In a written decision dated 22 April 2021, the High Court approved a survival plan for Norwegian Air and its Irish subsidiaries. Mr Justice Michael Quinn, after reviewing the examiner Mr Kieran Wallace's report, was satisfied that the restructuring proposals would allow the companies to continue as going concerns rather than be wound up. The plan had been approved by each company's members and at least one class of creditors. The judge noted no improper purpose or tax avoidance motive and found the proposals fair to all creditor classes. He also expressed confidence that the necessary investment could be secured, citing support from Norwegian investors, the Norwegian government, and other stakeholders. The court therefore confirmed the scheme of arrangement, recognising the viability of the group's future operations. The decision followed the earlier examinership of the Norwegian parent and several Irish subsidiaries, which had been one of the largest in Irish history.
In a fast‑track commercial court case, Central Park GP Co Propco Ltd has brought a dispute against Tullow Oil Ltd and its UK‑registered parent, Tullow Oil PLC, over three lease agreements for the fifth, sixth and seventh floors of the Central Park building in Leopardstown, Dublin 18. Central Park claims the leases, which it says are worth about €1.3 million per year, are not due to expire until 2031 and that the break notices served between February and August 2020 are invalid. The oil company argues that it is fully entitled to exercise the break options and that Central Park's claim lacks logic. Central Park seeks declarations that the break notices have no legal effect, damages for breach, and that Tullow Oil PLC continue to pay all rent and charges under the leases. The case was admitted to the fast‑track commercial court list by Mr Justice David Barniville, who found the dispute commercial in nature.
A man has pleaded guilty to orally raping a woman in her Donegal home on August 9, 2017, during an attack lasting approximately 90 minutes. The Central Criminal Court heard that the 38-year-old defendant, who had known the victim for seven years, called her that evening requesting to visit for drinks. He arrived with another man whose case remains before the courts. During the evening, the defendant attempted to ply the woman with alcohol before sexually assaulting her and dragging her into the bedroom. The woman screamed throughout the ordeal and was in considerable pain. Both men eventually left, and she contacted gardaí. A charge of attempted rape, two counts of sexual assault, and criminal damage were taken into consideration. The victim read a statement describing how the defendant exploited her vulnerable circumstances, noting she has since achieved over three years of sobriety. The defendant initially denied being present but later maintained he had no memory of the night after viewing CCTV footage. His DNA was recovered as evidence.
A Commercial Court action brought by Dublin-based travel agency Trailfinders against Cork-based Travel Counsellors (Ireland) Ltd (TCIL) and three former employees, Liam Higgins, Jamie Thomas, and Simon Armstrong, has been resolved. The proceedings, commenced in 2019, alleged that the defendants took preparatory steps before resigning to use Trailfinders' trade secrets to set up in competition. Trailfinders had sought injunctions to prevent the disclosure of trade secrets and restrain breaches of employment contracts, along with damages. The claims were denied by the defendants. At the hearing on Monday, Michael Howard SC, representing TCIL, informed Mr Justice David Barniville that the matter had been resolved on the consent of the parties. Counsel stated that the proceedings were resolved without an admission of liability and requested that the action be struck out with no order. The judge welcomed the resolution. No other details of the settlement were disclosed to the court. The case involved allegations of misuse of confidential information and breach of contract, which were not admitted by the defendants. The resolution concludes the litigation without a final judgment on the merits.
The High Court in Dublin is examining two separate challenges to mandatory hotel quarantine requirements for people arriving in Ireland from designated countries. Counsel for the applicants argued that the measures breach constitutional rights to liberty and amount to unlawful detention. One applicant is a healthcare worker based in Letterkenny, County Donegal, who returned from South Africa on 9 April and has since tested negative for Covid-19 twice. The second applicant, a fully vaccinated healthcare worker from Dublin, returned from Dubai on 10 April. Both cases raise questions about the proportionality of the scheme and whether individual circumstances receive adequate consideration. The State's medical adviser, Dr Darina O'Flanagan, defended the quarantine measures as necessary and proportionate responses to pandemic risks, particularly regarding variants. Mr Justice Brian O'Moore is hearing the inquiry and indicated he would deliver a decision shortly after proceedings conclude. The hearing resumed on Saturday morning for State submissions.
In a High Court hearing, Mr Justice Brian O'Moore expressed satisfaction that the State had taken all possible measures to enable an Irish couple, who had travelled to Ukraine for the birth of their son by surrogacy, to return home without mandatory hotel quarantine. The judge noted that new regulations were being drafted to allow the family to board flights from Ukraine via Frankfurt to Dublin on Saturday morning and to avoid the compulsory quarantine that had been imposed after Ukraine was added to the list of countries requiring it. The couple had argued that the State's failure to secure pre‑booking for quarantine rooms breached their constitutional and European Convention rights, and had sought an order quashing Ukraine's banned status and a declaration that their rights had been infringed.
