In a High Court decision on 16 July 2021, Mr Justice Brian O'Moore lifted a Lis Pendens that had been registered over three Dublin development sites: Glebe House and Lands on St Agnes Road, Crumlin; Annesley House, Rathmines; and the former Europa Motors site on Newtown Avenue, Blackrock. The notice had been placed by builder Mr Johnny O'Loughlin and Mount Pleasant Development Ltd (MPD) against Mr Michael Moran and several companies in which he is a director. The plaintiffs claimed the Lis had stalled development plans, including financing, sales of over 20 units in Annesley Gardens and a joint venture for 150 apartments in Crumlin, and had also impacted plans for 100 apartments in Blackrock. The defendants, represented by Garry McCarthy SC, sought to vacate the notice, arguing it was not bona fide and had hindered their development objectives. Mr O'Moore agreed to grant the defendants' request to vacate the Lis Pendens, with full reasons to be given later.
Charity Bothar seeks to add the estate of its late founder Peter Ireton as a co‑defendant in High Court proceedings against former CEO David Moloney. Bothar alleges Moloney misappropriated charity funds for personal use, admitting he spent the money on family holidays and friends, never depositing it in a bank. He also claims some misappropriated money was paid to others, including the deceased Ireton. Bothar has secured a freezing order preventing Moloney from reducing his assets below €1.1 million. The court has scheduled a hearing on the motion to add Ireton's estate for October, after the summer recess, and has deferred a decision on whether Moloney's wife Olive should be named a notice party. Moloney, who resigned as CEO in February, has expressed remorse for the damage caused. Bothar's board has suspended fundraising activities following the discovery of the misappropriations.
Gemma O'Doherty was ordered by a High Court judge to remove three videos she posted online that were deemed defamatory. The videos alleged that staff at Dublin's Beaumont Hospital were forced to receive experimental Covid‑19 injections, that the hospital had killed thousands, harassed unvaccinated staff, and employed "psychopaths" who had committed crimes against humanity. The judge found no reasonable defence for O'Doherty and ruled that the statements were devoid of substance. He emphasised that while journalists have a duty to report on matters of public interest, they must not recklessly impugn others' good names. The court did not prohibit O'Doherty from publishing about the hospital or its director, but the injunctions to remove the videos remain pending the full hearing of the defamation action. The case was brought by the hospital and its director of nursing, represented by Eoin McCullough SC and Michael Binchy BL.
More than 270 High Court cases involving investor losses from the collapsed UK property investment scheme "Belfry Funds" were settled on confidential terms. The settlement was announced before the High Court on Thursday morning. The lead case, brought by 83‑year‑old investor Ms Bernadette Goodwin, had been adjourned to allow out‑of‑court settlement talks. When the matter returned before Mr Justice Brian O'Moore, counsel John O Donnell SC for Ms Goodwin said the parties had used the time productively and that all cases had been resolved. The court could strike out all actions, vacate previous cost orders, and, on consent, withdraw allegations of fraudulent concealment. The investors had claimed damages for alleged negligence in the operation of the funds, which the defendants denied. Mr Justice O'Moore praised the parties' extraordinary work and noted that the cases had been pending for a long time.
The High Court has opened a hearing to decide the amount of losses owed to four publicans who won test actions against FBD for failing to pay business‑disruption claims caused by Covid‑19. The plaintiffs are Aberken (Sinnott's Bar), Hyper Trust Ltd (The Leopardstown Inn), Inn on Hibernian Way Ltd (Lemon & Duke) and Leinster Overview Concepts Ltd (Sean's Bar). Mr Justice Denis McDonald earlier ruled that FBD's policy covered losses from closures due to the pandemic and that the term 'closure' includes partial shutdowns. The current hearing, also before Mr Justice McDonald, will last about two weeks and will consider issues such as partial closure, staff costs, late payments, trends, under‑insurance and capital expenses. The court will hear evidence on how each issue applies to each pub, noting that Sean's Bar was closed from March 2020 to June 2021 and that partial closure was not relevant to it. The hearing continues.
In a Dublin Circuit Criminal Court hearing, a 65‑year‑old man was found to have engaged in an online sexual fantasy with a Canadian stranger named 'Bill' about raping his two granddaughters, aged seven and two. The conversation, discovered on the man's laptop after Gardaí searched his home for child abuse material, included the man describing the rape in detail and sending photographs of his granddaughters to 'Bill'. Two copies of a child abuse image were also recovered from the laptop; the image was a Category 2 depiction of sexual activity between an adult man and a boy. The man pleaded guilty to one count of knowingly possessing child pornography and one count of knowingly distributing child pornography, both dated to October 2017. He had no prior convictions. The case was adjourned to 11 November for finalisation.
