangement (PIA) granted to shareholder John O'Driscoll. The company, whose shareholders include rugby player Ronan O'Gara and businessman Michael O'Flynn, alleges the PIA was fraudulent and that O'Driscoll misappropriated over €15,000 in company funds. O'Driscoll denies all claims, stating he withdrew the money to repay debts he was owed and that the allegations are incorrect. Counsel for the respondent's Personal Insolvency Practitioner argued the High Court lacks jurisdiction, contending the matter should have been heard by the Circuit Court which originally granted the PIA in March 2022. Conversely, Ezeon's counsel argued the High Court does have jurisdiction. Mr Justice Alexander Owens stated the preliminary issue of jurisdiction must be decided first. He adjourned the matter for one week to allow the parties to exchange documents on this issue. The judge indicated he intends to fix a date for the hearing of the preliminary jurisdictional issue when the application returns before him next Monday. The court noted that O'Flynn previously lacked standing to overturn the PIA and that his appeal to the Supreme Court remains undetermined. O'Gara, who stated he was unaware of the PIA until media reports, expressed that he felt a material breach of trust had occurred, though he denied wishing to pursue a personal dispute.
Meta Platforms Ireland Ltd has applied to the High Court to overturn a €405 million fine imposed by the Data Protection Commission (DPC) for breaching the privacy rights of teenagers. The fine was issued in September 2022 following an investigation into Meta's processing of data from Instagram users aged 13 to 17 between May 2018 and September 2020, specifically the automatic publication of mobile numbers and email addresses under default business‑account settings. Meta argues that the DPC's decision is unconstitutional, citing breaches of the 2018 Data Protection Act, the Irish Constitution, the EU Charter of Fundamental Rights and the European Convention on Human Rights, and claims that the fine constitutes a criminal sanction and an improper exercise of judicial power. The company seeks to quash the fine, declare relevant statutory provisions invalid, and obtain a preliminary ruling from the Court of Justice of the European Union.
In a High Court decision, Justice Mary Rose Gearty ordered that two children, who had been taken from their home EU country to Ireland by their mother, be returned to that country. The judge rejected the mother's claim that one child would be at grave risk of self‑harm if returned, noting that any relocation must have the consent of both parents. The children had been subject to family‑law proceedings in their home country following the parents' separation, and the father had applied under the Hague Convention for their return. The mother had opposed the application, citing the child's alleged risk, but the judge found no evidence that the child's risk was recognised in the home country's courts. The judge concluded that, despite the child's expressed unhappiness and references to self‑harm, the evidence was insufficient to justify keeping the children in Ireland, and therefore both must be returned to their habitual residence.
Claire Butterly, a housekeeping manager at Carechoice Ltd's nursing home in Trim, was dismissed after refusing to stop providing laundry and cleaning services to residents of a nearby private housing unit for the elderly. The company claimed she breached its policy by engaging in private work, falsifying records and acting dishonestly. Butterly argued she was helping vulnerable residents, charging them no fee and receiving only small payments from a man named Mr X. The Workplace Relations Commission found her dismissal disproportionate and the disciplinary process flawed. The tribunal awarded her €12,000 in compensation, noting that her actions, while improper, did not amount to fraud or theft. The case highlights the tension between employee support for residents and employer policy compliance.
Three Dublin‑based Egyptian men—Mostafa Elsayed Morshedy Elsayed Faraag, Gomaa Rashed Ahmed Arafa and Hussein Mohamed Hussein Mahmoud—sued in the High Court after an alleged assault on 13 December 2022. They say a group of up to 20 men broke wooden chairs on their bodies, damaged their possessions and left their apartment on Tyrconnell Road, Inchicore, looking like a war zone. The men claim the attack was aimed at forcing them to vacate the property they had rented for over a year. They secured a temporary injunction against the landlord, Mr Xia Ping He, and any other person with notice of the order, preventing assault, intimidation or trespassing. The injunction also bars the landlord and others from damaging the premises. The case is set to return to court in early January. The men have not yet received a 30‑day notice of termination of their tenancy.
Amanda Hennigan, an Irish dancing adjudicator and school owner in Hertfordshire, has taken the High Court to challenge her suspension by the Irish dancing regulator, An Coimisiun Le Rinci Gaelacha (CLRG). She argues that the CLRG's investigation into allegations that competitions were fixed is flawed, prejudged, and conducted without her interview or disclosure of specific allegations. Hennigan claims the CLRG failed to provide her with its investigation report, did not consider the complainant's motivation, and breached its own disciplinary procedures by not informing her promptly. She also alleges that online documents naming her were defamatory and that the CLRG should have removed them. Hennigan seeks an injunction to lift her suspension and halt disciplinary proceedings until her case is decided. The court granted ex‑parte notice of the injunction, with a return date set for January.
