John Hamill, an atheist campaigner, filed a complaint under the Employment Equality Act alleging that the Department of Defence discriminated against him by refusing to consider him for a military chaplaincy role. He argued that the policy allowing bishops to select chaplains favours Christians and excludes non‑religious candidates. Hamill presented evidence of repeated correspondence with the Minister for Defence, noting a lack of substantive response until July 2020. He highlighted that the Defence Forces' chaplaincy is described as "working on religious foundations" yet claims to respect all faiths. During the remote adjudication hearing, the Department's counsel presented data showing a high proportion of Catholic personnel and challenged Hamill's comparison to prison chaplaincy. Hamill maintained that the role's requirement for a monotheistic belief is unfounded and that the policy constitutes discrimination. The hearing concluded with the adjudicator to decide on the matter.
In March 2022 the High Court heard a challenge by Sergeant Martin Bright, a serving soldier and Deputy General Secretary of the Permanent Defence Force Other Ranks Representative Association, against an order issued by the Deputy Chief of Staff in August 2018. The order directed all members of the Permanent Defence Forces to refrain from attending unofficial parades and protests, including a 2018 Dublin City Centre protest about army pay and conditions that Bright intended to attend. Bright argues the order infringes his rights to freedom of assembly and expression, and seeks a declaration that the order is unlawful, outside the Deputy Chief of Staff's powers, and unconstitutional under the European Convention on Human Rights. The Defence Forces argue Bright lacks standing, the order is within his authority, and that the protest was a political demonstration. The case is before Justice Mark Sanfey.
In a Dublin Circuit Criminal Court hearing, John Tobin of Corran Ard, Athy, was found guilty of assault causing harm after he kicked in the door of a man's home and carried out a prolonged attack. Tobin claimed he had been misinformed that the victim had harmed a woman, the victim's partner, and that his actions were a misguided attempt to help. He admitted his wrongdoing. The victim, who wished to remain unnamed, suffered cuts, a punctured lung and other injuries but no serious consequences. Tobin, who has prior convictions for assault and public order offences and a history of alcohol and cocaine abuse, was given €1,000 as an expression of remorse, which the victim accepted. Judge Melanie Greally imposed a 30‑month prison sentence, suspended the final 15 months, and required Tobin to keep the peace and engage with Probation Services for 15 months after release.
In a High Court judgment on 8 March 2022, Lidl secured a judicial review of a 2018 price survey commissioned by Aldi and conducted by Grant Thornton. Lidl alleged that the survey's methodology was flawed, particularly that it failed to compare 'like with like' products and that Aldi's prices were taken from a master list rather than in‑store prices. The survey, which compared an average basket of 62 items from Aldi, Lidl, Tesco, SuperValu and Dunne's Stores, had concluded that Aldi was the cheaper retailer. Lidl's formal complaint to Chartered Accountants Ireland (CAI) was initially dismissed by an independent committee, which found no case against Grant Thornton. An independent review later confirmed methodological weaknesses, prompting the matter to be remitted back to the CAI for a fresh reconsideration by a new review committee. The High Court agreed that the decision was legally flawed and quashed it, allowing Lidl to pursue a new review of the complaint.
The Workplace Relations Commission has upheld a discrimination claim under the Equal Status Act brought by James Oliver Tattan against the Gresham Hotel, O'Connell Street Upper, Dublin 1. At an adjudication hearing, Mr Tattan alleged that a hotel porter insisted he wear a face mask despite his medical exemption, causing him distress and embarrassment. He stated he possessed a letter confirming his disability, which the porter refused to examine, and that he was never offered a face shield as an alternative. The hotel denied discrimination, asserting it was complying with pandemic health and safety protocols, and claimed Mr Tattan failed to produce his exemption letter. The hotel also noted it could not produce CCTV footage as it had been overwritten. Adjudication officer Davnet O'Driscoll accepted Mr Tattan's evidence that he was not given the option of a face shield and felt compelled to leave. The officer found that mask regulations did not require coverings where a reasonable excuse, such as a disability, existed. Consequently, the commission awarded Mr Tattan €500 for distress and the effects of discrimination. The hotel's management stated the porter involved has since returned to his home country.
The Hole in the Wall pub in north Dublin has been ordered to pay €26,000 in redundancy compensation to a former barman, Ian O'Donovan, after a ruling that he was within his rights to refuse redeployment to part-time restaurant work during the pandemic. O'Donovan, who had over 21 years of service with the pub, was made redundant in July 2020. During a redundancy meeting, his trade union representative was ejected before the company proposed offering him two eight-hour shifts per week at €15 an hour, which he rejected. The Workplace Relations Commission upheld his complaint under the Redundancy Payments Act 1967, finding that the pub's offer did not constitute suitable alternative employment. The commission ruled that O'Donovan acted reasonably in refusing the offer and ordered the payment of statutory redundancy, calculated at two weeks' pay per year of service, capped at €600 per week, plus an additional week.
