Court archive
2021-12-17 · Dublin
Matthew Bell, 25, of Ambervale, Cookstown, pleaded guilty to participating in the gangland murder of John Gibson, who was shot dead at Citywest Shopping Centre, Saggart, Dublin on 18 September 2017. Bell admitted he contributed to the murder to facilitate a criminal organisation's activities. No evidence was presented, and the case was adjourned to a sentencing hearing on 4 March 2022.
2021-12-16 · Louth
The High Court appointed Neil Hughes of Baker Tily as interim examiner for Premier Periclase Ltd, a world‑leading magnesium manufacturer employing 94 people. The company faces severe financial distress due to a sharp rise in gas and electricity prices, which have doubled between 2020 and 2021. Premier Periclase owes Bord Gais €2.5 million and Energia €900,000, and Bord Gais has threatened to cut off gas supply within weeks unless a substantial payment is made, a payment the company claims it cannot afford. The court noted that an Independent Accountant's report by Cormac Mohan indicates the company has a reasonable prospect of survival if steps such as an examiner's negotiation with creditors and refinancing are taken. Premier Periclase, owned by Callista Turnaround 10 GmbH, has operated at Boyne Road, Drogheda since 1977 and sells its magnesium oxide and hydroxide products worldwide. The matter was adjourned to early January for further proceedings.
2021-12-16 · Ireland
In a 2021 Supreme Court ruling, Ms Sharda Sobhy, a former Mauritius national who worked in Ireland from 2012 to 2019 without a valid work permit or residency permission, was denied maternity benefits. She had paid PAYE tax and her employer made PRSI contributions during that period. After regularising her residency in 2019, she applied for maternity benefit based on those PRSI payments, but the decision was upheld by the Chief Appeals Officer. She appealed to the High Court, where Justice Mark Heslin remitted the case back to the Chief Appeals Officer. The Supreme Court, in a unanimous decision delivered by Justice Marie Baker, dismissed her appeal, holding that an employment contract without a work permit is unlawful and therefore cannot be considered a "contract of service" under the Social Welfare Consolidation Act 2005.
2021-12-16 · Dublin
In a Dublin Circuit Criminal Court hearing, Jonathan Glynn, 31, pleaded guilty to possession of drugs for sale or supply at his home in Rathgar. He admitted buying over €11,000 worth of cannabis herb in bulk from an Instagram account, stating the drugs were "all over Instagram and Facebook." Garda Gary McCormack had seized the drugs after a warrant search following a strong smell of cannabis at Glynn's house. Glynn, a former fruit and veg worker who had been laid off, claimed he used the money from his previous job to purchase the drugs and had only sold a portion to a relative. Judge Pauline Codd, noting Glynn's lack of prior convictions and his guilty plea, suspended a three‑year prison term on the condition he engage with the Probation Service for one year. The case highlights the use of social media platforms for drug distribution and the court's approach to first‑time offenders.
2021-12-15 · Ireland
In a High Court hearing on 15 December 2021, the BBC defended itself against defamation claims by former Sinn Fein leader Gerry Adams. The broadcaster argued that Adams was a leading IRA member, served on its Army Council, and had a history of not condemning the killing of informers. It claimed Adams had lied about not being in the IRA and that the 2016 'Spotlight' programme and a follow‑up BBC website article, which alleged Adams had sanctioned the 2006 killing of former Sinn Fein official Denis Donaldson, were made in good faith and constituted responsible journalism. Adams denied any involvement in Donaldson's death and said the allegations were attempts to discredit Republicans. The BBC sought discovery of documents from Adams to support its defence, while Adams' lawyers opposed the request as a fishing expedition. The judge reserved her decision.
2021-12-13 · Ireland
An Irish-born teenager with Autism Spectrum Disorder, who had lived abroad for over 15 years, returned to Ireland with his family earlier this year. He has been unable to secure a suitable school placement, as schools either lack the necessary facilities or have him on waiting lists. One school cited a shortage of special needs assistants; a Special Education Needs Officer said no assessment of his educational needs had been carried out, with the earliest possible assessment scheduled four to five months away. The family claims the State has failed to provide a free, adequate education or reasonable aid for private schooling. The teen, represented by Derek Shortall SC, has sued the Minister for Education, Ireland and the Attorney General, seeking an order compelling the Minister to provide an adequate placement and a declaration that the Minister has not discharged her duty under Article 42 of the Constitution and the 2004 and 1998 Education Acts.