In December 2022, retired MMA fighter Artem Lobov filed High Court proceedings against Conor McGregor, alleging a series of harassing, intimidating and defamatory posts on McGregor's Twitter account. Lobov claims that McGregor repeatedly referred to him as a "rat" in a song and other tweets, and that a picture of Lobov was superimposed on a packet of raw sausages. He also alleges that McGregor's father sent him pictures of rats and a snake as part of the campaign. Lobov's lawyers sought an undertaking to cease and desist from such posts and an order to remove them. The court granted permission to serve short notice of the injunction but declined a temporary injunction pending McGregor's response. The application is set to return to the court by Thursday of that week. The case is part of a broader legal dispute between the two former friends, including a commercial disagreement over a whiskey brand sale.
Senior Irish Twitter executive Sinead McSweeney, Global Vice President for Public Policy, settled her legal action against the company after a temporary injunction had prevented her dismissal. The dispute, which had been adjourned to allow negotiations, was listed before Mr Justice Brian O'Moore on Tuesday. The High Court was informed that the parties had reached a settlement and the full proceedings could be struck out with consent. All prior orders were discharged. No details of the settlement were disclosed. McSweeney had claimed that after a vague email from Elon Musk asking employees to confirm their willingness to be part of "Twitter 2.0," she was treated as no longer employed, was locked out of Twitter's IT system and could not access the Dublin office. Twitter, represented by Mark Connaughton SC, said it was offering undertakings to restore her access and had entered negotiations.
The High Court approved a Personal Insolvency Arrangement (PIA) for 47‑year‑old John Maloney, a project manager in a development company, allowing him to write off over €3.4 million in debt owed mainly to Cabot Financial. Maloney had secured loans in the 2000s for various property development projects, including a nursing home and land development in County Cork, using personal guarantees. He has worked with creditors to manage debts and dispose of assets. Under the PIA, which lasts 12 months, Maloney will pay a lump sum of €35,000, of which €5,000 covers insolvency application costs, to creditors. The arrangement was presented by Personal Insolvency Practitioner John Butler, represented by Deirdre Miller BL, and the court found it preferable to bankruptcy. No objections were raised, and the PIA will enable Maloney to return to solvency upon completion.
The High Court on 19 December 2022 appointed insolvency expert Shane McCarthy as interim examiner for Silverpail Dairy Ireland Unlimited Company and its related entity, Havana Company Unlimited. The appointment was made in respect of the Siverpail Dairy group, which employs 82 full‑time staff and several contract workers in Fermoy, Co Cork. The court heard that the group, a major manufacturer of ice‑cream and Irish Cream Liqueur, has become insolvent and is unable to pay its debts. It owes €4.16 million to trade creditors and €2.46 million to Revenue, with other creditors including AIB Bank, Arrabawn Co‑Op, IPL Protech Performance Plastics and Carbery Food Ingredients. The court noted that the business has traded successfully for many years but has experienced financial difficulties due to reduced sales during the Covid‑19 pandemic and increased costs such as energy and commodity prices.
In the Four Courts on 16 December 2022, a pre‑trial hearing concerning the administration of Covid‑19 vaccines to children aged five to eleven was scheduled for late January, following an application by Sharon Browne and David Egan. The plaintiffs sought a protective costs order and an injunction preventing the HSE and the State from distributing vaccines or boosters to children until "full information" on alleged risks was provided. Mr Justice Conor Dignam noted that the earliest date the court could offer was late January, citing court pressures, judge availability and the Christmas holidays. The plaintiffs argued that the vaccines breach the constitutional right to bodily integrity, citing a mother's death in 2021 and medical evidence gathered by Mr Egan. The State and HSE, represented by David Leahy SC, denied all adverse claims. The hearing was attended by members of An Garda Siochana, and the court restored order after a disturbance in the gallery.
In a High Court hearing on 16 December 2022, Mr Justice Brian Cregan expressed concern over the quality and use of large outdoor inflatable "jumping pillows" made by Air Bouncers Ltd and Ausmur Civil Limited, companies registered in Eyrecourt, Co Galway. The judge found that the defendants had breached the trademark and intellectual property rights of Danish firm Blaabjerg LEG APS, which has trademarked 'Jumping Pillows' since the early 1980s. He awarded €221,000 in damages to Blaabjerg, including aggravated and exemplary damages and costs. The judge also allowed Blaabjerg to continue its proceedings and seek an order for damages, despite the defendants' recent voluntary liquidation. He noted that the defendants had used the term "Jumping Pillows" on their websites and that their products were of inferior quality, using material typical of trucks.