In a High Court case, Detective Garda Cathal Brennan sought relief after being told he had to re‑apply for a Health and Safety role he had held since 2011. Brennan, appointed Regional Health and Safety Officer for National Support Services (Special Crime Operations), was informed in 2017 that he would be stood down and that a competition would be held to regularise the position. He claimed this amounted to a breach of his employment contract and sought declarations that he was validly appointed and entitled to continue in the role, as well as injunctions against appointing others. The court, with consent from all parties, declared that Brennan was validly appointed in February 2011 and that he was entitled to continue in his role under the terms of his service. An order for the defendants to pay his legal costs on the Circuit Court scale was also made, and the proceedings were struck out.
The Workplace Relations Commission has ordered Atlantic Troy Ltd, trading as the Charleville Park Hotel, to pay €22,000 in compensation to Bridget O'Reilly, her partner Phillip O'Neill, and their two sons. The adjudicator found that the hotel, owned by Supermac's founder Pat McDonagh and his wife Una McDonagh, discriminated against the family under the Equal Status Act by refusing emergency accommodation on 28 September 2020. The complainants alleged they were denied a three-night stay because the hotel insisted on a credit card in the guest's name, a policy the adjudicator determined was a device to exclude those receiving housing assistance. The adjudicator found that membership of the Travelling Community was a material factor in the refusal, noting the hotel's stance fell below the threshold of decency. The hotel strenuously denied discrimination, arguing the family sought a home rather than hotel accommodation and citing previous damage caused by other Traveller groups. However, the adjudicator found the hotel's evidence inconsistent and upheld the complaints on grounds of housing assistance and Traveller status. The compensation breakdown includes €8,000 for Ms. O'Reilly, €8,000 for Mr. O'Neill, and €3,000 for each son. This ruling marks the second time this year the hotel has been ordered to compensate members of the Travelling community for similar discriminatory practices.
Thomas Byrnes, a stable hand at a Tipperary racehorse training yard, was dismissed after taking the afternoon off on 16 December 2019 to attend the sudden death of a colleague. Byrnes was on his lunch break when he discovered the colleague lying outside his home, attended by Gardaí and paramedics, who confirmed the man was dead. He stayed until about 3.30 pm, then returned home and later went for a drink at 5 pm. The next morning he returned to work, completed his first job, and was confronted by the stable owner, who warned him of wage deductions and a day's holiday. Byrnes refused, left, and was later told his job was gone. He denied planning to resign with other colleagues and denied swearing at his employer. The owner claimed four staff, including Byrnes, failed to return that afternoon, compromising animal welfare.
The High Court heard that Miriam O'Callaghan's action against Facebook Ireland, formerly Meta Platforms Ireland, has been settled. The broadcaster alleged that defamatory and untrue advertisements posted on Facebook and Instagram in May 2018 falsely suggested she had left her position at RTE's Prime Time to endorse skin care products. Ms. O'Callaghan claimed these malicious third-party ads caused distress, damaged her reputation, and exploited public trust. She sought damages for defamation, malicious falsehood, and unlawful appropriation of personality, along with a permanent injunction. During the proceedings, she secured an order for subscriber information, which identified 51 names in the United States and the Balkans as co-defendants, though no real persons were identified. In the settlement, Meta Platforms Ireland issued an unreserved apology, acknowledging the ads caused distress and embarrassment. The company agreed to use robust measures to tackle such advertisements and will introduce an additional scam ad reporting tool for Irish users, allowing reports to be submitted to a specialist team. Ms. O'Callaghan's legal team stated the settlement achieved their client's objectives of terminating the fake ads and vindicating her reputation. The matter was resolved by agreement, with the court noting the cessation of the fake adverts and the implementation of the new reporting mechanism.
A landlord couple from Crossmaglen, County Down, have been ordered by the Workplace Relations Commission to pay €7,500 to their former tenant following a discrimination complaint. David Paul Smith alleged that Martin and Hillary Shields refused to accept housing assistance payment for a property he rented in Monaghan Town from October 2017, forcing him into significant financial difficulty. Mr Smith claimed he incurred approximately €5,687 in unmet rental costs and fell into arrears on utility bills while attempting to maintain his tenancy. Text messages from July 2020 showed the landlords explicitly declined HAP and allegedly threatened eviction should he pursue the matter further. The defendants did not attend the hearing. Adjudicating officer Breiffni O'Neill found the refusal constituted discrimination under the Equal Status Act, describing it as "at the more serious end of the scale" given its duration and impact on the complainant's family circumstances.
In February 2022 a man brought a defamation claim against a charitable organisation after an allegation that he sexually abused a vulnerable female relative was made during a March 2019 meeting. The man, who says the allegation is wholly untrue, claims it was defamatory and that the organisation's representative said the woman had "a baby in her tummy", had miscarried and that the applicant was responsible. He alleges the remark made him appear criminal and damaged his reputation. The organisation denies defamation, stating the words were part of a report in the woman's file and that it had a duty to inform the family and HSE representative. The High Court heard a pre‑trial application for discovery of documents, including the report and any notes, and ordered the organisation to provide the material within six weeks. The case remains pending.