2021-12-10 · Meath
Mr Kevin Thompson, a company director from Donaghpatrick, Navan, Co Meath, launched a constitutional challenge against the Judicial Council and the 2019 Judicial Council Act. The matter was briefly mentioned before Mr Justice Charles Meenan on Friday, who adjourned the case to a date in January when other proceedings arising from the adoption of new personal injuries guidelines are due to be mentioned. Mr Thompson claims his 2018 road traffic accident injuries were deliberately held up by the Personal Injuries Assessment Board (PIAB) until new guidelines were introduced. He alleges that the Judicial Council's March 2021 vote to adopt these guidelines, which reduce awards, breaches the separation of powers and judicial independence. He seeks declarations that sections of the 2019 Act are incompatible with the Constitution, specifically Article 15.2.1, arguing that assigning judges a legislative role in formulating guidelines is unconstitutional. The State defendants, including the Minister for Justice and Equality, deny the claims, asserting the Act enjoys a presumption of constitutionality. They argue the guidelines promote consistency, transparency, and cost control, and contend the action is premature as Mr Thompson's claim outcome is unknown. Mr Thompson is represented by John Roger SC, Miriam Reilly SC, Frank Callanan SC, Conor Duff BL, and Blaithin Gallagher BL. The State is represented by Eoin McCullough SC, Catherine Donnelly SC, and Francis Kiernan BL.
2021-12-06 · Ireland
A lecturer at a third‑level institution has applied to the High Court for judicial review, claiming that the university failed to consider his dyslexia when denying him a full‑time post. He has worked as a lecturer below the bar since 2016 and applied for progression across the merit bar in 2021. The university denied his application in May, and after an internal review the governing authority upheld the refusal in September. The lecturer argues that the university's Equality and Diversity Policy requires fair assessment regardless of disability, yet the application form did not allow disclosure of his dyslexia. He contends that the decision breached the Universities Act 1997 and the Employment Equality Acts 1998‑2015. The court granted him permission to proceed and placed a stay on the termination of his contract, with the case scheduled to return in January.
2021-12-06 · Offaly
In a High Court judicial review, a residents group from Treascon and Clondooluck, Portarlington, challenged An Bord Pleanala's October 4 decision to grant planning permission to Elgin Energy Services Limited for a solar power station on 90 hectares. The group, represented by Oisin Collins SC and Margaret Heavey BL, argued the decision was invalid because it contravened EU directives on habitats and Environmental Impact Assessments, and that the board failed to conduct a proper Appropriate Assessment. They cited potential impacts on species such as the Whooper Swan and the Fresh Water Pearl Mussel, and on nearby special conservation areas. The group also claimed the board ignored flood risk assessments in the Co Offaly Development Plan. Elgin Energy Services Ltd is a notice party. The judge directed the group to apply for permission to bring the challenge on notice, and the case will return in January.
2021-12-03 · Dublin
Dublin Circuit Criminal Court heard the case of Dubliner James Maughan, who pleaded guilty to endangerment, dangerous driving, and driving without insurance at locations around Blanchardstown and Mulhuddart on February 27, 2020. Prosecution evidence detailed a high-speed incident where Maughan drove straight at a garda, forcing the officer to jump aside, before continuing at speed through red lights and into oncoming traffic. Gardaí ultimately abandoned the pursuit due to the serious risk posed to the public. Maughan claimed his 20-year-old nephew, who was a passenger, threatened him with a Taser, compelling him to drive. Defence counsel highlighted Maughan's diagnosis of paranoid schizophrenia and argued the nephew was the ringleader. The court noted Maughan's extensive criminal history, including 174 previous convictions and prior driving bans in 2011 and 2018. Judge Pauline Codd described the record as horrendous but adjourned the matter to February 14 to allow time for an assessment by the Probation Service. No sentence was imposed at this stage.
2021-12-02 · Dublin
Atlas GP, part of the Marlet group, is seeking an extraordinary injunction to stop eight South County Dublin residents from challenging An Bord Pleanala's July 8 decision that granted the developer planning permission for 255 residential units and a childcare facility on Church Road, Killiney. The residents, who live on Church Road and Watson Road, argue that the permission amounts to over‑development and that the injunction is an abuse of process and an example of strategic litigation against public participation. Atlas claims the residents have broken champerty and maintenance rules, that they are being funded by third parties, and that a local flyer was circulated to encourage such funding. Atlas seeks the injunction, orders to disclose the names of funders, damages, and a declaration that the challenge is funded by third parties with no legitimate interest. The residents' counsel argues the injunction is improper and seeks to set it aside.
2021-12-01 · Ireland
The Supreme Court overturned a Labour Court ruling that a worker's personal complaint to his former employer was not a protected disclosure. The case involved Tibor Baranya, a Hungarian national who worked as a butcher for Rosderra Meats Group Ltd. After leaving in 2015, he returned and requested a different role due to pain. He claimed dismissal on the basis of a protected disclosure under Section 5 of the 2014 Protected Disclosures Act, while Rosderra argued he was dismissed for walking off a production line. The Labour Court and Workplace Relations Commission had classified his communication as a grievance, not a protected disclosure, and the High Court dismissed his claim. The Supreme Court held that the 2014 Act covers personal complaints in private employment and that the Labour Court erred by relying on a 2015 Code of Practice that misstates the law. The case was remitted for a fresh hearing.