A 17‑year‑old boy from Louth pleaded guilty to four counts of anal rape, one count of rape, two counts of sexual exploitation and one count of sexual assault against his niece and cousin, aged nine to ten, between November 2019 and March 2020. The court heard that the boy, who had been a good student and sportsman, lured the girls to his bedroom under the pretext of playing with his X‑box, forced them to lie face down on the bed and anally raped them in front of each other, and also vaginally raped one girl, causing her to bleed. He sent the other girl photographs of his erect penis and made her watch adult pornography, later demanding screenshots as proof. The abuse was discovered in April 2020 when the girls' sisters saw messages on the victim's phone. The girls did not give victim impact statements and have not received counselling, though their parents will if needed.
In a case management hearing before the Workplace Relations Commission, Fair City actor Tony Tormey claimed he had been barred from other TV work and sought recognition as an employee under the Protection of Employees (Fixed-Term Work) Act 2004. Tormey, who has portrayed Paul Brennan since 1989, alleges he acquired the right to an indefinite contract in 2004. The commission required Tormey's tax returns from 1 January 2004 onward to substantiate his claim. Evidence was to be obtained from former executive producer Niall Mathews, who reportedly told Tormey he was "not permitted to work elsewhere on TV." Tormey's earnings in 2016–2017 ranged from €99,000 to €150,000, with a €4,500 weekly rate for a shooting week. RTÉ's counsel highlighted a Revenue audit showing significant earnings and tax liability, while Tormey's lawyer argued the broadcaster mischaracterised him as self‑employed.
In a 2022 decision, the Workplace Relations Commission ruled that Habbib Kannas, a 41‑year‑old Egyptian migrant fisherman, was unfairly dismissed by OF Fishing Ltd and that the company breached the Organisation of Working Time Act by failing to pay him holiday pay for July 2020. The tribunal accepted Kannas's evidence that he worked 427 hours in that month, averaging 18‑20 hours a day on the trawlers Verlaine and Ocean Harvester II during six‑day fishing expeditions. It ordered the company to pay him €350 for the unpaid holiday pay and €6,476 for the unfair dismissal. The adjudicator declined to rule on further claims of excessive hours, lack of rest breaks, or a €37,000 back‑pay claim, citing lack of jurisdiction and the fact that fishers are exempt from working‑time regulations by ministerial order. The decision did not address any subsequent legal actions or outcomes beyond the award of the specified sums.
The Irish Whiskey Museum was ordered to pay €22,540 to former general manager Nicola McDonnell after a Workplace Relations Commission hearing found she was subjected to "unacceptable" pressure when her marriage to co‑founder Keith McDonnell broke down. McDonnell alleged that from July 2020 she was harassed, bullied, excluded and denied access to the museum and her email, and that her husband threatened her with Gardaí and called her a "common thief" over alleged whiskey theft. She said she had no choice but to resign due to the hostile environment. McDonnell claimed constructive dismissal under the Unfair Dismissals Act 1977 and was not paid the €5,928 redundancy sum she sought. The commission upheld her complaint, noting the emails and warnings from McDonnell that she was no longer wanted as an employee, and ruled the pressure was unacceptable and that her resignation was reasonable. The museum must pay the compensation.
A senior High Court judge, Mr Justice Charles Meenan, welcomed efforts to address a dramatic rise in judicial review cases against the HSE concerning the assessment of children with special needs. Lawyers for the HSE and 20 families explained that the HSE has been working to clear a backlog, noting no funding shortage but a shortage of assessors, with 695 vacancies. The HSE plans to report staff shortages directly to the Minister for Health. The backlog was partly caused by the High Court deeming preliminary assessments invalid. The HSE has no control over educational needs assessments, which are carried out by the National Council for Special Education under the Minister for Education. The judge noted that normally 2–3 new cases appear weekly, but since October the average rose to 7–8.
In a High Court decision, French film star Dany Boon was awarded €4.8 million in damages after being defrauded by Thierry Fialek‑Birles, who posed as an "Irish Lord from an ancient family." Mr Justice Brian O'Moore found that Mr Boon's funds had been used to support Mr Birles' luxurious lifestyle. The judge imposed receivership and permanent freezing orders on assets linked to Mr Birles, including three sailing boats – the 'Erin' and 'My Fair Lady' in Co Cork and the 'Shamrock' in Genoa – a house in Youghal, Co Cork, and monies in various bank accounts. Mr Birles and several co‑conspirators, such as SSMM, Hibernian Petroleum, United Irish Estates, Hibernian Yachts, and others, were ordered to pay Mr Boon's legal costs. The court also directed the sale of the seized assets to satisfy the judgment. The case remains pending against other named parties.