Philip Evans, a security guard for Interserve Security (First) Ltd, filed an unfair dismissal complaint with the Workplace Relations Commission after being sacked for allegedly sleeping on duty at Deutsche Bank in Dublin on 6 January 2020. Evans claimed he was penalised for raising concerns about the health impact of night work. Interserve's solicitor, Patricia Rooney, argued that Evans was caught sleeping, that the bank's zero‑tolerance policy required dismissal, and that Evans had been dismissed following a disciplinary hearing on 31 January. Evans maintained he was not asleep and requested the disciplinary process be halted, which was denied. The commission's adjudication officer, Niamh O'Carroll, found Evans' dismissal was due solely to the alleged sleeping incident, not his health complaint, and upheld the dismissal. The company was ordered to pay Evans two weeks' wages, €1,123.20, for failing to provide notice pay.
In a 2022 case, the Red Cow Moran Hotel was ordered to pay a waiter €12,500 in compensation after the hotel's general manager repeatedly called him 'Chico' during a busy Christmas shift. Filipe Ongaro, a Latino waiter, filed two complaints under the Employment Equality Act, alleging racial discrimination and claiming he was dismissed the next day for raising the issue. He described feeling very uncomfortable and having no one to complain to, as the manager was in charge. The hotel apologized, stating the manager had no intention to offend and had used the term generally. The adjudicating officer found the term 'Chico' offensive and a derogatory term for people of Latin American descent, and concluded that the hotel had not rebutted the discrimination claim. Consequently, the hotel was ordered to pay the compensation amount.
At the Disclosures Tribunal, Chief Superintendent Mark Curran denied that he had deliberately targeted former colleague Sergeant William (Liam) Hughes. Curran, who served in Coolock in 2006, was asked by Kate Egan BL whether he had harboured animus toward Hughes, to which he replied emphatically "Never, ever." When counsel Michael Lynn SC questioned whether a four‑year delay in addressing Hughes' work‑related stress constituted deliberate targeting, Curran again rejected the claim, stating he had no animus. The tribunal is reviewing a protected disclosure by Hughes alleging a "systems failure" in the handling of the murder of Baiba Saulite in 2006.
Independent Councillor Jimmy Guerin has brought a High Court action against Fingal County Council, challenging the alleged removal of parts of a public meeting recording from the council's website. The applicant claims that the removal of his comments, made during a January 18th meeting concerning the Development Plan, and the subsequent refusal to provide a record of the meeting breach his right to freedom of expression. Cllr Guerin alleges he raised bona fide questions regarding a potential conflict of interest involving another council member. He claims that following a letter from solicitors acting for that member, the council's chief executive decided to remove the relevant sections from the website and deny him access to a transcript or full recording. The applicant asserts these decisions are unlawful and represent a departure from established practice, effectively removing the only accurate public record of the proceedings. Represented by Paul McGarry SC, Cllr Guerin seeks orders quashing the executive's decisions to redact the webcast and deny access to records, as well as declarations that the actions were outside the executive's powers and breached his rights. The matter came before Mr Justice Charles Meenan on an ex-parte basis. The judge granted Cllr Guerin permission to bring the challenge. The matter was adjourned and will return before the court in April.
The Workplace Relations Commission has ordered the Irish Wheelchair Association to pay compensation to two workers, Patricia Fitzpatrick and Catherine Langton, for unpaid hours during 'sleepover' shifts. In a decision published this morning, adjudicator Breiffni O'Neill upheld complaints brought under the Organisation of Working Time Act and the Payment of Wages Act. The applicants, both programme assistants, alleged they were not paid for time spent asleep on premises during night shifts, which they argued constituted working time. The employer, represented by Cathal McGreal BL, maintained it had adhered to legal provisions and owed no further payments, arguing premiums were not due for sleep periods. The adjudicator rejected the claim for Sunday premium rates, finding no legal duty to pay such premiums as contracts specified no additional remuneration for 24/7 hours. However, he found a deficiency in pay, noting the women were only compensated for five of every eight hours worked between midnight and 8am. Although the applicants argued underpayment began in 2016 and 2017 respectively, the adjudicator limited the award to the statutory six-month period preceding their June 2020 complaints. Consequently, the Commission awarded €1,634.04 to Ms Langton and €1,906.38 to Ms Fitzpatrick.
In February 2022 the Workplace Relations Commission awarded law lecturer Kathleen Moore Walsh €25,000 after finding Waterford Institute of Technology had victimised her by failing to re‑run a promised recruitment process for a promotion. The decision followed a history of complaints by Walsh, who had previously received €15,000 in 2006 and €5,000 in 2002 for victimisation and discrimination. The commission noted that WIT had misled the Labour Court about its intention to re‑run the 2013 interview process and had not honoured assurances that a new competition would be held. The adjudicator, Breiffni O'Neill, rejected claims of gender discrimination and compensation for lost earnings, but ordered the college to pay Walsh €25,000 for distress caused by the victimisation and to implement procedural safeguards for future hiring. The award brings Walsh's total compensation for victimisation to €45,000.