2021-12-01 · Dublin
The High Court dismissed a former hospital worker's claim that her rights were breached when her employer refused to allow her to work from home due to the 'high risk' Covid‑19 risk to her health. Judge Miriam O'Regan found no irrationality or unreasonableness in the decision and that the claim was a private law matter, not subject to judicial review. The woman, who worked at a Dublin hospital for about 15 years until April 2020, had been isolated after a colleague tested positive and was deemed fit for work by the HSE after 14 days. She argued that doctors advised her to stay home and submitted specialist reports, but the employer said her medical status did not warrant 'cocooning' and she was not high risk. She remained out of work, exhausted sick pay, and retired in October 2020 at age 65.
2021-11-30 · Ireland
Paul O'Meara, a former probationary Garda who joined An Garda Siochana in 2016 and completed training a year later, has filed a High Court challenge to overturn the Garda Commissioner's decision to dismiss him. In 2019 a senior Garda prepared a report recommending O'Meara was unsuitable for retention and that his probationary period be extended. The period was extended several times, but in early 2024 senior management informed him that his services would be dispensed with, and he was formally dismissed on 9 September. O'Meara, represented by Mark Harty SC, argues the dismissal was unlawful, breached fair procedures and his constitutional rights, and that the Commissioner had no authority to extend his probation or to seek ministerial consent without notifying him. He seeks orders to quash the dismissal, reinstate him, and declare his probationary period expired. The case was granted permission to proceed by Mr Justice Charles Meenan and will return to the High Court in January.
2021-11-30 · Kerry
The High Court, by Mr Justice Charles Meenan, granted a temporary stay on an ethics investigation into Kerry County Councillor Breandan Fitzgerald of Dingle, who represents the Castleisland‑Corca Dhuibhne area. The investigation, initiated by a complaint earlier in the year, concerns Fitzgerald's vote on a draft local area plan for Corca Dhuibhne. Fitzgerald denies wrongdoing, claiming no interest in the lands and that he had previously abstained on related votes due to family connections. The investigation was originally conducted by the council's Cathaoirleach Jimmy Moloney and Chief Executive Moira Murrell, but the court found the Cathaoirleach's involvement conflicted with the rules. Fitzgerald's counsel, Elizabeth Murphy, intends to seek judicial review to halt the investigation, arguing the CEO's continued participation breaches fair procedure. The stay will remain until the matter returns in two weeks, with the option for the respondent to apply to lift it on 48‑hour notice.
2021-11-29 · Dublin
A 60‑year‑old man was 13 when he began a six‑year period of raping and sexually abusing his younger adopted sister, a court heard. He justified the abuse by telling her they were not biological siblings and that a Catholic priest had told him to practice sex on her. The abuse began when she was about ten or younger in their Dublin family home. He pleaded guilty to 28 counts of indecent assault and rape between 1974 and 1979, from an indictment of 103 charges. The court heard that both siblings suffered extreme violence from their adopted mother, who had bipolar syndrome and was unmedicated. The woman's victim impact statement described the abuse as an "unspeakable hell" and said the damage will never end until she dies. The man expressed deep regret and remorse, stating he will live with that guilt for the rest of his life.
2021-11-29 · Ireland
In late November 2021, Mr Justice Charles Meenan of the High Court, overseeing the Judicial Review list, reiterated his concern about the use of limited resources in cases that compel the HSE to assess the needs of children with special education and health requirements. He questioned whether such actions are the best use of "very limited resources" and noted that similar applications have appeared frequently in recent years. The judge observed that most of these cases are settled by consent shortly after they first appear before the courts, yet they still incur costs such as legal fees and stamp duty. He highlighted that parents and guardians often claim the HSE has failed to complete assessments or reviews within the statutory period, depriving children of essential services like speech and language therapy, psychological support, and educational services.
2021-11-26 · Ireland
In a High Court hearing on 26 November 2021, Justice Leonie Reynolds found that former FAI chief John Delaney had not complied with a court order to provide the Office of the Director of Corporate Enforcement (ODCE) with details of litigation he was involved in. Delaney's lawyers argued that he had complied as far as possible, citing time constraints and the ODCE's refusal to supply copies of documents needed for a review. The ODCE sought information to determine how many of the 280,000 documents seized from the FAI in February 2020 were protected by Legal Professional Privilege (LPP). Delaney claimed that about 900 items were covered by LPP, but the ODCE said he had only given generic descriptions of litigation. Justice Reynolds adjourned the matter to December, giving Delaney more time to comply with the order before the case could proceed further.
2021-11-23 · Dublin
The High Court issued an injunction ordering unknown occupants of a Dublin 4 property at Pembroke Cottages to vacate immediately. The property, owned by the late Mr Declan Gorman, was to be sold and proceeds distributed by executor Mr David Burke. Auctioneers could not access the house in September because it was occupied by unknown persons, who had never received permission from the estate. Mr Justice Senan Allen confirmed the estate's right to possession and required the occupants to surrender vacant possession, refrain from trespassing, and not interfere with the estate's ability to take possession. The injunction was unopposed and no representation was made by the alleged occupants. The court noted that the property was not insured and that the executor feared possible construction work that could damage the house's structure, water, and electricity supplies. The injunction also barred the occupants from interfering with the estate's efforts to secure the property.