A High Court dispute concerning a catering contract at Brennan's bakery in Dublin has been adjourned to late March following agreement between the parties. Ciaran Monaghan, who has provided catering services at the bakery's canteen for 28 years, sought an injunction to prevent termination of his contract after Brennan's initiated a tendering process in June. Mr Monaghan contended that without intervention, his business and nine employees' livelihoods faced cessation on Christmas Eve. Before Mr Justice Brian O'Moore on Tuesday, counsel for both parties confirmed they had reached accord. Brennan's undertook that Mr Monaghan's company would continue operating the canteen while a competitive tendering process for the service provision is completed by mid-March 2023. Defence counsel stressed that termination on Christmas Eve had never been the company's intention. Should Mr Monaghan's firm succeed in the tender, the proceedings may become moot. The adjournment was granted on the basis of these undertakings.
Paul Flanagan, an accountant with Holbury Ltd (trading as Safe‑Stride), claimed he was unfairly dismissed after seeking treatment for cocaine addiction. He had been assured by the company's HR officer that a job would always be available, though not a specific position, when he entered a 20‑week residential drug‑treatment course at Cuan Mhuire in July 2020. After leaving the course early, the company sent a letter—dated 10 July—informing him that his job was considered vacated and that he should confirm whether he intended to return. Flanagan argued the letter was sent to the wrong address and that he had not resigned. The Workplace Relations Commission found that the employer had not documented any resignation and that the dismissal was "very under‑handed." The tribunal upheld his complaint under the Unfair Dismissals Act 1977 and awarded him €20,000 in compensation. The decision was published on 13 December 2022.
In a case heard by the Workplace Relations Commission, Shannon Holland, a care worker at Ability West, alleged sexual harassment by a senior colleague. The complaint, lodged in December 2019, led to the senior employee's dismissal in 2020 after investigations found "adverse findings" against him. The investigation report, completed six and a half months after the complaint, confirmed Holland's allegations of sexual harassment and other misconduct, including working under the influence of alcohol and scheduling himself to work alone with a female colleague, Ms Y. Holland was told she was not entitled to a copy of the final report, although the senior employee received one. The HR director explained that the report was shared with Holland verbally but not in written form, citing the ongoing disciplinary process. The case remains pending a decision from the adjudicating officer.
Ezeon Entertainment Limited, a company that bought and refurbished the pub 'The Silly Goose' in Cork, has asked the High Court to set aside a Personal Insolvency Arrangement (PIA) granted to shareholder John O'Driscoll in March 2022. The PIA was upheld on appeal to the High Court in July. Ezeon, whose shareholders include rugby star Ronan O'Gara and businessman Michael O'Flynn, claims the PIA was fraudulent, alleging that O'Driscoll misappropriated over €15,000 of company funds and that significant stock is missing. The company also argues it was not listed as a creditor and was never properly notified of the PIA, denying it the opportunity to object. O'Gara, who invested €20,000 in 2019, said he was unaware of the PIA until it appeared in the press and that O'Driscoll had "fleeced" him. O'Flynn had previously attempted to challenge the PIA but was dismissed for lacking legal standing.
Eddie Cunningham Cummins and Erica Cunningham Cummins, residents of Heron's Wood, Carrigaline, Co Cork, have brought a High Court judicial review against the Criminal Injuries Compensation Tribunal and the Minister for Justice. The applicants are the children of Eddie Cummins Snr, who was killed in a shooting in Ballincollig, Co Cork, in 2005. The Tribunal initially refused their compensation claim in 2021, citing that the application was made outside the statutory time limit and that the victim's conduct, including previous convictions and the nature of the killing, rendered an award inappropriate under Article 13 of the scheme. The applicants appealed this decision, arguing that Article 13 applies only to the conduct of the applicant, not the deceased victim, and that the children were innocent of their father's actions. The Tribunal upheld the refusal in 2022. In the current proceedings, the applicants seek to quash the Tribunal's decision, claiming it was irrational, breached fair procedures, and violated their rights under EU law, the Irish Constitution, and the European Convention on Human Rights. The matter was heard by Mr Justice Charles Meenan, who granted the applicants permission to bring the challenge on an ex-parte basis. The case was adjourned and made returnable to a date in February.
The High Court approved a Personal Insolvency Arrangement (PIA) for 44‑year‑old Tony Diskin, a property developer who had fallen into debt after the 2007‑08 economic crash. The PIA will allow Diskin to write off about €25 million of debt owed mainly to financial institutions, including Bank of Ireland, Cabot Finance and AIB. AIB had initially opposed the application, but its loan was sold to Everyday Finance, which did not oppose the PIA. The arrangement will be funded by a €30 000 lump sum from a third party, less fees, giving creditors a 0.1 % dividend. The PIA, lasting six months, will provide Diskin with adequate living expenses and allow him to retain his family home in Churchfields, Coosan, Athlone, Co Westmeath. The home, valued at €395 000, has a mortgage of €75 000 owed to KBC Bank, which will continue to be paid down.