In a High Court ruling, Justice Mary Irvine ordered the temporary suspension of Dr Gerard Waters, a GP in Celbridge, following a patient complaint that he had told the patient that Covid‑19 was a hoax and that government measures were harmful. The patient, who had sought treatment for a suspected chest infection, claimed Dr Waters had denied a Covid‑19 test, spread misinformation about masks and the virus, and suggested that deaths were not caused by Covid‑19. Dr Waters admitted expressing his views but said he did so professionally and only to patients seeking his opinion. The Medical Council, after receiving the complaint, requested assurances that he would follow HSE guidelines; when these were deemed insufficient, it applied to the High Court for suspension under the 2007 Medical Practitioners Act. Justice Irvine found the allegations serious enough to justify a temporary suspension pending further disciplinary proceedings. The order remains in effect until the outcome of those proceedings.
The High Court concluded an inquiry into the detention of a woman who returned from Dubai to assist her family. She had been held in mandatory quarantine at the Crowne Plaza Airport Hotel in Dublin since April 3, after her father underwent cancer surgery. A Covid‑19 test taken on Tuesday morning was negative, and she was released that evening. Mr Justice Brian O'Moore terminated the application for an inquiry into her detention after hearing that she had been allowed leave quarantine. Her counsel, Michael O'Higgins SC, argued that the detention was unlawful and that the bar for release on humanitarian grounds was too high. The court also scheduled hearings for two other similar applications, involving a healthcare worker and a South African‑Irish resident, both of whom had tested negative and were fully vaccinated. The cases were brought against Tifco Ltd, Tifco Management Services (Ireland) Ltd and the Minister for Health.
A High Court dispute regarding the upkeep of art works, including pieces by Jack B Yeats, has been adjourned to a date after the Easter holidays. The action was brought by solicitor Brian Baily, an executor of the late Hugh James Tunney, and Tunney' Estates, the beneficial owner of the items. The defendants, Ms Caroline Devine, who claims she was Mr Tunney's partner, denies any wrongdoing. The plaintiffs seek injunctions for the possession of valuable paintings and orders preventing Ms Devine from carrying out works at the property where the items are kept without consent. They also seek possession of the property itself. The plaintiffs allege that the items are at risk due to the damp condition of the property and potential theft, and claim Ms Devine has obstructed their access. The case, which commenced last month, was heard before Mr Justice Senan Allen. The judge was informed that the parties have agreed to proceed to mediation, scheduled for early next month. With the consent of both parties, the court adjourned the case to a date after the Easter holidays. The High Court had previously granted the applicants permission to serve short notice of the injunction proceedings. The matter was adjourned after lawyers representing Ms Devine gave certain undertakings to the court.
Lidl Ireland and Lidl Ireland Gmbh, acting as applicants, brought defamation proceedings against the Irish Farmers Association (IFA), its President Tim Cullinan, and Vice-President Brian Rushe. The applicants alleged that the IFA published media advertisements and statements claiming Lidl's own-brand milk is not Irish and that the chain misled customers. Lidl contended these allegations were untrue and defamatory, seeking an injunction under Section 33 of the 2009 Defamation Act to prohibit further publication of such claims pending the full dispute. The applicants stated they source their 1-litre milk from Arrabawn in County Donegal and their 2 and 3-litre cartons from Strathroy in Northern Ireland, which sources milk in Ireland. They rejected accusations of creating a "fake dairy" or "phantom farm," clarifying that "Coolree Creamery" is a registered trademark rather than a physical creamery. Lidl also denied engaging in branding strategies to drive down prices paid to farmers, noting that farmers are paid via milk processors. The matter came before Mr Justice Senan Allen, where Lidl sought ex-parte permission to serve short notice on the defendants. The judge adjourned the action to a date in April, following the court's Easter vacation.
John Delaney, former CEO of the FAI, applied to the High Court for an in‑camera hearing of proceedings concerning the seizure of about 280,000 documents by the ODCE. He argued that media coverage would expose legally privileged information. The court rejected the application, stating that no legal basis existed to hold the hearing privately. Delaney's concerns were opposed by media outlets, notably the Sunday Times, which argued that public scrutiny is a constitutional right. The judge noted that the case had been ongoing since February 2020 and that the matter could be revisited if the assessors' reports, prepared by independent barristers, indicated a need for privacy. No order was made at this stage, and the proceedings were adjourned to a date in April. The ODCE, the FAI, and the parties involved remain neutral on the decision.
In March 2021 the High Court concluded proceedings initiated by the Dublin Airport Authority (DAA) concerning Traveller families residing in the exclusion zone around the airport's new North runway. The DAA had sought orders and injunctions to obtain vacant possession of land in Collinstown, previously leased to Fingal County Council for Traveller accommodation. The DAA claimed the McAleer family occupied the land without entitlement and required its vacating urgently for runway work. The families, represented by Quinn & Reynolds Solicitors and the Free Legal Advice Centres (FLAC), denied wrongdoing and opposed the action, citing up to 30 years of residence. The injunction application had been adjourned for out‑of‑court discussions; the court was informed that the dispute had been resolved and could be adjourned until after Easter. The terms of the settlement remain confidential. The resolution was welcomed by FLAC, who said it prevented serious consequences for their client.