In a High Court case in Offaly, residents near the Oxigen Environmental waste recycling site in Barnan, Daingean, claim the facility has repeatedly breached a court order issued by Mr Justice Garrett Simons in September 2022. The order, based on the site's planning permission, restricts the facility to accepting only construction and demolition waste, such as stone, soil, brick rubble and concrete, and prohibits the acceptance of mixed dry recyclables, household or commercial skips, civic amenity waste, fridges, WEEE, mattresses, sofas, tyres and timber shredding. The residents allege that Oxigen, operating as Guessford Ltd, continues to process commercial, timber and municipal waste, causing noise and dust, and that the company has ignored communications about the breaches. They have brought fresh proceedings seeking the attachment and possible committal of directors Mr Sean Doyle and Mr Alan Doyle for contempt of court. The matter is set to return before the court early next week.
A compelling case for an internal garda disciplinary investigation into a garda whistleblower was presented to the Disclosures Tribunal by retired Assistant Commissioner Michael Feehan. The tribunal is examining claims by Sergeant William Hughes, now retired, that he was targeted for highlighting 'systems failures' within the garda force prior to the murder of Baiba Saulite in September 2006. The tribunal has directed that the chief suspect be referred to only as 'Mr A'. The Garda Siochana deny all allegations made by Sgt Hughes, who submitted a Protected Disclosure regarding Ms Saulite and various matters related to her dealings with the gardai. Chief Supt Feehan, who was Chief Superintendent in Store Street Garda Station at the time of Ms Saulite's death, was asked by former Assistant Commissioner Al McHugh to conduct a fact-finding inquiry into the level of knowledge within the garda regarding Ms Saulite's fears for her safety. Sgt Hughes had received a draft victim impact statement from Ms Saulite, which he placed in his station locker and did not read. Chief Supt Feehan stated that he believed there was a compelling case to institute disciplinary proceedings against Sgt Hughes and Garda Nyhan. However, these proceedings were discontinued in 2009 due to a lack of evidence of a real and immediate risk to Ms Saulite's life. The tribunal continues tomorrow with further cross-examination of Sgt Hughes.
In a High Court case involving FBD and Irish publicans, Mr Justice Denis McDonald urged parties to resolve the unresolved quantum of losses owed to pub owners who had successfully challenged FBD's refusal to pay out on business‑disruption claims caused by Covid‑19. The judge noted that last year he had found that FBD's policy covered losses incurred when pubs closed due to the pandemic, and that he had issued subsequent judgments clarifying issues between the parties. However, the amount of compensation the publicans are entitled to remains undetermined. Mr Justice McDonald suggested that experts from each side meet without solicitors or clients to agree on figures, and that forensic accountants could help settle the dispute. He said he would not impose orders on how the parties engage outside court, but he wants progress before the next court appearance next month.
Bargainprop Ventures Limited, the owner of the Bargaintown chain, secured a High Court injunction to force the Gibneys and others to vacate Unit 3, Greencastle Parade, Dublin 17. The court heard that Bargainprop had acquired the premises in 2021 from a receiver appointed by MARS Capital Finance Ireland DAC, after the property had been in receivership since 2016. Bargainprop's solicitors claimed that the Gibneys, former owners, and other occupants had refused to leave and had unlawfully created a leasehold interest in favour of Toro Grande Trading Limited. Bargainprop presented correspondence allegedly from the Gibneys that was described as "extraordinary, eccentric and absurd", containing a quote from the Book of Hebrews and thumb‑prints in a red liquid. The judge, Mr Justice Senan Allen, granted the injunction, noting that no explanation had been given for the Gibneys' claim to ownership or the alleged lease. The defendants were not present at the hearing but were notified of the application in advance.
In February 2022 the Workplace Relations Commission ordered Dublin sausage maker Granby Ltd to pay €10,000 to Maria Doyle, who was dismissed on 10 July 2020 during a cost‑cutting round after the firm lost a pandemic subsidy. Doyle claimed she was "singled out" because of an earlier altercation with a director. Granby argued the dismissal was a lawful redundancy following a 40% business downturn and that it applied a "last in, first out" policy. The commission heard that Doyle had been told her role was at risk, was given notice on 3 July, and that she had appealed unsuccessfully. Doyle had suggested moving to the pudding department but was told she lacked the required skills. The adjudicating officer found the redundancy was not the primary reason for her dismissal and ruled it unfair, awarding six months' salary as compensation, valued at €10,400. The decision was based solely on the evidence presented in the hearing.