A male secondary school teacher has lodged a High Court challenge against the Garda Vetting Bureau's decision to disclose allegations of sexual impropriety to the Teaching Council. The teacher, who denies any wrongdoing, argues that the bureau's decision was flawed because it relied on documents that he and his lawyers were not given access to. The allegations, made to the Gardai in 2013, claim that he had inappropriately massaged the backs of two female children who were not his students. The teacher's counsel notes that the Garda Vetting Bureau had previously cleared him in 2006 and 2016, but the 2013 allegations were apparently omitted from consideration. The teacher seeks declarations that the bureau's procedures violated his ECHR and constitutional rights, and the court has granted a stay on the disclosure process pending the case's determination. The teacher's record is described as exemplary, and he fears the disclosure would have a devastating effect on his career.
The High Court approved Personal Insolvency arrangements for former newspaper owner John Sheils and his wife Susan Casey, allowing them to keep and continue paying mortgage on their 702‑sq‑m house, Annamult House, in Bennetsbridge, Co. Kilkenny, until they reach their mid‑eights. The house, rebuilt after a 2009 fire, also serves as their business venue. They owe about €2.9 million to creditors including Start Mortgages, Pepper Finance, AIB, Bank of Ireland, Everyday Finance and Promontoria Oyster. Under the PIA, they will make mortgage repayments for 336 months (28 years). To fund the arrangement, they will sell assets such as a Blackrock house and a Lucan site, and write off roughly €70,000 of debt. The PIA, lasting 13 months, aims to restore solvency after completion. The judge, Mr Justice Mark Sanfey, expressed some hesitation about the long repayment period but approved the plan due to creditor support.
In a High Court case, Portakabin Ltd and Portakabin (Ireland) Ltd obtained a Norwich Pharmacal order from Mr Justice Senan Allen, directing Google to disclose details of the Gmail account irishpeople2021@gmail.com. The order requires Google to provide the account holder's address, telephone number, any other email address, credit card information, IP address and timestamps. Portakabin seeks this information to identify the sender of alleged defamatory messages sent in March and April, which they claim caused serious damage to their business. The judge noted that the author, who identified themselves as a whistle‑blower, had deleted the account and requested the court not to enforce the order. The judge rejected the claim of anonymity under the 2014 Protected Disclosures Act, concluding that no legal right to anonymous letters exists. The order was granted to enable Portakabin to pursue legal or disciplinary action against the author. The case remains at the order stage.
Rose Wall, Chief Executive of Community Law & Mediation, confirmed that a High Court judicial review has been settled after the Department of Justice changed legal aid criteria. The applicant, an unnamed mother of two reliant on social welfare payments, challenged the Legal Aid Board's refusal to fund her family law proceedings against her allegedly violent former partner. The Board had classified her Housing Assistance Payment (HAP) as income, placing her above the financial threshold for aid. The applicant argued this decision was erroneous, noting that HAP is paid directly to landlords and constitutes social housing support rather than personal income. She claimed the Board failed to consider her lack of means and the nature of the payment. The internal appeal was rejected in October 2021, but the applicant secured permission to bring the challenge in January. The matter was resolved following out-of-court talks after the Department announced that HAP and other social housing supports, including Rental Accommodation Scheme and Rent Supplement, are now excluded from legal aid entitlement calculations. Ms. Wall welcomed the settlement and the immediate policy change, encouraging previously refused applicants to reapply. She also noted the Department's plans to review the Civil Legal Aid Scheme, hoping for further reforms to improve access to justice for disadvantaged individuals.
The High Court, on 29 June 2021, ordered Google‑owned Chronicle Security Ireland Ltd and its parent Chronicle LLC to provide the HSE with details of subscribers who uploaded or downloaded stolen patient data and other confidential material onto the malware‑analysis service VirusTotal. The judge, Mr Justice Senan Allen, was satisfied by evidence that about 27 files stolen from the HSE were uploaded to VirusTotal in May, and that the material was downloaded 23 times before being removed on 25 May. The order, a Norwich Pharmacal order, requires the defendants to disclose subscriber information such as email addresses, phone numbers, IP addresses or physical addresses. Chronicle, through its lawyers, said it would comply but could not release details without a court order. The HSE sought the return of the data and an explanation of the link used to access it, following a Financial Times article that claimed to have obtained the data from a confidential source.
In a High Court judicial review, company director Nicola Byrne challenges Fingal County Council's decision to pedestrianise New Street in Malahide Village. The council's plan, which took effect over the June Bank Holiday weekend, was intended to support open‑air dining but Byrne argues it lacks legal authority, as it is not included in the Fingal County Council Development Plan or the Malahide Public Realm Strategy. She contends the pedestrianisation will divert traffic onto narrow streets unsuitable for cycling and walking, and that the council failed to conduct an appropriate environmental screening. Byrne also cites complaints of anti‑social behaviour, loss of business, and the council's claim that the 2020 pedestrianisation was a failure. She seeks orders to quash the decision and declarations of its invalidity. Permission to bring the challenge was granted ex‑parte by Mr Justice Charles Meenan, with the case set for a hearing in October and discussions underway regarding a stay of the decision.