The High Court has admitted a challenge to a €30m co-living development in Georgian Dublin to the fast-track Commercial Court list. The North Great George's Street Preservation Society, representing local residents, seeks to quash An Bord Pleanála's June 2020 decision to grant planning permission for 132 residential units at North Great George's Street and Hill Street. The developer, Hillstreet Limited Partnership, applied for fast-tracking, citing commercial urgency and €5m in prior expenditure. Counsel for Hillstreet argued that delays would increase costs, and both parties agreed to a telescoped hearing where the leave application and the action itself would be heard simultaneously. Mr Justice David Barniville was satisfied the matter should be admitted to the list. The Society alleges the planning decision is flawed, claiming the board unreasonably found the development would not injure the area's heritage and failed to conduct a proper Environmental Impact Assessment screening. They further claim the board breached EU directives regarding environmental impact assessments. The Society seeks declarations of non-compliance and an order quashing the board's decision. The matter was adjourned and will be next mentioned before the court in May.
A Traveller family, consisting of a husband, wife and two minor children, has brought a constitutional challenge against Wexford County Council's decision to suspend them from the council's housing list following the father's convictions for two minor public‑order offences. The council argues that, under the 1997 and 2009 Housing Acts, it may refuse or defer letting a dwelling to a person who has engaged in anti‑social behaviour, and that a Garda report confirming a conviction justifies such action. The family contends that the relevant statutory provisions, when properly construed, do not provide a legal basis for the suspension and that the council's strategy is discriminatory and unconstitutional. They also allege that the council's claim of having allocated a specific house to them is false. The case is directed against the council, the State and the Attorney General, with the Irish Human Rights and Equality Commission as a notice party.
In March 2021, a bid by boxing coach Pete Taylor and Bray Boxing Club Ltd for an injunction to stop Wicklow County Council from terminating their claimed legal interest in the Harbour Shed premises in Bray was dismissed. Mr Justice Senan Allen ruled that the applicants had no enforceable proprietary entitlement to the premises and that the council was within its rights to evict them. The court noted that the lease expired in 2015, that the applicants had only licence agreements thereafter, and that the council had changed the locks following a 2018 shooting that killed one club member. The judge found no evidence that the applicants would suffer catastrophic loss if the injunction was denied and that the applicants had abandoned most of their reliefs. The case was adjourned for the parties to consider the decision, with no costs order imposed pending the full dispute. The council maintains it had no obligation to the club or Mr Taylor.
Cork County Council has filed a High Court challenge against the Minister for Local Government and the State, arguing that a December 2023 direction to remove a variation to the 2014 Cork County Development Plan is unlawful. The council's elected members had introduced a variation in January 2020, including a retail planning strategy, after reviewing a detailed report and concluding that a major retail outlet centre would benefit the area without harming other retail centres. The Minister claimed the variation made the plan inconsistent with national spatial planning guidelines and that the Office of the Planning Regulator had found it inconsistent with its recommendations. The council, represented by James Connolly SC and Stephen Dodd SC, contends the Minister acted without jurisdiction, misinterpreted guidelines, and considered irrelevant factors. They seek an order quashing the Minister's direction, declarations that parts of the 2018 Planning and Development (Amendment) Act are unconstitutional, and that the direction has no legal effect.
A man in his late thirties, suffering from paranoid schizophrenia, has filed a High Court challenge against a Mental Health Tribunal decision to extend his involuntary detention at a psychiatric facility until July. He argues that the Tribunal failed to provide proper reasons for the extension, which was renewed by a 2‑to‑1 majority after a hearing earlier this year. The man, who has been stable since admission, is concerned about potential discharge into the community. His application seeks to quash the Tribunal's decision and declares that the lack of reasons breaches his rights to natural and constitutional justice, making the decision unreasonable and irrational. The case was heard by Mr Justice Charles Meenan, who adjourned it for a week and directed that the application be made in the presence of lawyers for the respondent. The Mental Health Commission is a notice party to the application.
The Dublin Airport Authority (DAA) has begun new injunction proceedings against a Traveller family over land at Collinstown, needed for the airport's new north runway. The DAA seeks orders to remove several Traveller families from the site, which lies within an exclusion zone around the runway. The runway's completion date was moved from December to June, and the DAA fears further delays if the families remain. On Friday, the DAA obtained permission from Ms Justice Leonie Reynolds to bring an injunction application against Tracey and Martin McAleer, who moved onto the disputed site last week. The DAA claims the land, previously used by Fingal County Council for Traveller accommodation, was acquired and the licence expired in 2017. The DAA served a notice to quit, but four families, including the McAleers, have refused to leave. The DAA says the McAleers have no legal right to occupy the land and seeks orders to vacate and stop trespassing.