Donegal County Council has applied to the High Court for an injunction to enforce the suspension of Councillor Frank McBrearty Jnr from attending council meetings until the end of February. The independent councillor was suspended on 31 January following allegations of disorderly conduct at council proceedings. Counsel for the council told Mr Justice Senan Allen that Cllr McBrearty, who disputed the suspension, attended a meeting the following week and allegedly disrupted it, causing adjournment. The council seeks to prevent him from attending, speaking, or participating in any council or committee meetings until 27 February, and from attending meetings at Aura Leisure Centre in Letterkenny. The judge granted permission to serve short notice of proceedings on Cllr McBrearty of Raphoe. The matter will return to court later in the week. Cllr McBrearty, elected since 2009, gained prominence following the Morris Tribunal's 1996 findings regarding alleged garda misconduct.
The operator of Blarney Castle has filed a High Court challenge against An Bord Pleanala's decision to grant planning permission for a hotel and commercial development on land 200 metres from the castle. The Blarney Castle Estate Partnership, comprising Charles Colthurst and Flintcroft Ltd, seeks to overturn the permission granted to Irish Conference and Leisure Holdings Ltd for an 80‑bedroom hotel, supermarket, office buildings, coffee shop and 70 residential units on St Ann's Road, Monacnapa. The partnership argues that the development would detract from the castle's character and undermine its status as a major tourist attraction, citing the lack of adequate reasons in the board's decision and alleged errors in interpreting local plans and heritage guidelines.
In a High Court decision, Mr Justice Cian Ferriter struck out the medical negligence claims of a couple against the estate of a deceased medical consultant. The couple had sued the estate and several other parties, alleging that misreported cervical smear tests and a misreported histology sample had caused the woman's cervical cancer and subsequent complications. The claims were brought outside the statutory two‑year period. The judge noted that the estate's personal representative was joined to the action more than two years after the consultant's death, making the claims time‑barred. Both the woman's and her husband's actions against the late consultant's estate were therefore dismissed. The decision highlighted the lack of unconscionable conduct by the estate and the difficulty the plaintiffs faced in discovering the necessary information before the deadline.
Beaumont Hospital was ordered to pay engineer Gareth Enright €11,891.28 for unpaid overtime and on‑call duty from August 2017 to September 2018. Enright, a clinical engineer, had been added to an on‑call roster in 2015 and was expected to maintain life‑saving equipment outside normal hours without a standby payment. He cited a 2018 HSE circular that set €450 for weekend on‑call or full‑week nights, retroactive to August 2017. After initial refusal and a later offer of a senior role, Enright pursued the claim with the Workplace Relations Commission. The adjudication officer ruled the complaint was timely, that the circular constituted written notification of terms, and that the hospital had to pay the back wages. Beaumont denied the claim and argued it was out of time, but the decision upheld the payment requirement.
Keegan Quarries Ltd (KQL) has applied to the High Court for an injunction against Mr Thomas Donegan of Newcastle, Enfield, Co Meath, alleging that he has blockaded access to a disused quarry site owned by the firm. KQL claims it acquired the land and a right of way from Donegan many years ago, allowing its staff to reach the quarry via his property. The quarry ceased extraction in 2019 but KQL intends to carry out restoration works and requires regular inspections for health and safety. KQL says that Donegan, without warning, blocked the entrance with heavy machinery and agricultural produce, preventing KQL personnel from accessing the site. The court granted KQL permission to serve short notice of the injunction proceedings on Donegan, and the matter will return next week.
A High Court action brought by a woman employed for more than two decades at a meat processing plant in Ballinrobe, County Mayo, has been resolved. Ms Lisa Flanagan, who worked as a receptionist and administrator for Martin Jennings Wholesale Limited, sought an injunction to prevent her dismissal following a workplace dispute with a senior colleague. Ms Flanagan alleged she had been subjected to bullying and that she used intemperate language during an incident, telling her colleague to "shove his job up his ass". She denied formally resigning but claimed the company wrongfully accepted what it characterised as her resignation via email. The company subsequently maintained her position had been terminated. When the matter returned before Mr Justice Mark Sanfey on Wednesday, counsel for Ms Flanagan indicated the proceedings had been resolved. The judge struck out the action with no order as to costs.
In February 2022, Greenmast Limited, the owner and operator of a nursing home with 85 staff and 82 residents near the National Orthopaedic Hospital in Cappagh, Dublin 11, obtained a temporary High Court injunction from Mr Justice Mark Sanfey. The injunction, granted ex‑parte, restrains Cappagh Homes Limited, trading as Derreen Construction, from making or presenting any application to wind up Greenmast over a disputed VAT claim of more than €700,000. Greenmast denies owing the amount and argues that it settled its account with Cappagh Homes in 2018 by paying €6.18 million. The dispute arose after a 2020 determination by Revenue, leading to a demand that over €735,000 be paid within 21 days or a petition for winding up would be filed. Greenmast claims the demand is an abuse of process and that the petition would harm its business and the vulnerable residents. The case is adjourned and will return next week.