In a High Court hearing on 25 June 2021, Mr Justice Tony O'Connor considered the HSE's claim that confidential patient data stolen in a cyber‑attack was downloaded 23 times from the malware‑analysis service VirusTotal, run by Chronicle Security Ireland Ltd and its US parent Chronicle LLC, a Google‑owned firm. The HSE said the 27 stolen files were uploaded to VirusTotal in late May, deleted on 25 May, but had already been downloaded by 23 subscribers. The HSE seeks a Norwich Pharmacal order compelling the two companies to disclose the identities of those who uploaded or downloaded the material, including email addresses, phone numbers, IP addresses or physical addresses. The HSE obtained a High Court order on 20 May restraining any sharing, processing, selling or publishing of the stolen data.
Sean Dunne and an Isle of Man trust have applied to the High Court to set aside freezing orders that were obtained by his children. The orders, granted last month, prevent the defendants from selling or dissipating the proceeds of sale of two valuable properties at Churchfields, Straffon, Co Kildare, and from dealing with the proceeds of one of those sales, which was sold for about €1 million. Traviata Ltd, a company registered in the Isle of Man and fully owned by the SD Trust, and Bessilton Holdings Ltd, the registered owner of the properties, are the parties subject to the injunctions. Mr Dunne, who now lives in the UK, argues that the injunctions are fraudulent and that the assets belong to the trust, not to him.
An action by Premier Dale Limited, trading as The Devlin Hotel, has been brought before the Commercial Court after its insurer, RSA Insurance Ireland DAC, refused to pay a business interruption claim arising from the hotel's closure in March 2020 due to the Covid‑19 pandemic. The hotel, part of the Press Up group, argues that the refusal amounts to a breach of its 2019 insurance contract, which it says entitles it to indemnity for losses exceeding €1 million. RSA contends that the policy requires an outbreak of a notifiable infectious disease on the premises, which did not occur, and therefore it is not obliged to pay. The hotel seeks damages for breach of contract, negligence and negligent misrepresentation, a declaration of its entitlement to indemnity, and an order restraining RSA from refusing to indemnify it.
In a High Court hearing on 21 June 2021, two members of the Irish Traveller Community, Ellen Delaney and Mary O'Reilly, brought a judicial review against Waterford City and County Council. The council's elected members had voted 16‑2 in March 2020 to refuse to build a seven‑bay halting site on Carrickpherish Road. The applicants argue the decision was flawed, lacking proper reasons, and was made after the council's Chief Executive had recommended construction in February 2021. They claim the council relied on erroneous assertions, such as the site being a Covid‑19 assistance measure, and ignored the overcrowding of a nearby Traveller group housing scheme. The applicants seek an order quashing the decision, declarations that no reasons were given, that the decision was irrational and unreasonable, and that it breached local housing obligations, human rights legislation, Traveller Accommodation laws and the 2014 Human Rights and Equality Commission Act.
A building contractor, Sepam Solutions Limited, secured High Court orders against subcontractors MDLR Ltd and Titin Ltd, claiming their actions delayed a new vaccine plant at the IDA Science and Technology Park in Dundalk. Sepam, contracted to provide plumbing, mechanical and electrical works, alleges MDLR has retained essential equipment and Titin has withheld a six‑figure down‑payment. The court granted injunctions requiring the defendants to return the equipment and the down‑payment, and to prevent them from reducing assets below €500,000 or dealing with the payment. The orders were issued by Mr Justice Senan Allen after the defendants failed to appear. Sepam says the delays of 12 to 16 weeks damage its reputation and threaten its contract to build the plant for WuXi Vaccines Ireland Ltd, which will employ about 200 people and produce Dengue vaccines for Merck, Sharp and Dohme. The plant is part of a biopharmaceutical facility in Mullagharlin, Dundalk, Co. Louth.
Gemma O'Doherty opposed a High Court injunction sought by Dublin's Beaumont Hospital to remove videos she posted online. The hospital, represented by Director of Nursing Ms Marie Murray, claimed the videos alleged staff were forced to receive experimental Covid‑19 injections that killed thousands, and that O'Doherty described the hospital as a "death camp" and made other defamatory statements. O'Doherty argued the injunction was "spurious and outrageous", a waste of public money, and that her videos were based on scientific facts and whistle‑blower testimony. She maintained she was a journalist reporting on staff experiences and would not be silenced. The court heard submissions from both sides and reserved judgment, with the judge to deliver a decision soon. The case remains at the injunction stage, with no outcome yet announced.
In a High Court case, Curzon Livestock Limited, a Cork‑registered company that exports livestock to Libya and other North African countries, challenged a government ban on all live animal exports during July and August 2021. The company argued the ban had no legal basis, was irrational, unreasonable, unlawful and beyond the Minister's powers, and that it ignored the safeguards it normally applies. It sought orders to quash the ban and declarations of its illegality. The court had earlier required the application to be made on notice to the respondents. In March, the court heard that the Minister had issued a hot‑weather notification banning all live animal exports to North Africa for the two months, a ban also confirmed in other communications. The case was adjourned to October after the parties reached a confidential compromise, with the court noting the action had been settled on confidential terms. The company's legal team was David Holland SC of Cantillon solicitors.