In a High Court case, Mr David Allen, a 70‑year‑old farmer from Johnville, Rathdangan, sued Start Mortgages and its appointed receivers, Mr Ken Fennell and Mr James Anderson of Deloitte, over his apartment at Atlantic Coast Apartments, Tramore. Allen had bought the unit in 2000 after borrowing €125,000 from Irish Life and Permanent. He alleged that Start's conduct after acquiring the loan was aggressive and that the receivers entered the apartment, changed the locks, and threatened his planned sale to repay the remaining €82,000 owed. Allen sought injunctions to prevent the receivers from entering or interfering with the property. The case was settled a few weeks ago, with the only remaining matter being the legal costs. Mr Allen's counsel, Hugh O'Flaherty BL, informed Justice Leonie Reynolds that the parties had consented to strike out the action without a costs order. The court had previously criticised the defendants' handling of the case.
Brian Butler, 38, a father of six, threatened a security guard at a Tesco in Ballybrack on 25 August 2017, saying he would shoot him and that he would do ten years. He denied holding a gun under his trousers, claiming he normally kept his hands down his jocks as a comfort thing. Butler told the guard he was preparing to punch him and was tying his tracksuit waistband to run away. A week later he threatened two other guards who witnessed the earlier threats, saying they would be shot if they did not drop the charges. He pleaded guilty to making a threat to kill and to two intimidation of witnesses charges. The court, led by Judge Karen O'Connor, suspended a three‑year prison term on strict conditions, warning that any breach would result in serving the full term. The judge noted Butler's moderate risk of reoffending and his efforts to address drug addiction.
In a High Court case set for June, a couple claims they underwent an unnecessary termination after being told their unborn child had a fatal foetal abnormality. They sued the National Maternity Hospital, Merrion Fetal Health, and a Scottish health board that allegedly performed some testing. The defendants deny wrongdoing. The couple alleges that two 2019 test results indicated a fatal abnormality, but a later test after the termination showed no genetic condition. They seek damages for personal injury and nervous shock caused by alleged negligence. The court considered adding the Greater Glasgow Health Board as a defendant, noting that tests were sent to the board for specialist analysis and that the board's report may have failed to meet best‑practice guidelines. The judge approved adding the board as a defendant and set a timetable for document exchange ahead of the June hearing.
The High Court has approved a €7.5m settlement in a medical negligence action brought on behalf of 17-year-old Kyle Corcoran. The proceedings, initiated by his mother Amy Corcoran, alleged that the HSE was negligent during Kyle's birth at St Luke's General Kilkenny Hospital on June 4, 2003. It was claimed that hospital staff failed to act on cardiotocograph readings indicating fetal distress, resulting in a clinically unacceptable delay in delivery. Kyle was allegedly born in an asphyxiated state, leading to cerebral palsy, a moderate learning disability, and the need for permanent care, including a gastrostomy peg. The HSE denied the claims, and the settlement was reached without an admission of liability following mediation. Mr Justice Kevin Cross approved the settlement, describing it as reasonable and noting that it would provide for Kyle's future care needs. The judge observed that a trial outcome was not guaranteed. An application to make Kyle a ward of court is planned. The matter was concluded with the approval of the settlement.
A judge at Dublin Circuit Criminal Court has ordered the forfeiture of €6,700 in cash intercepted at an An Post sorting facility in south Dublin. The package, which arrived from the United States in June 2020, was addressed to a Michael Wilbald at a Sligo town residence. A Revenue-trained detector dog alerted officers to the presence of cash, which was subsequently located inside a blank greeting card. Following investigation by the Revenue Commissioners, no person of that name could be identified through Department of Social Welfare or Revenue records, and enquiries at the address confirmed no such resident lived there. Subsequent letters to the addressee went unanswered, and attempts to trace the sender proved unsuccessful. A second package containing cash and addressed to a different person at the same location was later discovered and remains under investigation. Judge Elma Sheahan found the evidence satisfied her that the cash represented proceeds of criminal conduct and ordered its forfeiture to the State.
Ms Fiona Squibb, chairperson of the Irish Society of Prevention of Cruelty to Animals (ISPCA), claimed before the High Court that her suspension from the board was unlawful, unfair and fundamentally flawed. She denies any wrongdoing and says she has been an ISPCA volunteer for 20 years and a director since 2017, having been elected chair after the previous holder retired. Ms Squibb alleges that following her appointment, CEO Andrew Kelly went on sick leave for medical stress and later, when he returned, demanded that she and another director resign or he would raise a grievance with the charity regulator. She says Kelly expressed dissatisfaction with her election and had long sought her removal. After his return, Kelly allegedly filed a grievance claiming she had undermined his position. Ms Squibb and another director were suspended pending the grievance procedure, which she says lacks transparency and does not observe natural justice.