In February 2022, retired Garda Sergeant William Hughes testified before the Disclosures Tribunal that disciplinary action against him should have ended sooner. Hughes had raised concerns in 2008 that the investigation into the murder of Baiba Saulite, a mother of two shot dead in Swords in 2006, had been mishandled. Shortly after voicing his concerns, he was investigated for "failure to take appropriate action on information known in respect of Ms Baiba Saulite", a charge he denied. In June 2009, Assistant Commissioner Al McHugh halted the disciplinary proceedings, declaring Hughes "completely exonerated". Hughes argued the delay was unwarranted and suggested the investigation was a form of targeting. The Tribunal noted that no information that could identify anyone arrested in relation to Saulite's killing should be reported. Hughes also highlighted that his medical retirement in 2013 was due to health concerns, and that earlier assessments of his fitness for duty were reversed after a new psychiatric evaluation.
In a High Court case, Davy Spillane, a celebrated Irish musician, announced that the proceedings against his former record label, Tara Enterprises Ltd and its subsidiary Tara Music Company Limited, had been amicably resolved. Spillane had sued the companies and their Managing Director, John Cook, alleging breach of contract, misrepresentation and underpayment of royalty fees. He claimed that the label failed to provide adequate accounting information and that he was not receiving all payments due to him. Universal Musical Ireland, which acquired Tara's catalogue in 2019, was added as a defendant. The court granted orders for the settlement, including the striking out of the proceedings and an order that Universal Music Ireland pay Spillane's legal costs. The judge welcomed the settlement and noted that it would have otherwise taken several weeks to hear. The parties agreed that the settlement was confidential and amicable. The case was concluded without further hearing.
Airmount Beauty Limited, trading as The Manicure Company, has brought High Court proceedings against Manitrnd Ltd, alleging that the defendant has cloned its website and is passing off its goods. Airmount claims that the defendant's site uses text and product images almost identical to its own, with the defendant's brand name added and Airmount's name removed. The plaintiff also says it ordered a sample of the defendant's products to compare them, finding striking similarities. Airmount seeks injunctions to stop the defendant from advertising, selling or distributing similar products and from using its database, and also seeks damages for breach of contract, negligence and misrepresentation. The case was heard ex‑parte by Mr Justice Mark Sanfey, who granted Airmount permission to serve short notice of the proceedings, with the matter set to return later in the week.
Conor Kirwan, aged 27, pleaded guilty to several offences in Dublin Circuit Criminal Court. He admitted to stealing three legs of lamb from a Dunnes Stores supermarket in January 2021, intending to sell them on the street to raise money for drugs, and to threatening a security guard with an uncapped syringe while pointing it at the guard. He also pleaded guilty to a robbery at Supervalu in June 2020, where he stole 11 pieces of corned beef, and to impersonating a garda at Eden Quay in September 2020, during which he forced a student to remove shoes and socks, demanded identification, and stole €30 from the student's wallet. Kirwan has 52 prior convictions, including theft, assault and drug offences, and is currently in custody. The court adjourned the case for finalisation on 14 February.
In a High Court decision, Mr Justice Denis McDonald ruled that Dublin pubs closed under the August 2020 early‑closing requirement due to Covid‑19 are entitled to indemnity under their FBD insurance policies. The judge clarified that the term "closure" covers partial shutdowns of premises, not only total closures, and that the policy applies to government‑imposed closures triggered by outbreaks within a 25‑mile radius. The ruling applies to four plaintiffs – Sinnott's Bar, The Leopardstown Inn, Lemon & Duke and Sean's Bar – and confirms that losses incurred during the relevant periods (June‑September 2020 and December 2020) may be calculated by a methodology reflecting each pub's circumstances. Staff wage claims were partially successful for three pubs, while the Leopardstown Inn's claim was dismissed. FBD is barred from pursuing under‑insurance arguments, and the case will return to court next month for further proceedings.
In a Dublin Circuit Criminal Court hearing, Suzanne Danker, 48, was found guilty of deception and theft for ruining a young couple's wedding in Spain in September 2012. Danker's company, Spanish Dream Weddings, had run out of money in September 2012, yet she continued to ask the couple, Sarah Foran and Colm Moriarty, for payments. The couple had paid about €10,000 for the event, but none of the contractors—florist, DJ, videographer, singer, flamenco troupe, and church fees—were paid. Danker's chaotic management and failure to communicate left the couple in debt and emotionally distressed. She received a suspended three‑year prison sentence, with a €9,500 payment to the victims and an additional €5,000 to be paid within two years. The court noted her remorse and unlikely re‑offending.
A receptionist and administrator employed by Martin Jennings Wholesale Limited in Ballinrobe, County Mayo, has brought High Court proceedings seeking an injunction to prevent her dismissal. Lisa Flanagan, who worked for the company for over twenty years, admits using intemperate language towards a senior colleague during a workplace incident in December, but denies formally resigning. The company subsequently informed her that her resignation had been accepted. Ms Flanagan claims the colleague had engaged in bullying behaviour and that she made a protected disclosure to the company regarding these allegations. She contends the company wrongfully terminated her employment and seeks declarations that she remains an employee and that any disciplinary matters be handled according to fair procedures. Mr Justice Senan Allen granted permission for short notice of the proceedings. The High Court action was adjourned to February.