The High Court has quashed An Bord Pleanála's decision to grant planning permission for a large-scale wind farm proposed near Lanesborough, County Longford. The development, which was to be built on bogland at Mountdillion Peat Production Bog by a Bord na Móna subsidiary, comprised 24 turbines with a maximum tip height of 185 metres. Mr Justice Richard Humphreys upheld a judicial review challenge brought by environmentalist Peter Sweetman, finding that the application lacked sufficient detail regarding the turbines' design contrary to planning regulations. The judge noted that turbine heights and blade lengths had been specified only as maximum dimensions rather than actual proposed measurements. He rejected the board's defence that a worst-case scenario assessment was adequate, stating that applicants cannot seek permission for open-ended projects. The court dismissed several other grounds of Mr Sweetman's challenge, including arguments regarding common sense and constitutionality.
A Canadian medical doctor who had flown back to Ireland from Canada to undergo urgent tonsil surgery was released from mandatory hotel quarantine after a High Court hearing. The doctor, who had been working in Irish hospitals for several years, had challenged the legality of his detention under Article 40 of the Constitution, arguing that he was exempt from quarantine because of his medical condition. He had returned to Ireland after a flare‑up of a tonsil problem that required surgery by a Dublin consultant. He had tested negative for Covid‑19 before arrival and was told he would have to stay in a hotel for up to 14 days because Canada is a designated country. His appeal against the quarantine order was dismissed, but the court found the matter moot after his release and adjourned the case for a later hearing. The only remaining issue is the cost of the proceedings.
A retired businessman, who cannot be named for legal reasons and now lives outside Ireland, has filed a High Court challenge against provisional findings made by the Child and Family's Agency/Tusla (CFA/Tusla). The agency had earlier this year concluded that allegations that he sexually abused a younger brother and sister more than 40 years ago were "founded" and that he might pose a risk to children. The man denies the allegations and argues that because he no longer resides in Ireland and has no contact with children, CFA/Tusla lacks jurisdiction to make findings against him or to assess him as a potential risk. He seeks orders to quash the provisional findings, to prevent further determinations that the claims are founded, and to declare that any assessment would be unlawful.
In a High Court hearing on 11 June 2021, Sepam Solutions Limited, contracted to supply plumbing, mechanical and electrical works for a vaccine plant at the IDA Science and Technology Park in Dundalk, claimed that its subcontractors MDLR Ltd and Titin Ltd had breached their agreements. Sepam alleged that MDLR had retained essential equipment supplied by the plaintiff, while Titin had refused to return an €830,000 down payment made for specialised materials. The dispute has caused a delay of 12 to 16 weeks in the plant's construction, which is intended to produce Dengue fever vaccines for Merck, Sharp & Dohme. Sepam seeks an injunction ordering the defendants to return the equipment and the down payment, and to prevent them from reducing the value of their assets below €830,000. Mr Justice Senan Allen granted Sepam permission to serve a short notice of the injunction application, with the case set to return later in the month.
In a case involving Portakabin Ltd and Portakabin (Ireland) Ltd, the companies sought orders from Google Ireland Ltd to disclose information about a Gmail account, irishpeople2021@gmail.com, that allegedly sent defamatory messages to customers in March and April 2021. The application was presented to Mr Justice Senan Allen, who noted that he had received an anonymous letter from a person claiming to be the account holder. The letter, sent by registered post, identified the author as a "whistleblower" and requested that the court not issue the orders, citing an inability to afford a solicitor. The author claimed the account had been deleted and promised no further communications. Portakabin's lawyers argued that the author's actions were not whistleblowing but defamatory, and they urged the court to grant the orders. Mr Justice Allen said he would consider the application and decide later.
In High Court civil proceedings brought by Bóthar against former CEO David Moloney, the matter was adjourned to a date next month. Bóthar claims Moloney misappropriated hundreds of thousands of euro donated to the charity over a 21-year period for his own use. Moloney has admitted to this misappropriation, stating in a sworn statement that he spent the cash on family holidays and friends, and claims much of it was paid to others, including the late Bóthar founder Peter Ireton. Bóthar does not accept these explanations. At the hearing before Mr Justice Senan Allen, Moloney's previous lawyers came off record. Moloney stated he had approached the Legal Aid centre in Limerick and requested an adjournment to determine if his application for legal aid is successful. Bóthar's counsel, Frank Beatty SC, also sought an adjournment, noting that investigations into the complex matters regarding the missing monies are continuing and that other parties may be added later. The court also heard that Moloney's wife, Olive, against whom no allegations of wrongdoing have been made, is considering her own proceedings regarding her interest in his assets. Mr Justice Allen deferred any decision to formally join Mrs Moloney to the proceedings. The judge agreed to adjourn the case, noting it could return before the scheduled date if necessary.