Gerry O'Brien and Joanne O'Brien appeared before Dublin Circuit Criminal Court, where both pleaded guilty to theft charges. Gerry O'Brien admitted to one count of stealing €107,286 in cash and cheques by deception from Beryl Tilson, then aged 77, at a Sandyford address between July 2017 and November 2018. He also pleaded guilty to one count of stealing €27,254 in cash and cheques by deception from Rosemary Fitzgerald, then aged 73, at a Blackrock address between August and November 2018. Joanne O'Brien pleaded guilty to two counts of theft from Ms Tilson on December 23, 2017, and July 12, 2018. The prosecution alleged the defendants used fabricated sob stories and a fake solicitor to deceive the victims. Judge Pauline Codd adjourned the matter to May 17 for sentencing. The court noted Gerry O'Brien has 68 previous convictions, while Joanne O'Brien has 28, mostly for road traffic offences. Defence counsel stated Gerry O'Brien was remorseful, though the judge noted his letter focused on his own woes rather than the victims. It was also noted that Joanne O'Brien had repaid the €900 stolen from Ms Tilson. The matter was adjourned and not concluded.
A South Dublin Primary school has settled High Court proceedings it initiated concerning concerns over the impact of dust and noise from construction works near the school. The action was brought by St Patrick National School in Glenageary, Dalkey, against Dun Laoghaire-Rathdown County Council regarding the approval of a construction plan for 105 new apartments. The matter was briefly heard by Mr Justice Charles Meenan, who was informed that the case had been settled out of court and could be struck out with no order. The case arose after developer Winterbrook Homes (Harbour Road Ltd) was granted planning permission by An Bord Pleanala to build the apartments. The school raised concerns about the Construction and Environmental Management Plan (CEMP), arguing that the local authority failed to consider its submissions regarding the potential impact of dust and noise on students and staff. The school claimed the council believed it was legally precluded from considering the information. The council approved the CEMP late last year, prompting the school to bring judicial review proceedings, seeking an order to quash the decision. The developer was a notice party to the proceedings. The school expressed no issue with the planning permission but was concerned about the health and welfare of its students and staff during the construction phase, citing the need for open windows due to current health guidelines related to Covid-19.
In a High Court hearing, counsel Hugh O'Flaherty BL represented 70‑year‑old farmer David Allen, who owns an apartment at Atlantic Coast Apartments, Tramore. Allen claimed that Start Mortgages and its receivers, Ken Fennell and James Anderson of Deloitte, had been appointed without legal entitlement and behaved "disgracefully." He alleged the receivers entered the apartment, changed the locks, and jeopardised his plan to sell the property to repay a €82,000 debt. Allen had secured a buyer that would cover the debt and had informed the parties of his intention to sell months earlier. The receivers' appointment was said to be aggressive and illogical, especially as the loan was performing. The court adjourned the case to allow the defendants' representatives to attend a remote hearing, with the judge noting the defendants' lack of timely response and the need to resolve costs and key provision. The matter was set to resume the following Monday.
The High Court is hearing a dispute over the care of artworks owned by the late businessman Hugh James Tunney. The estate, represented by solicitor and executor Brian Baily, claims that the valuable paintings – including works by Jack B Yeats, John Lavery, Roderick O'Connor and August Von Heckel – are at risk because the property where they are stored is damp and potentially vulnerable to theft. The estate also alleges that Ms Caroline Devine, who was a partner of Mr Tunney and has been granted certain rights to his estate, has obstructed their access to the items. The applicants seek injunctions to obtain possession of the paintings and the property, and to prevent Ms Devine from carrying out work at the site without consent. The case was adjourned after Ms Devine's lawyers offered undertakings, and the judge encouraged mediation before the next hearing.
The Headfort Arms Hotel in Kells, Co. Meath, has filed High Court proceedings against Zurich Insurance Plc, alleging that the insurer failed to pay a business‑disruption claim arising from the Covid‑19 pandemic. The hotel, a 4‑star, 260‑bedroom establishment, entered into an insurance policy with Zurich in October 2019 and contends that the policy entitles it to indemnity for losses caused by forced closures and other pandemic‑related disruptions. Zurich has responded that the policy does not cover Covid‑19‑related losses and only applies to damage occurring on the hotel premises. The hotel, represented by Richard Kean SC, Darren Lehane SC and Gareth Robinson BL, seeks damages for breach of contract, intentional interference with economic interests, and a declaration that it is entitled to indemnity. It also requests that Zurich process interim payments pending the full hearing. The case was adjourned and is set to return to the court next week.
A High Court action brought by Sylvia O'Mahoney, a South Dublin resident, against Facebook Ireland Ltd has been resolved. Ms O'Mahoney, from Foxrock, Co Dublin, alleged that a hacker took over her account in mid-December 2020, locking her out and sending unauthorized messages to her contacts. She claimed breaches of her constitutional right to privacy and GDPR rights, seeking injunctions to retrieve data and account activity records. Facebook opposed the action, denying culpability while accepting the account was hacked. The company argued it acted quickly to restore control and provided all requested information. Ms O'Mahoney's counsel, Jack Fitzgerald SC, informed Ms Justice Leonie Reynolds that the matter had been resolved and requested the court be struck out. Facebook's counsel, Rossa Fanning SC, consented to the strike out. No details of the confidential settlement terms were disclosed to the court. The proceedings, launched in January, were mentioned on several occasions before this final hearing. The court accepted the resolution, effectively concluding the litigation without a judgment on the merits.