In a High Court hearing on 25 January 2022, Kerry Fish Ireland Unlimited Company lost its challenge to the re‑introduction of traffic calming measures in Tralee town centre. The measures, which had been temporarily lifted between March and May 2020 to aid local businesses during the Covid‑19 pandemic, were reinstated by Kerry County Council. Mr Justice Anthony Barr dismissed the case, describing it as an "opportunistic collateral attack" on the council's 2017 decision to impose the measures. He found no breach of the EU Habitats Directive, noting that restricting traffic for a few hours could not significantly affect any environmentally protected site. The judge also rejected the claim that the council's decision to lift the suspension was a new decision, stating it was merely the end of a temporary suspension. The court therefore dismissed the action.
The High Court lifted a 'super injunction' that had barred media coverage of a case involving an employee of the Child and Family Agency (CFA). The employee had obtained a temporary injunction before Christmas to prevent the CFA and the human‑resources firm Acrux Consulting from approving, releasing or publishing a preliminary report that contained adverse findings against him. He argued the investigation was flawed and that the findings were unfounded. The injunction, granted under Section 45 of the 1961 Courts (Supplement Provisions) Act, aimed to protect the employee's reputation and keep the investigation confidential. Mr Justice Senan Allen ruled that while the case could be reported, the employee could not be identified in the media. The order was amended to allow limited reporting by the CFA's CEO and a few officials, and the matter was adjourned to February.
In a High Court decision on 21 January 2022, Mr Declan Ganley was awarded half of his legal costs for his challenge to the Covid‑19 restrictions that banned attendance at religious services. Judge Charles Meenan ruled that Ganley had raised matters of general public importance, notably the balance between the right to worship and public health. While the court did not decide the merits of the case, it held that the State must "readily explain" and "readily justify" any regulations that restrict public worship. The judge therefore ordered the Minister for Health to pay 50 % of Ganley's six‑figure legal costs. Ganley's action had previously been dismissed as moot after the Level 5 restrictions expired on 1 December 2020, but the cost ruling was made separately.
John Barrett, the suspended Executive Director of Human Resources and People Development at An Garda Síochána, has launched High Court judicial review proceedings against the Garda Commissioner. The action concerns the Commissioner's alleged failure to respond to Mr Barrett's requests for legal costs assistance or indemnity for his appearance before the Disclosures Tribunal. Mr Barrett, represented by Mark Harty SC, claims the Commissioner acted arbitrarily and unfairly by refusing to cover his legal fees, while allegedly providing such support to other members. He seeks an order directing the Commissioner to reply to his requests, along with declarations that the refusal breaches natural justice and that all employees must be treated equally regarding tribunal appearances. The matter was heard on an ex-parte basis by Mr Justice Charles Meenan, who directed that the application for leave to bring the action be made in the presence of the Commissioner's lawyers. The matter was adjourned to a date in March.
A charity that runs a centre for children with severe behavioural difficulties has taken a High Court action to have a boy in its care moved to a more suitable facility. The charity says its centre cannot provide the type of care the boy needs and that the boy has allegedly been verbally and physically abusive to other children and staff. Staff absences and a resignation after alleged assault are cited. The charity had asked the Child & Family Agency (CFA) to transfer the boy late last year, but claims the agency has delayed excessively. The boy was placed at the centre in 2019 for a two‑year programme that ended last year. The charity seeks an order requiring the CFA to plan a transfer, declarations that the CFA has failed to protect the child's constitutional and European Charter rights, and an indemnity for losses incurred from the end of the programme until the boy leaves.
A High Court action concerning a flood relief scheme in Roscommon will not proceed to full hearing until after Easter. The Friends of the Irish Environment group has brought judicial review proceedings against Roscommon County Council's proposal to construct a three-kilometre pipeline transferring water from Lough Funshinagh to Lough Ree. The council contends the works are necessary to mitigate flooding affecting nearby residents. FIE seeks to have the council's October decision approving the emergency scheme quashed, alleging it breaches EU environmental law and fails to properly assess impacts on the designated Special Area of Conservation. Mr Justice Garrett Simons directed that the substantive hearing, expected to last four days, occur following the Easter recess. The court has continued a temporary stay on construction work, following an undertaking from the council, though over fifty-seven percent of the project has been completed. The judge adjourned determination of the council's application to lift the stay for two weeks, to allow the State to make submissions and permit parties to consider a recent relevant judgment.