Mr Justice David Barniville admitted a dispute between builder Johnny O'Loughlin and Mount Pleasant Development Ltd (MPD) against Michael Moran and his associated companies to the fast-track Commercial Court list. The applicants seek declarations that they hold interests in three Dublin development sites—Glebe House in Crumlin, Annesley House in Rathmines, and the former Europa Motors site in Blackrock—and that the defendants hold these properties in trust. They also claim damages for alleged breach of contract and intentional interference with economic interests. The defendants deny these claims. Counsel for the defendants, Gary McCarthy SC, argued for the commercial listing, stating that a registered lis pendens has paralysed development plans. He noted that the lis pendens is preventing the completion of sales for five units at Annesley Gardens, valued at €7.36m, and is blocking further finance for the site. It also halts a proposed joint venture for over 150 apartments in Crumlin and a forward sale of the Blackrock site, which is intended for 100 apartments. The applicants, represented by Andrew Walker BL, consented to the application. The court will return later this year for further proceedings.
Portakabin Ltd and Portakabin (Ireland) Ltd, manufacturers of modular buildings, have applied to the High Court for a Norwich Pharmacal order against Google Ireland Ltd. The company seeks details about a Gmail account, irishpeople2021@gmail.com, which it alleges has sent defamatory emails to its customers under the pseudonym 'John Smith'. The emails, beginning last month, contain untrue claims about the quality of Portakabin's products and services and are said to threaten the company's relationships with long‑standing customers. Portakabin requests contact information, credit card details, IP addresses and timestamps associated with the account. In a sworn statement, director Paul Newell noted that similar anonymous letters were sent in October 2020, prompting external consultants to investigate. The court granted permission to serve short notice of proceedings ex‑parte and adjourned the case to a June hearing. The company intends to pursue all legal remedies against the author of the emails.
In a High Court claim, Gastro Grub Limited, trading as Tuco's Taqueria in Galway, alleges that Deliveroo has defamed it by listing the restaurant as closed, not accepting orders, and busy on its website and app. The restaurant, which opened in 2015, had ended its partnership with Deliveroo in 2016 over commission disputes and entered an exclusive delivery agreement with another firm. Director Aonghus O'Flaherty says the false listings caused customer confusion and harmed the business's reputation. He has requested the court to issue injunctions preventing Deliveroo from using the restaurant's name, logo, or presenting itself as a delivery agent for Gastro Grub, and to remove all references to Tuco's Taqueria from Deliveroo's platform. The judge granted short‑notice service ex‑parte and adjourned the case to June.
In a High Court hearing on 18 May 2021, Justice Leonie Reynolds expressed her desire to conclude the determination of which documents seized by the ODCE from the FAI are protected by legal professional privilege (LPP) by the end of the legal year in July. The matter, which has been pending since February 2020, involves former FAI CEO John Delaney claiming LPP over various documents and emails seized by the ODCE. A confidential report prepared by barristers Niall Nolan BL and Patrick Mair BL, delivered to the judge by the Gardai, outlines the documents that may be covered by LPP. Justice Reynolds directed the parties to review the report and agree on the documents that are protected, aiming to reduce the number of disputed items for the court to rule on. She noted that the report is confidential and that any breach could have clear implications.
Sere Holdings Ltd has filed a High Court claim against the Health Service Executive (HSE) after being denied a €12 million contract to provide air ambulance services. The contract, awarded to IAS Medical Limited through a public tender, is worth €3 million per year over four years and is set to begin next month. Sere alleges that the HSE breached public procurement rules by awarding the contract to a rival that did not meet the minimum turnover requirements. The company seeks a declaration that the award was unlawful, an order suspending the contract's operation, and damages. The case was admitted to the fast‑track Commercial Court list by Mr Justice David Barniville, who also granted IAS Medical the option to join the proceedings as a notice party. The matter was adjourned to a hearing next month.
A dispute between minority shareholder Fulman Holdings SARL and the directors of Oviedo Ltd, a company with significant commercial property interests at Dublin Citywest Campus, has been admitted to the fast‑track Commercial Court list. Fulman, which owns 33.6% of Oviedo, alleges that the board, comprising Brendan Hickey, Hugh Lynn, James Brian Davy, Kyran McLaughlin and Martin Naughton, has acted oppressively, ignored shareholder rights, refused to answer questions about the company's business and assets, and denied an independent valuation. The action also names Davycrest Nominees, Lusaro Management Ltd, Neil Naughton, Fiona Naughton and Claire Hickey, though no wrongdoing is alleged against them. Fulman claims that non‑cash assets, business and about 30 subsidiaries of DHP were transferred to Oviedo in December 2020, valuing the business at roughly €39 million, but asserts the true value is higher. Fulman has offered an €80 million bid for Oviedo's assets to obtain information and has expressed concern over proposed asset sales.