2021-11-23 · Waterford
In November 2021 the High Court quashed Waterford City & County Council's decision not to build a seven‑bay Traveller halting site at Carrickphierish Road. The council's elected members had voted 16‑to‑2 against the development in March 2021. Two Irish Traveller community members, Ellen Delaney and Mary O'Reilly, sued for judicial review, arguing that the council failed to give proper reasons, relied on erroneous claims about Covid‑19 assistance, ignored overcrowding at a nearby Traveller housing scheme, and acted after the Chief Executive's February 2021 recommendation. The applicants, represented by the Free Legal Advice Centres, sought an order quashing the decision, declarations that the decision was irrational, unreasonable and breached housing obligations and human rights legislation, and that the council pay their legal costs. The court agreed to quash the decision and order the council to pay the applicants' costs.
2021-11-18 · Dublin
Historian Kerron Ó'Luain, aged 34, was charged with unlawful violence after he punched a Polish man during an anti‑Pegida protest in Dublin on 6 February 2016. The incident occurred when a group of protesters, who believed the victim knew members of the far‑right group Pegida, attacked him. CCTV footage showed Ó'Luain delivering a single punch to the victim's head before leaving the scene. He pleaded guilty to the offence. In July, Judge Melanie Greally found his culpability to be in the low range for violent disorder, describing the conduct as reprehensible but very short‑lived. She ordered him to donate €200 to Pieta House and to keep the peace for a set period. At a subsequent sentencing hearing, the court noted that Ó'Luain had complied with all conditions and discharged him from the indictment. The victim sustained cuts and bruises but did not make a statement to Gardaí. The case was heard in the Dublin Circuit Criminal Court.
2021-11-18 · Ireland
In a High Court hearing on 18 November 2021, former Sunday Independent columnist Eoghan Harris testified that he alone controlled the Twitter account @barbarapym2, used to post allegedly defamatory material about journalists Allison Morris and Aoife Moore. Harris's sworn statement contradicted an earlier RTE interview in which he said unnamed persons had contributed to the account. The journalists, represented by Thomas Hogan SC, seek damages and a Norwich Pharmacal order compelling Twitter International to disclose identities, IP addresses, phone numbers, e‑mail addresses, login times and details of any other accounts that posted or retweeted the defamatory content. Twitter, represented by Alan Keating BL, argues the orders are burdensome and proposes an alternative, non‑opposed disclosure formula. Harris, defended by Frank Callinan SC, denies any involvement beyond the Barbara J Pym account and rejects claims of association with other accounts. The case remains pending, with Judge Mark Sanfey reserving judgment.
2021-11-16 · Cork
In a High Court decision on 16 November 2021, Mr Justice Mark Sanfey refused to approve a Personal Insolvency Arrangement (PIA) for Mr Daniel Drew, a single businessman in his mid‑forties who operates a petrol and convenience store in Turner's Cross, Cork. The judge held that the court had no jurisdiction to consider the PIA, which had been rejected by Mr Drew's creditors in 2019. Mr Drew's debts exceeded €3 million, and the proposed PIA would have lasted six months, allowing him to retain a Rosegreen, Cashel property and pay creditors a €42,000 lump sum. The judge found no evidence that Mr Drew resided at the Rosegreen house at the time of the proposal, contrary to his sworn statement, and dismissed the PIP's application to confirm the arrangement. The decision noted the PIP's attempt to vary the PIA to 72 months and include rent payments, but the court declined to approve the proposal.
2021-11-15 · Dublin
In a Central Criminal Court hearing, a 62‑year‑old man pleaded guilty to nine counts of rape, oral rape, indecent assault, sexual assault and aggravated sexual assault against his daughter over a 16‑year period from 1990 to 2006. The abuse began when the daughter was seven and continued regularly, with the father repeatedly orally raping her, forcing her to perform sexual acts, recording the assaults with a dictaphone, and taking explicit photographs when she was 18. He also used an electric sander and a phone cable to assault her. The court heard that the victim had reported the abuse to Gardaí in July 2016 and that she was mentally, emotionally and physically tortured. The judge adjourned sentencing to 23 November. The defendant's wife and other children provided character references describing him as a "fantastic father.".
2021-11-15 · Meath
Donal Lee, 25, had a wholly suspended sentence quashed on appeal after he broke into Stack's Pharmacy in Laytown on 1 December 2018. Lee, who had 43 prior burglary convictions, had been serving a suspended five‑year term from 2016. In March, Judge Patrick Quinn imposed a three‑year term and suspended it entirely. The Director of Public Prosecutions appealed, arguing the sentence was too lenient and that Lee's modus operandi involved roof entry and pre‑meditation. The appeal was heard by Mr Justice Patrick McCarthy, who noted CCTV evidence of Lee's visits to the pharmacy before the burglary and described the offence as serious. The court found the judge erred by not imposing custodial time, and the suspended sentence was overturned. Lee will begin a custodial term next month when his current term ends.