In a High Court decision on 13 January 2022, Mr Justice Max Barrett approved the adoption of a non‑national teenager by the woman who had cared for the child for many years after the child's birth mother died. The teenager, who arrived in Ireland with their mother over a decade ago, lost both parents shortly after arrival – the mother after giving birth to another child, and the newborn infant also died. The teenager had lived with an Irish foster mother for many years and both the child and the foster mother expressed a wish for adoption. The Adoption Authority of Ireland applied to the court for an order, noting that the identity of the child's father remained unknown and that no father had come forward to claim guardianship. The court found that all reasonable efforts to locate the father had been made and, given the lack of information, decided that the adoption could proceed without the father's consultation.
A legal dispute between Castlethorn Construction and Patrick White's companies over the future of €18.5m of development land at Killeen Castle, Dunsany, Co. Meath, was resolved. The case, admitted to the Fast Track Commercial Court last year, centred on White's claim that his companies had a contract to purchase the 600‑acre site for a 177‑bed hotel, leisure centre, golf course and 130 housing units. Castlethorn and its directors denied the claim. On 11 January 2022, after out‑of‑court discussions, the parties reached a settlement, which was accepted by Mr Justice Denis McDonald, who praised the resolution.
In a High Court hearing on whether documents seized from the former FAI CEO John Delaney are protected by legal professional privilege, Justice Leonie Reynolds expressed a strong desire to conclude the matter. The judge adjourned the case to late March, hoping to set a hearing date when all outstanding privilege claims could be presented. She noted uncertainty about whether the court would have enough time within the current legal term ending April 8. Delaney is now represented by Clark Hill, following a merger with his former counsel, and the judge directed that the new representation be formally recorded. The dispute centers on 1,100 documents seized in February 2020; the ODCE seeks to use them in a criminal probe, while Delaney argues they contain privileged legal advice. The court has yet to decide whether these documents are covered by privilege, and the ODCE has applied to review the court's recommendations.
In a Commercial Court case, Mary Flannery sued her family members and the company's accountant over control of Foxfield Inns Designated Activity Company, which owns hotels in Dublin and Galway. She alleged oppressive conduct under section 212 of the 2014 Companies Act. The defendants—her brothers Frank and Kevin Flannery, Kevin's wife Sheelagh, and accountant James Norton—denied the claims. The court heard that the company employed about 180 people and owned several properties, including the Eglington Hotel. After mediation, the parties reached a settlement. The court agreed that it could order Foxfield Inns to purchase Mary Flannery's and Andrena Moynihan's shareholdings. The settlement terms are confidential, and the matter was adjourned for mention in April. The judge welcomed the settlement.
The High Court has granted Friends of the Irish Environment permission to pursue judicial review proceedings challenging Roscommon County Council's approval of a flood relief scheme. The council is constructing a three-kilometre pipeline to transfer water from Lough Funshinagh, a designated Special Area of Conservation near Athlone, to Lough Ree, to mitigate severe flooding affecting nearby residents. FIE contends the council's October decision to approve the works under emergency provisions was unlawful and breaches EU environmental directives, as it proceeded without conducting required environmental impact assessments. The organisation also claims the scheme contradicts the Roscommon Development Plan. Mr Justice Garrett Simons imposed a temporary stay on further construction until January 14th, when the court will determine whether to maintain the suspension pending full resolution of the challenge. Approximately fifty-seven per cent of the pipeline has been completed. The council intends to seek lifting of the stay and aims to complete the works by March next year.
The High Court has set aside certain convictions and suspended sentences imposed on a Department of Agriculture official in relation to animal carcass disposal breaches. Bernard Kilgariff, aged 64, of Bricklieve, Castlebaldwin, County Sligo, was convicted before Sligo District Court in June 2021 of animal welfare offences spanning several years. He pleaded guilty to charges including animal neglect, welfare breaches, and failure to have animals tested for tuberculosis and bovine viral diarrhoea since 2016. The District Court imposed a four-month suspended sentence on carcass disposal charges and fines on testing matters. However, the Minister for Agriculture sought judicial review, arguing the judge erred in imposing a custodial sentence for offences that carried a maximum fine penalty only. Mr Justice Charles Meenan granted the orders quashing the convictions and sentences relating to the 2015 Disposal of Carcases Regulations breaches. The remaining orders, including a five-year disqualification from holding a herd number, remain valid.
In a judicial review, three Dublin security firms – Top Security Ltd, Morbury Ltd and Las Security Ltd – successfully challenged a ministerial order that would have increased pay for security operatives. The firms argued that the process used to formulate the order favoured large employers, lacked legal clarity and transparency, and would create an anti‑competitive outcome that could reduce employment. They claimed the order, approved by the Minister for Enterprise, Trade and Employment after a recommendation from the Labour Court, was based on recommendations from the Security Industry Joint Labour Committee, which they said did not represent them. The court quashed the Employment Regulation Order for the Security Industry and the Labour Court's earlier decision to adopt it, and remitted the ministerial order back to the Labour Court for fresh consideration. The settlement agreement reached with the State ended the legal action and the order was set aside. The case was heard by Mr Justice Charles Meenan.