Journalists Allison Morris of the Belfast Telegraph and Aoife Moore of the Irish Examiner have filed High Court proceedings against Twitter and former Sunday Independent columnist Eoghan Harris, alleging that tweets from several accounts have defamed them. They seek orders requiring Twitter to disclose information about the account holders, including IP addresses, telephone numbers, e‑mail addresses and other contact details, and to provide the identities of persons who controlled, used, curated or owned the accounts, notably the @barbarapym2 account. The journalists also request a Norwich Pharmacal order to compel Twitter to reveal the identities of those who republished or retweeted the alleged defamatory material. They claim the tweets, which began circulating in 2019, falsely described them as partisan, biased, supporters of terrorism, and supporters of Sinn Féin and the Provisional IRA, and that the allegations harmed their reputations, mental health and personal safety.
In a High Court hearing, former Bóthar CEO David Moloney admitted to taking cash donated to the charity over 21 years to fund his lifestyle, including family holidays and gifts to friends. He claimed he never deposited the money in a bank and did not keep any cash. Moloney said he had paid some of the misappropriated funds to others, including the late founder Peter Ireton, and that his wife Olive did not benefit from the money. He expressed remorse and said he was now on welfare. The court varied the freezing order from €769,000 to €1.1m, allowing Moloney to release €13,000 from a credit union account for legal fees and to make payments from his accounts for essential living expenses. Olive Moloney's applications to vary orders were dismissed. The case remains before the court next month.
In a High Court decision, a Personal Insolvency Arrangement (PIA) was approved for 54‑year‑old Esther Kirwan of Moycarkey, Thurles, allowing her to continue making mortgage repayments on her family home until age 90. Kirwan, a single shop assistant living in a three‑bedroom bungalow, owes €108,000, of which €83,000 is to Start Mortgages for a €145,000‑valued home, with the remainder to AIB and Revenue. Under the PIA, her mortgage is restructured and she will pay €214 monthly for 420 months to cover interest. The loan remains unchanged and is payable at the end of the term or upon her death, whichever comes first. The arrangement was supported by Start and had no creditor opposition, and the High Court upheld it after a Circuit Court refusal, citing the lack of a viable alternative for Kirwan. The judge highlighted that the PIA was a test case for extending mortgage terms in insolvency proceedings.
In a High Court hearing on 13 May 2021, Mr Justice Denis McDonald ruled that the hearing to determine the quantum of losses claimed by four publicans against FBD's business‑disruption policy must be held within the two weeks remaining in the current legal term. The judge said no extra time could be granted before the term's August end due to limited judicial resources. He also criticised "unhelpful" cost correspondence between FBD's solicitors and those of two of the publicans, Aberken and Hyper Trust, urging a more professional approach. The publicans—Aberken (Sinnotts Bar), Hyper Trust (The Leopardstown Inn), Inn on Hibernian Way (Lemon & Duke) and Leinster Overview Concepts (Sean's Bar)—had previously won test actions against FBD for failure to pay Covid‑related disruption claims. The court noted progress on final orders, costs and quantum issues, and the hearing on quantum will begin on 6 July, with the judge available for only two weeks before the term ends.
A man in his sixties, who cannot be named for legal reasons, has filed a High Court challenge against the Child and Family Agency (CFA) after the agency refused to rescind a Specified Information Notice issued to the Garda Vetting Bureau. He claims his sister falsely accused him of sexually abusing her during the early 1970s, allegations that arose after a family dispute over their late mother's estate. The man says the CFA's initial finding, made by a social worker, was based on a flawed investigation that did not properly consider his denials or the context of the family conflict. An appeal panel later ruled that his denials had not been adequately taken into account and that the social worker's statement about lack of evidence was incorrect. Despite this, the CFA has not rescinded the notice.
The High Court will receive a report next week from independent barristers Niall Nolan BL and Patrick Mair BL. The report will recommend which documents seized by the Office of the Director of Corporate Enforcement (ODCE) from the FAI should be considered legally professional privileged and therefore cannot be used in the ODCE's criminal investigation. The documents in question include about 280,000 files covering a 17‑year period, with claims of privilege made on roughly 1,000 FAI documents and over 3,500 Mr John Delaney documents. The report will be delivered to Justice Leonie Reynolds on Monday and will not contain any of the privileged documents. The matter was adjourned to the following Tuesday, and the court noted that discussions will continue to resolve any remaining issues, including Mr Delaney's request for a private hearing. The proceedings remain open to the public.
In a High Court hearing, the landlord of a unit in the Charlesland Shopping Centre, where Ms Sinead Connolly's Sin E Hair and Beauty Salon had operated for over a decade, asserted that he was fully and legally entitled to re‑enter the premises and change the locks. The dispute centres on alleged arrears of about €77,000. Ms Connolly, who has secured a new premises but it will not be ready for another month, sought orders allowing her and her staff temporary access to retrieve equipment and to serve customers for four weeks. She claimed that agents of the landlord entered the salon and changed the locks. The court heard that the landlord, represented by Eoghan Cole BL, had engaged a security company and re‑entered the property peacefully, a fact he confirmed in a sworn statement. Mr Justice Senan Allen adjourned the matter to allow Ms Connolly to consider and reply to the affidavit.