2021-11-12 · Kildare
Glassco Recycling Limited, a glass recycling firm based in Naas, has lodged a High Court challenge against a decision by An Bord Pleanala that its proposal to increase its annual intake of glass and aluminium cans is not exempt from planning permission. The board had ruled in May that the proposed increase constituted a material change of use due to intensification, and that no planning law exemption applied. Glassco argues the decision is flawed, that the board erred in law, and that the increase does not amount to development. It also claims the board failed to provide reasons, did not consider relevant factors, and made an unreasonable decision without an Environmental Impact Assessment. The company seeks orders to quash the decision and a declaration that its existing recycling permission precludes the activity from being a material change of use. Mr Justice Anthony Barr granted the company permission to proceed, and the case will return to court next month.
2021-11-10 · Meath
Two building firms, Trinity Homes Ltd (THL) and Yeronga Ltd, both mainly funded through the Immigrant Investment Programme, were granted court protection from creditors. The firms, established in 2014, have become insolvent and cannot meet debt repayments. They attribute their difficulties to Covid‑19 site shutdowns, rising material costs, and an inability to meet scheduled loan repayments. An additional issue is a €3 million share purchase from a former THL director, during which over €900,000 of THL's funds were paid to that director, a transaction the court said breached company law and will be investigated. The companies had been profitable from 2015 to 2019 and had borrowed over €11 million through the programme, which allows non‑EEA citizens to invest over €1 million for three years in exchange for residency and eventual citizenship. THL's directors are Stephen Mahon (75 % shareholder), Ecaterina Olaru, and Ben Reid, while Mahon and Olaru also direct Yeronga.
2021-11-09 · Mayo
The High Court has quashed planning permission for a large-scale poultry farm in Co Mayo. Mr Justice Anthony Barr made the order following An Bord Pleanála's consent to quash the permission it had granted in September 2019 for a new poultry house and ancillary facilities at Brownhall Demense, Balla, Castlebar. The decision was challenged through judicial review by Michael O'Connor, a neighbouring resident at Brownhall, Balla, Castlebar. The board agreed to pay Mr O'Connor's legal costs. The original permission was granted to Noel and Ann Mulhern for their wholesale egg production business. The proposed facility was designed to house 12,000 laying hens. Mayo County Council and the board's own inspector had both recommended refusal. Mr O'Connor's challenge raised concerns including noise and odour nuisance, groundwater pollution, disease risk, and potential impacts on the River Moy Special Area of Conservation and the Ballinfad Special Area of Conservation, which supports the protected Lesser Horseshoe Bat species.
2021-11-08 · Ireland
In November 2021, WhatsApp Ireland Ltd secured permission from a High Court judge to challenge a €225 million fine imposed by the Data Protection Commission (DPC) in August 2020. The fine followed a DPC investigation that found the messaging service had not complied with the EU General Data Protection Regulation (GDPR) in several respects, including the processing of user data and the sharing of personal data with Facebook. WhatsApp's legal team, led by Declan McGrath SC, argued that the DPC's decision was unconstitutional, that the 2018 Data Protection Act under which the DPC operates is invalid, and that the fine constituted an unlawful criminal sanction. The High Court, presided over by Mr Justice Anthony Barr, granted WhatsApp permission to pursue a judicial review and adjourned the case to a date in the following month. WhatsApp also filed a statutory appeal against the DPC's decision in the Irish courts.
2021-11-04 · Roscommon
The High Court has dismissed an application by Friends of the Irish Environment alleging that Roscommon County Council breached a court order regarding a proposed flood relief scheme. Mr Justice Garrett Simons rejected claims that council chief executive Eugene Cummins should be held in contempt. The case centres on a 3km pipeline designed to transfer water from Lough Funshinagh, a protected seasonal lake, to Lough Ree to alleviate flooding affecting nearby residents. FIE successfully challenged the original scheme last August on environmental grounds, and the council agreed to remediate works already carried out. However, the council subsequently obtained approval for emergency flood relief works under different statutory provisions in October, which would utilise the partially-constructed pipeline. The judge held that the August order did not prevent the council from pursuing the scheme under alternative legislation, and that obtaining fresh development consent constituted a significant change in circumstance. Mr Justice Simons invited FIE to bring judicial review proceedings if it wished to challenge the October decision, directing that any such application be heard before him.
2021-11-03 · Ireland
In a High Court judicial review hearing, Mr Justice Charles Meenan, who oversees the Judicial Review list, questioned whether demanding the HSE complete special needs assessments within six weeks is the most efficient use of limited resources. He noted that most such cases are settled by consent shortly after the court first considers them. The judge made these remarks while granting leave to three applicants to challenge the HSE on behalf of children with special needs, seeking orders to compel assessments and declarations that the HSE has breached its statutory duties under the 2005 Disability Act. The applicants, whose identities are withheld, argue that the HSE has failed to conduct timely assessments or reviews, depriving children of essential services such as speech and language therapy, psychological support and educational assistance, thereby adversely affecting both the children and their families. The judge, after granting ex‑parte leave, returned all the cases to the court for further consideration as of December.