The Bunratty Castle Hotel, near Shannon Airport, has lodged a High Court judicial review to overturn a WRC finding that it discriminated against Ms Nora Ward, a Traveller, and was ordered to pay €15,000. The hotel argues the WRC heard the complaint without its representatives present, citing misdirected emails and a failure to notify the hotel of an adjourned hearing. It claims it was denied a first‑instance hearing and that correspondence was sent to an incorrect email address. The WRC's decision, based on Ms Ward's complaint under the Equal Status Act, alleged the hotel was dismissive and failed to engage appropriately. The hotel seeks to quash the decision and have the complaint determined in accordance with law. The case is set to return to court in May.
The High Court confirmed the appointment of a second independent barrister to assist in examining documents seized from the Football Association of Ireland (FAI) offices. Ms Justice Leonie Reynolds accepted that Patrick Mair BL will join Niall Nolan BL to help identify material covered by Legal Professional Privilege (LPP). The two independent persons will prepare a report for the court to aid the judge in determining which of the seized documents are privileged. Their work is expected to be completed by June. Ex-FAI CEO John Delaney, a notice party in the proceedings, has claimed LPP over 3,500 documents, while the FAI claims privilege over 1,000 documents. Any document deemed privileged cannot be used by the Office of the Director of Corporate Enforcement (ODCE) in its criminal investigation. The ODCE, represented by Kerida Naidoo SC, applied to the court to determine the status of these files following the seizure of approximately 280,000 files in February 2020. The judge noted that other matters remain outstanding, including Mr Delaney's application to have the hearing held in private. This 'in camera' application, due to be heard later this month, stems from concerns that media reports will expose private and legally privileged information. The application is opposed by Sunday Times News, supported by other media outlets including the Irish Times, RTE, the Irish Examiner, and the Journal.ie. The matter has been before the court on several occasions over the last 13 months.
John Delaney, former CEO of the FAI, has applied for an in‑camera hearing to keep the media out of a court action concerning the inspection of about 280,000 documents seized by the Office of the Director of Corporate Enforcement (ODCE) during its investigation into the FAI. Delaney argues that media coverage could expose information he claims is private or covered by legal professional privilege. The application, scheduled for 23 March, is opposed by the Sunday Times and other media outlets, who say the order would be draconian. The judge has also ordered that an independent person be appointed to assist Barrister Niall Nolan in reviewing the materials for privilege, with a report due by May or June. The hearing will determine which documents can be used by the ODCE and which are privileged. The case has been delayed previously due to the volume of documents and the Covid‑19 pandemic.
In a High Court case, publicans argued that FBD's Covid‑disruption insurance covered losses from partial closures, not only full shutdowns. They claimed the policy indemnified them during periods when pubs were partially closed or limited in trade due to government restrictions. FBD countered that the policy only covered "completely closed" premises. Judge Denis McDonald had earlier ruled that the policy covered losses from closures prompted by nationwide outbreaks within a 25‑mile radius. The court is to decide the quantum of losses later, with a timetable for pubs to submit financial information. The case involves four test actions by Dublin and Athlone pubs, and the parties are also disputing legal‑fee costs. The dispute centers on whether the pandemic‑induced closures fall within the policy's coverage clause.
In a High Court ruling on 25 February 2021, Mr Justice Richard Humphrey authorised the Official Assignee to sell former rugby international Peter Clohessy's family home in Cappamore, Co. Limerick, and ordered the family to vacate the property within six months. Clohessy, declared bankrupt in 2017 with debts exceeding €13 million, had previously owned the house and a 48‑acre farm that was repossessed by AIB and sold to a financial fund. The Official Assignee, represented by Una Nesdale BL, valued the house at €500,000 to €550,000, while the couple valued it lower and opposed the sale. The court accepted the sale as the only means to satisfy creditors, who had been living at the house for four years since the adjudication, and found the six‑month postponement reasonable. The house, built over 15 years ago, adjoined the farm that had been sold to a financial fund.
John Delaney, former CEO of the FAI, has applied to the High Court to hold a hearing over the inspection of 280,000 seized documents in camera, arguing that media coverage would expose private and legally privileged information. The documents were seized in February 2020 by the Office of the Director of Corporate Enforcement (ODCE) during a criminal investigation into the FAI. Delaney, who is a notice party, claims that certain material is covered by legal professional privilege and should not be disclosed to the ODCE or the public. Solicitor Simon McAleese, representing the Sunday Times, opposes the in‑camera request, stating that the media should be allowed to attend and report. The court has adjourned the matter for a week to allow further legal submissions, noting that the application is premature as no report from the independent examiner, Niall Nolan Bl, has yet been submitted. The ODCE and the FAI remain neutral on the in‑camera application.