Ms Sinead Connolly, operator of Sin E Hair and Beauty Salon in Greystones, has applied to the High Court for a temporary order allowing her to return to her premises after her landlord, Mr Peter McLaughlin, allegedly changed the locks. Connolly claims the salon has been closed since lockdown and that she and her four staff cannot access the premises. She argues the salon is compliant with Covid‑19 regulations and that she has been paying a market rent of €20,000, while the landlord claims arrears of €77,000 based on a former "Celtic Tiger" rent of €36,800. Connolly, who has entered a Personal Insolvency Arrangement, seeks an injunction for about six weeks and the return of her equipment. The judge declined to grant an injunction but allowed Connolly to serve short notice on the landlord's lawyers, with the case adjourned to early next week.
A South Dublin residents group, the Pembroke Road Association, has brought a judicial review before the High Court to challenge a planning permission granted to Derryroe Ltd for 105 apartments and ten apart‑hotel bedrooms on a site at 36, 38 and 40 Herbert Park Road, Ballsbridge. The site includes the demolished former home of 1916 Rising leader Michael Joseph O'Rahilly, known as 'The O'Rahilly'. The group, represented by James Devlin SC and solicitor Fred Logue, seeks an order quashing the permission, arguing that the Board failed to consider the cultural significance of the site under the Environmental Impact Assessment Directive. They also contend the development does not meet open‑space criteria in the Dublin City Development Plan, exceeds permitted height limits, and that the developer did not comply with mandatory pre‑application consultation under the Planning and Development (Housing) and Residential Tenancies Act 2016.
Titus Williams, a businessman from Springfield, Missouri, claims that 33.7 Bitcoin he purchased in February 2021 were stolen from his personal blockchain wallet a few days later. He alleges that 2.89 of those Bitcoin, worth over US$160,000, were transferred to an unknown account and to an account held by Coinbase Europe Ltd, an Irish‑registered subsidiary of Coinbase Global. Williams has filed complaints with the FBI and local police and engaged a cryptographic tracing firm. He applied to the High Court in Dublin for a Norwich‑Pharmacal order directing Coinbase Europe to disclose all information that would identify the unknown account holder, and to provide that information within a week. The court, hearing that Coinbase Europe had agreed to comply, granted the order, allowing Williams to pursue further legal action once the identity of the account holder is known.
Receiver Mr Declan Taite, of Duff and Phelps, applied to the High Court for an injunction against businesswoman Mairead Barry, alleging she engaged in intimidation and made threats against him, his family, and employees. Mr Taite claims Ms Barry threatened to drive her vehicle through the firm's front window and seeks orders preventing her from attending or entering their Stephen's Green offices. The matter was heard before Mr Justice Allen, where Ms Barry, representing herself, denied the allegations and stated she wished to bring a counterclaim to clear her name. She offered undertakings to stay away from the offices and communicate only via solicitors. While she opposed a general adjournment, Ms Barry requested a six-month adjournment on medical grounds. Mr Justice Allen agreed to adjourn the matter to a date in late October. The application stems from Mr Taite's appointment as receiver over properties belonging to Ms Barry's husband and a company where she is a director. Mr Taite alleges that following contentious dealings, Ms Barry became abusive and threatening, leading him to cease direct contact and report the credible threats to the Gardaí. The court has not yet issued a final decision on the injunction, with the proceedings currently suspended pending the future hearing date.
In a High Court hearing, Mr Justice Mark Sanfey refused to approve a Personal Insolvency Arrangement (PIA) proposed by 69‑year‑old Ann Fennell, who owes Ulster Bank €72,500. The PIA would have extended her mortgage repayments to 348 months, meaning she would continue paying until age 98. The judge found that such a term would likely exceed the debtor's lifespan and that Fennell had not shown the repayments were affordable or sustainable. Ulster Bank opposed the PIA, arguing it was unsustainable and that the costs of keeping her in her home were disproportionate. The court noted that only a legislative amendment could permit lifetime mortgages. The appeal was dismissed, and the case will return for final orders.
The High Court appointed provisional liquidators to Joe Walsh Pilgrimtours Ltd, a tour operator that organised pilgrimages to Lourdes, Fatima, Rome and Medjugorje. The company, employing 30 people, had been hit hard by the Covid‑19 pandemic, leading to the cancellation of all planned tours and a decision to wind up after recording losses of €7.5 million in 2020. The bulk of its 3,000 creditors are customers who had paid for tours, with about €5 million owed, and other creditors include Revenue, the landlord, related travel group companies and trade creditors. The court directed the joint provisional liquidators, Eamonn Richardson and Andrew O'Leary of KPMG, to manage an orderly winding up, handle creditor claims and keep some staff to answer customer queries. The case was adjourned to June for further proceedings.