2021-11-03 · Cork
The High Court approved a Personal Insolvency Arrangement for 54‑year‑old Assumpta Gaffney, an accounts administrator married with two children. The arrangement allows her to write off about €4.2 million of debt owed to financial institutions. She will keep her family home at Mountain Lodge, Ballyleigh, Waterfall, Co. Cork, and continue making mortgage repayments on the €550,000 property, which has been restructured. Her creditors include ACC, AIB and Bank of Ireland. The 12‑month PIA includes a one‑off €50,000 lump‑sum payment from a third party to creditors and the surrender of two properties in Ballykisteen, Co. Tipperary, to satisfy part of her debts. The PIA was drafted by Personal Insolvency Practitioner Judy Mooney of McCambridge Duffy and represented in court by Keith Farry BL. The court noted that Ms.
2021-11-02 · Ireland
A woman in her twenties, who was in State care from age three until 18, has brought a High Court challenge against the Data Protection Commission (DPC) over its handling of her complaint about the Child and Family Agency (CFA). She alleges that while in a foster placement over 15 years ago she was raped, sexually abused, physically assaulted, emotionally abused and verbally intimidated by an older male foster child, leaving her with lifelong emotional scars. She sued the CFA for negligence and sought its social work file via a Freedom of Information request, but claims the CFA provided only parts of the file with excessive redaction. In July 2020 she complained to the DPC, expecting a prompt decision, but after 15 months she had not received any update.
2021-11-01 · Limerick
Three serving members of the 12 Infantry Battalion, 1st Brigade of the Permanent Defence Forces, stationed at Sarsfield Barracks in Limerick, have initiated High Court proceedings challenging a decision to prevent them from graduating to the next stage of their training. The applicants, represented by SC Gerard Humphreys SC and Tim Dixon BL, instructed by solicitor Owen Swaine, deny allegations of assaulting and intimidating a fellow recruit in July. They claim that despite being informed they had successfully completed recruit training, they were barred from passing out on August 25 following a complaint reported to the Military Police on September 15. Counsel stated that no disciplinary charges have been brought, yet the men remain confined to barracks in a state of limbo without having been formally heard. The applicants seek a judicial review against the Minister for Defence, Ireland, and the Attorney General, requesting an order quashing the decision to block their graduation pending the Military Police investigation. They also seek declarations that their suspension constitutes a disproportionate penalty breaching their rights to a fair hearing, as well as violations of their Constitutional and European Convention on Human Rights rights. The matter came before Mr Justice Charles Meenan on Monday. On an ex-parte basis, the judge directed that the application be heard in the presence of lawyers for the respondents. Citing the urgency of the matter, the judge adjourned the case to a date next week.
2021-11-01 · Louth
In a High Court hearing on 1 November 2021, Mr Justice Charles Meenan directed that an application to challenge the Minister for Health's refusal to launch a public inquiry into Covid‑19 deaths in care homes must be made in the presence of State lawyers. The action, brought by 19 individuals who lost relatives to Covid‑19 in care homes, seeks to overturn the Minister's June 2021 decision not to establish an investigation. The applicants argue the refusal is contrary to the public interest, unfair, unreasonable and disproportionate, and that it breaches the Irish Constitution and the European Convention on Human Rights. They request an order quashing the decision, a declaration that an inquiry is required under constitutional and human‑rights provisions, and that the refusal is unlawful, unconstitutional and infringes their rights.
2021-10-29 · Roscommon
The High Court heard submissions on whether Roscommon County Council has breached a settlement agreement relating to a flood relief scheme involving a pipeline between Lough Funshinagh and Lough Ree. The Friends of the Irish Environment seeks an order to have the council's chief executive, Eugene Cummins, brought before the court on contempt allegations. FIE contends the council failed to comply with a Remediation Plan agreed in August following judicial review proceedings. The council denies breaching the agreement and maintains it has completed or substantially progressed remedial phases, with delays attributed to weather and pending facility identification. Mr Cummins objected to FIE's characterisation of the council's actions, stating the organisation used extreme language without disclosing contextual facts. The case concerns a proposed pipeline intended to protect homes from flooding. Mr Justice Garrett Simons adjourned the matter for hearing on the following Tuesday and determined that Mr Cummins need not attend.
2021-10-27 · Roscommon
Friends of the Irish Environment (FIE) has claimed before the High Court that Roscommon County Council is in contempt of court for allegedly breaching an agreement regarding a flood relief scheme. The dispute concerns the Council's plan to construct a 3km pipeline transferring water from Lough Funshinagh to Lough Ree, located 12km north of Athlone. FIE seeks an order for the Council's CEO, Mr Eugene Cummins, to be attached and brought before the court to answer the alleged contempt. Last August, the court granted FIE a temporary order halting works. The matter was subsequently resolved before a hearing when the Council consented to orders quashing its decision to permit the works, agreed to remediate the affected lands, and paid FIE's costs. A Remediation Plan was agreed between the parties. However, FIE alleges that on October 14, the Council used section 152 of the 2001 Local Government Act to authorise the pipeline's construction without consulting FIE. FIE claims the Council has taken no substantive steps to comply with the Remediation Plan by reusing previously constructed pipeline and manholes. FIE states it requested the Council to desist from these steps, but the request was not complied with. The matter came before Mr Justice Garrett Simons on Wednesday, where FIE's counsel, Jon Kenny BL, instructed by Eoin Brady of FP Logue Solicitors, presented the claim of contempt arising from the alleged breach of the August orders.