Ryanair settled the High Court case it had brought over the hearing of a social welfare appeal concerning pilot Mr Paul Clements' employment status for insurability. The settlement, reached after out‑of‑court discussions, allows the hearing, which had been on hold, to resume in April and is expected to last three days. Ryanair, represented by Martin Hayden SC and Eoin O'Shea BL, had argued that Mr Clements was a director and shareholder of Redsberry Management Services, which had contracted him to Ryanair for four years up to 2014. The Department of Social Protection had deemed Mr Clements insurable as an employee of Redsberry under PRSI Class A for benefits and pensions during that period. Mr Clements appealed, claiming he was an employee of Ryanair, but the appeals officer upheld the Department's decision in 2016. Redsberry then appealed, arguing Mr Clements was self‑employed. An oral hearing began in 2017 and was adjourned several times.
In February 2021, a judicial review challenge against An Bord Pleanala's decision to grant planning permission for a €70m, 12‑turbine wind farm in County Kildare was admitted to the fast‑track commercial court list. The challenge, brought by Ms Lorraine Quinn of Drohid, Carbury, and the environmental NGO Eco Advocacy CLG, argued that the board's decision was flawed because it did not comply with the Wind Energy Guidelines of the 2000 Planning and Development Act and failed to conduct an appropriate EU‑directive‑compliant assessment. They also contended that the impact of a nearby solar power project was not considered and raised concerns about noise levels from the turbines. The developer, North Kildare Wind Farm Group, sought fast‑track admission to avoid delays that could harm the project's commercial viability, noting that the wind farm would cost €70m to build, connect to the national grid, and create about 160 jobs over an 18‑month construction period.
The High Court extended Norwegian Air's examinership protection by 50 days, from 100 to 150 days, after Justice Michael Quinn accepted that Covid‑19's devastating impact justified the extension. The airline's examiner, Mr Kieran Wallace of KPMG, requested the extra time to negotiate a scheme of arrangement with creditors that would allow the company to continue trading. Paul Sreenan SC argued that the pandemic's ongoing uncertainty, new Covid variants, vaccine delivery issues, and disputes over aircraft leases and service contracts hindered the examiner's ability to secure a scheme and fresh investment. The court noted that the examinership of Norwegian Air's Norwegian parent and three Irish subsidiaries is one of the largest and most complex in Irish history. No opposition was raised to the extension, and the court scheduled a hearing for April 16 to approve any scheme of arrangement approved by the creditors.
In February 2021 Virgin Media settled its Commercial Court action against Eir over the inclusion of Virgin's free‑to‑air channels on an Eir set‑top box. Virgin had sought an injunction to stop Eir from broadcasting its channels, including Virgin Media One and Two, and to declare that Eir had no right to do so under the Broadcasting Act. The case was brought before Mr Justice David Barniville, who was informed by Virgin's lawyer that the parties had reached a settlement and could strike the matter out. No settlement details were disclosed, and the case was resolved after mediation.
In February 2021 the High Court saw FBD Insurance Plc withdraw its challenge to the Financial Services and Pensions Ombudsman's investigation into a complaint by Phil Flannery's of Denmark Street Ltd. The complaint concerned the insurer's refusal to pay a business interruption claim arising from the Covid‑19 pandemic. FBD had earlier obtained permission to seek judicial review of the Ombudsman's probe, arguing that the same issues were already being litigated in separate High Court cases involving pubs and that continuing the investigation would duplicate proceedings and breach fair procedures. The court was told the case would be struck out and that FBD would contribute to the notice party and the Ombudsman's costs. The Ombudsman's lawyers had warned that the challenge was unprecedented and that they would oppose any attempt to halt the investigation. The withdrawal meant the investigation would continue as originally planned.
In a High Court decision, Mr Justice Denis McDonald ruled that FBD Insurance's policies cover losses suffered by pubs that closed due to Covid‑19, overturning the insurer's earlier refusal to indemnify four test cases. The four pubs – Aberken (Sinnotts Bar), Hyper Trust Ltd (The Leopardstown Inn), Inn on Hibernian Way Ltd (Lemon & Duke) and Leinster Overview Concepts Ltd (Sean's Bar) – argued that their policies included a clause indemnifying them when closures were caused by outbreaks within 25 miles. FBD contended that the closures were not linked to such outbreaks and that it never insured against pandemics. The judge rejected FBD's interpretation, stating that coverage is not lost when closures are prompted by nationwide outbreaks. The parties remain in discussion over the quantum of payouts, with the court scheduled to address outstanding issues on 26 February. FBD has announced it will not appeal the ruling.
A High Court judicial review has been filed by Shadowmill Ltd, a group of local residents, against An Bord Pleanala's decision to grant planning permission for 18 new apartments on the site of the protected Stone Villa on Dublin's North Circular Road. The board had approved Lilacstone Limited to renovate Stone Villa into three apartments and to construct an additional 29 units. Shadowmill argues that the decision is flawed because it would remove significant tree cover and potentially disturb bat species that use the site for foraging and roosting. They claim the board lacked necessary information on bat roosts, failed to conduct an Environmental Impact Assessment, and contravened the 2016‑22 Dublin City Development Plan and the 2001 Planning and Development Act. The case was heard by Mr Justice Charles Meenan, who directed that the challenge be formally notified to the board, with a hearing scheduled for April.