David Moloney, former CEO of the charity Bothar, admitted in the High Court to misappropriating large sums of donated money for personal use. He confessed to taking about €200,000 that was intended for a Roman Catholic order in Tanzania, €34,000 meant for a Kenyan project, €127,000 paid to an English company for unexecuted Rwanda projects, €100,000 fraudulently transferred to a pension fund he set up, and €10,000 used for a hay shed on his own property. Moloney also admitted receiving extra salary, expense payments, and a €19,000 Christmas bonus that were not authorised by the board. Bothar's counsel highlighted that these admissions were welcomed but that Moloney had not yet provided details on where the money went or his assets. The court increased the freezing order value to €769,000 and directed Moloney to submit a statement of assets by May 4th.
LDB Developments Limited has taken High Court action to overturn An Bord Pleanala's refusal to grant planning permission for 32 apartments at Braemor Road, Churchtown, Dublin 14. The developer sought a three‑ to six‑storey residential development, but the board upheld a prior decision by Dun Laoghaire Rathdown County Council and denied the application. The board's refusal was based on the project being premature and on alleged deficiencies in the developer's proposals to manage surface water, as well as a claim that the development would be prejudicial to public health and contrary to proper planning. LDB, represented by John Kenny BL, argues that the board's conclusion was flawed, that the proposal was not premature, and that adequate surface‑water management plans had been submitted. The developer also contends that the board failed to explain why it rejected the inspector's recommendation that permission should be granted.
In a Circuit Court hearing, Judge Martin Nolan criticised young people for using their bank accounts to launder stolen money, citing the case of 19‑year‑old Zach Phelan. Phelan had received just over €36,000 of stolen funds in his account and spent nearly €9,000 on luxury goods, including a €5,000 spree at Brown Thomas and €4,000 at electronic stores. He had only a few cents in his account when the transfer occurred, and attempts to move further amounts to offshore accounts failed. Garda Fionnuala Lawlor explained that the money was mistakenly sent to Phelan's account after a hacked email between a business and its client. Phelan pleaded guilty to one count of money laundering on 15 November 2019, when he was 18, and had no prior convictions. The court recovered €14,775 of the stolen money and adjourned sentencing to 30 April.
The High Court has adjourned an injunction application brought by receiver Mr Declan Taite against businesswoman Mairead Barry. Mr Taite, of Duff and Phelps, alleged that Ms Barry engaged in acts of intimidation and made threats against him, his family, and company employees. He claimed she threatened to drive her vehicle through the front window of the firm's offices in Dublin 2. The applicant sought an injunction preventing Ms Barry and her agents from behaving in a threatening, abusive, or intimidating manner, as well as orders barring her from attending or entering the company offices. Additionally, he sought damages for harassment and the intentional infliction of emotional suffering. Mr Taite stated he was appointed receiver over properties belonging to Ms Barry's husband, Tim Sheahan, and that disputes arose regarding a transaction involving apartments in Limerick and an unsigned B10 form. He alleged Ms Barry used abusive language and made specific threats during conversations. Following a complaint to the Gardaí, who indicated the threats were credible, Mr Taite initiated proceedings. The application came before Mr Justice Senan Allen on an ex-parte basis. The judge granted Mr Taite permission to serve short notice of the injunction proceedings against Ms Barry. The matter was adjourned for a week.
In a High Court decision on 23 April 2021, Mr Justice Denis McDonald ruled that four Dublin publicans—Aberken (Sinnotts Bar), Hyper Trust Ltd (The Leopardstown Inn), Inn on Hibernian Way Ltd (Lemon & Duke) and Leinster Overview Concepts Ltd (Sean's Bar, Athlone)—were entitled to recover their legal costs, but only on a standard solicitor‑client basis, not the enhanced level. The judge also clarified that the term "closure" in FBD's Public House Policy covers partial closures, not only total shutdowns. He found that the policy's coverage applies when pubs are partially closed or restricted by government orders due to Covid‑19 outbreaks within a 25‑mile radius. The court will later determine the quantification of losses, and the case is set to return next month for further proceedings. The ruling affects about 1,000 Irish pubs and restaurants.
The High Court awarded legal costs to Mark Hedderman and his wife, Sinead Hedderman Gallagher, in a case concerning their right to return to Ireland from Ukraine with their newborn son, Theo Declan. The applicants, who travelled to Ukraine for the birth of their child via surrogacy, challenged mandatory hotel quarantine requirements for arrivals from designated countries. They alleged that the requirement to pre-book quarantine accommodation breached their Constitutional and European Convention rights, arguing it constituted a disproportionate interference with liberty. The action was brought against the Ministers for Foreign Affairs, Transport, and Health, along with the Attorney General. Before Mr Justice Brian O'Moore, the court heard that new regulations had been implemented allowing the family to return without undergoing mandatory hotel quarantine. Counsel for the applicants, Micheál O'Higgins SC, stated the family returned home after these regulatory changes and proposed that the case be struck out on consent, with an order for costs against the State. The State's counsel, Catherine Donnelly SC, did not object. Mr Justice O'Moore noted the novel points raised and the resulting regulatory changes, granting a costs order in favour of the applicants. The estimated costs are a five-figure sum. The matter was resolved by consent with the case struck out and costs awarded.