2021-10-22 · Dublin
IEGP Management Company, which runs the Ivy Exchange complex on Parnell Street, Dublin, has filed a claim in the fast‑track Commercial Court seeking over €800,000 in unpaid service charges from JOM Investments Unlimited Company, a firm linked to the Cosgrave family of builders. IEGP alleges it raised charges to cover remedial work for alleged fire‑safety defects in the development, work it says is necessary to keep the properties insurable and to mitigate danger to life and property. The company says it has received only 5 % of the amount it claims is owed. JOM denies the allegations, stating that all charges have been paid in full and on time, and argues the claim is an attempt by IEGP to fund the legal costs of separate 2018 proceedings.
2021-10-22 · Ireland
In a High Court hearing on 22 October 2021, the Office of the Director of Corporate Enforcement (ODCE) expressed scepticism that about 1,100 documents seized from former FAI CEO John Delaney are protected by Legal Professional Privilege (LPP). The ODCE, which seized 280,000 documents from the FAI in February 2020, seeks to use the material in its ongoing criminal investigation but argues that many documents may not be privileged because some were sent to non‑lawyers. Delaney, represented by Paul McGarry SC, contends that the documents contain legal advice given to him during litigation while he was with the Association and therefore should be privileged. The ODCE has requested details of any outstanding litigation involving Delaney and has asked the court to order him to provide this information within two weeks. Justice Leonie Reynolds directed that Delaney's lawyers be granted five days' access to the seized material so he can comply with the order.
2021-10-21 · Dublin
In a High Court hearing on 21 October 2021, the court considered the ongoing dispute between residents of O'Reilly Avenue, Ceannt Fort and Mount Brown in Dublin 8 and the National Paediatric Hospital Development Board together with builders BAM Civil Ltd and BAM Civil Engineering Ltd. The residents alleged that the construction of the €1bn National Children's Hospital had caused significant damage to their homes. The defendants denied these claims. The case, which had previously been resolved and then re‑entered, was adjourned to allow mediation led by retired judge Paul Gilligan. Mr Justice Mark Sanfey reported that "very significant progress" was being made in the mediation, though no details were disclosed. The court also heard that an application to add eight further residents as plaintiffs was granted, as all parties consented. The matter was adjourned to a date next month.
2021-10-08 · Dublin
In a Dublin Circuit Criminal Court hearing, Ioan Ovidiu (54) was found guilty of attempting to meet a child for sexual activity after responding to a fake child's profile on the adult dating site Fastmeet. The profile was operated by a volunteer group that set up decoy accounts to catch online predators. Ovidiu was told the woman was 14 and sent a photograph of a teenager to support this claim. He continued communication, requesting explicit images and sending his own. An arrangement was made to meet at a supermarket in Mulhuddart on 27 May 2018. He was confronted by a hostile crowd, restrained, and taken to a Garda station. A forensic analysis of his phone revealed an image of a naked adult male touching a child's genitals, estimated to be about nine years old.
2021-10-04 · Wicklow
The Lott family, represented by solicitor Pauric Hyland, delivered a statement outside the Criminal Courts of Justice following the sentencing of the man convicted of murdering beauty therapist Nadine Lott. They expressed that the sentence cannot bring true justice, fix what has been broken, or recover what has been lost, describing the loss as brutal and needless. The family thanked detectives, Gardaí, the DPP, medical personnel, first responders, the ambulance service, St Vincent's Hospital staff, friends from Arklow and across Ireland, the clergy, the media, and the court and justice system for their support and sensitivity. They highlighted Nadine's love of life, her role as a daughter, mother, sister, and friend, and affirmed that she will never be forgotten. The statement was delivered with the family present, wearing black face‑masks with "Nadine" in pink.
2021-07-30 · Kildare
Caroline Teltsch, a UK businesswoman, has taken the High Court to claim she was defrauded by former business partner James Buckley and his wife Paula. She alleges that between 2010 and 2018 the Buckleys engaged in confidence trickery, emotional manipulation and financial exploitation, causing her to advance over €2 million in loans that were never repaid. Teltsch says the money was used for a range of ventures, including the purchase of Jessbrook Stables (now Emerald Stables) for just under €450 000, refurbishment of stables in Co. Carlow, and personal expenses such as cars, medical bills and flights to New York. She seeks a judgment of just over €1 million, damages for breach of contract, and a declaration that the partnership with the Buckleys has been dissolved. Teltsch also applied for a Mareva injunction to prevent the Buckleys from reducing their assets below €1 million, but the court dismissed the application, noting that the defendants had not yet moved overseas.
2021-07-28 · Ireland
A deaf primary‑school boy, represented by his father, has taken the High Court to compel the Minister for Education and his school to give him a full‑time qualified Irish Sign Language (ISL) teacher. The boy, who has been deaf since birth, is said to need an ISL teacher to receive an adequate education. His parents claim they have sought this support for years but have not received it. The school had at one time employed an ISL‑qualified teacher, but that teacher's contract lacked benefits such as paid leave. More recently, Special Needs Assistants have been hired, some of whom lack proper qualifications, and a qualified candidate declined the role because of low pay.
2021-07-26 · Ireland
In a High Court challenge, 19 people from across Ireland have sued the State over the Minister for Health's decision on 28 June not to launch a public inquiry into Covid‑19 deaths in care homes. The applicants, many of whom lost relatives to the virus while in care homes, allege that the refusal to investigate is contrary to the Irish Constitution and the European Convention on Human Rights. They argue that an inquiry would establish facts, enable learning, provide accountability, rebuild confidence in the sector and prevent future incidents. The applicants seek an order quashing the June decision, damages, and declarations that the refusal is unlawful, unconstitutional and breaches their rights. The case was briefly considered ex‑parte by Mr Justice Charles Meenan, who noted the lack of medical evidence supporting claims of inadequate care and adjourned the matter for further review. The court will consider the documents later this week.
2021-07-23 · Dublin
In July 2021, reporters Allison Morris and Aoife Moore sued Twitter and former columnist Eoghan Harris for defamation. They seek damages and an injunction to stop further defamatory statements. Their case includes a 'Norwich Pharmacal' order demanding Twitter disclose identities, IP addresses, phone numbers, e‑mail addresses, and other contact details of those who controlled, used, or contributed to the named accounts, notably @barbarapym2. Harris, represented by Hugh McDowell, admits authorship of the account but denies the posts are defamatory. The reporters also want Harris to reveal the group of people who managed the accounts. The High Court, presided over by Justice Senan Allen, postponed the hearing to October after Twitter and the lawyers could not agree on the wording of the orders. The court ordered all parties to submit legal documents and sworn statements before the hearing date.
2021-07-23 · Ireland
The family of Cameron Blair, a student murdered in 2021, issued a statement calling for an end to violent knife crime. Cameron's uncle, Aidan Donnelly, read the statement outside the Criminal Courts of Justice, expressing the family's grief and fear that other families might soon receive a similar call. He noted that three individuals were involved in the hostile environment that led to Blair's death and that they have now been dealt with. Donnelly thanked Justice Keane for his verdict and Justice Paul McDermott for prior involvement, as well as the Gardaí and state legal team for their work. He also thanked neighbours, friends and strangers for their support over the past 18 months, urging that the memory of Cameron be honoured by living well. The statement emphasised the need for the violence to stop.
2021-07-20 · Ireland
A High Court judge has reserved judgement on whether 1,120 documents seized from the FAI by the ODCE can be used in an ongoing criminal investigation. The ODCE seeks court orders to examine the material, arguing it is not covered by Legal Professional Privilege (LPP). John Delaney, former FAI CEO and notice party to the directions action, opposes the request, claiming the documents are protected by LPP and should not be disclosed. The ODCE's application follows a larger seizure of 283,000 documents covering 17 years. After extensive submissions, Justice Leonie Reynolds noted the ODCE's urgency and that there is no dispute between the FAI and ODCE over LPP coverage. She reserved her decision, stating she would decide as soon as possible. The case remains pending.
2021-07-20 · Limerick
A High Court dispute concerning the use of the name 'Limerick Whiskey' has been resolved. The action was brought by Mr Nicholas Ryan and Limerick Spirits Company Ltd against Mssrs Anthony Foote, Liam McInerney, and Michael Fitzgerald, along with Limerick Distillery Company Ltd. The plaintiffs sought injunctions to prevent the defendants from using the 'Limerick Whiskey' name, restraining them from using allegedly confidential information, and prohibiting them from representing that their products were approved by the plaintiffs. Additionally, the plaintiffs sought orders to delete or surrender social media channels, web domains, and trademarks referring to the brand. The defendants denied any wrongdoing, arguing the claims were baseless and that no sensitive information was disclosed during 2019 discussions. Mr Justice Senan Allen had previously granted permission for the proceedings. On Tuesday, the matter returned before the judge, where counsel for the defendants, Paul Coughlan BL, informed the court that the dispute had been resolved and the proceedings could be struck out. No details of the settlement arrangement were disclosed in open court. The court accepted the resolution, effectively concluding the litigation without a final judgment on the merits.
2021-07-19 · Dublin
Three security firms – Top Security Ltd, Morbury Ltd and Las Security Ltd – have lodged a High Court challenge to a Ministerial order that would introduce a new Employment Regulation Order for the security industry, set to take effect on 1 September. The firms argue that the process that produced the order was flawed, favouring large employers, creating an anti‑competitive outcome and potentially reducing employment. They contend that the market should determine pay rates for security operatives, allowing different rates for varying qualifications and employment situations. The order, approved by the Minister after a recommendation from the Labour Court, was based on proposals from the Security Industry Joint Labour Committee, which includes union representatives and large security firms. The applicants claim the process lacked transparency, that they were not represented on the Committee, and that no reasons were given for rejecting their submissions.