Businessman Declan Ganley and his telecommunications company, Rivada Networks, have filed a defamation claim in the Irish High Court against CNN, alleging that a broadcast on 20 October 2020 maliciously portrayed them as having engaged in corrupt practices to secure a U.S. 5G contract. The plaintiffs argue the broadcast wrongly suggested they initiated a corrupt process, causing reputational damage and loss. They claim the content was entirely unfounded, grossly defamatory, and published with malicious intent to serve a political and commercial agenda linked to CNN's owners, AT&T. CNN has not apologized or removed the material. The case also names Cable News International Ltd and Turner Broadcasting System Europe Ltd as defendants. The High Court granted the plaintiffs permission to serve notice on the U.S. and U.K. defendants, as the broadcast was accessible to a wide Irish audience and led to further re‑publications. The action seeks damages and a correction order.
In a High Court case, Integrated Environmental Solutions Ltd (IES) and its subsidiary IES R&D Ltd have sued four former Irish employees—John Gleeson, Stephen Earle, Darren Jordan, and Sean O'Riordan—alongside the company Building Performance Consulting Engineers (BPCE). IES alleges that the defendants, all senior staff at its Irish branch, resigned between December and January of the previous year and, while still employed, diverted business to BPCE, a rival firm they are said to have set up. The claim further states that the ex‑employees took IES's proprietary "Virtual Environment" software and created models for BPCE's benefit. IES seeks injunctions to prevent the use of its software and to recover any revenue earned by the defendants from solicited business during their employment. Justice Leonie Reynolds granted IES permission to serve short notice of the proceedings, with the case scheduled to return next week.
During a sentencing hearing in Dublin Circuit Criminal Court, Judge Melanie Greally addressed the case of Daniel Flanagan, a 21‑year‑old who allowed his bank account to be used to hold proceeds of crime. Flanagan had just sat his applied Leaving Cert exam in 2018 when he gave his bank card and details to a man he owed a "drug debt" to. Garda Stephen Hughes explained that the account was used in a "Done Deal" scam where a woman paid €650 for car parts that were never received, and the seller became uncontactable. Four other victims were also given the same account, and the total money found was €2,120. Flanagan pleaded guilty to recklessly holding the proceeds of crime in September 2018 under the Money Laundering Act 2010. The judge noted that while an awareness campaign exists, schools, colleges and banks should do more to highlight the serious consequences of acting as a money mule.
The High Court has been asked to amend the grounds of a legal challenge brought by Thomas Reid against An Bord Pleanala's decision to allow Intel Ireland to proceed with a €3.76 billion expansion of its Co Kildare plant. The action was brought by Thomas Reid, who resides near the Intel Campus in Collinstown, outside Leixlip. The proposed expansion, if approved, would be one of the largest construction projects in the country's history. Reid claims that the board's 2019 decision permitting the expansion was contrary to EU Council directives, lacked sufficient reasoning, and violated fair procedures. Intel Ireland and An Bord Pleanala have applied for the court to amend the action and exclude certain material from the case, arguing that Reid failed to raise specific issues before the board. Intel's application is supported by the board, which asserts that Reid missed the opportunity to present these arguments during the initial proceedings. Reid, represented by James Devlin SC, opposes the motion, arguing that he should be allowed to present his case in full. The application was heard by Mr Justice Richard Humphreys, who reserved his decision. The full hearing of the action will take place later this year.
The High Court issued freezing orders that prevent a Moldovan Air Airbus A319 from leaving Dublin Airport, leaving more than 20 passengers and crew stranded. The aircraft, which arrived late Tuesday night, was due to return to Chisinau International Airport. The orders were issued in relation to a €4.2 million arbitration award in favour of Just‑US Air Srl, a Romanian aircraft leasing company, against Air Moldova Srl. The award arose from an arbitration over the lease of the aircraft, and the airline has had assets seized by Moldova's Agency for the Recovery of Criminal Assets in 2019 amid investigations into alleged money‑laundering activity. Just‑US Air Srl sought to enforce the award in Ireland because it feared the aircraft might be removed from the country. The court granted the orders on an ex‑parte basis, and the judge later lifted a reporting ban while maintaining the orders.
Luke Cummins, 24, of Clondalkin, Dublin, pleaded guilty to possession of drugs for sale or supply at his home on 2 February 2019. Gardaí, acting on confidential information, entered the house with a search warrant and found cannabis herb in several places, weighing about four kilograms with an estimated street value of €75,760. Cummins returned to the house while officers were present and admitted responsibility for the drugs, stating he owed around €8,000 to dealers who had threatened him and his family with guns and death. His father was forced to pay the dealers approximately €24,000 after the seizure. Cummins had previously worked as a sheet metal worker with his father but became addicted to cannabis, accruing a large debt. He has since sought treatment for his drug use. Judge Martin Nolan accepted his remorse and imposed a three‑year prison term.
The High Court refused to approve a Personal Insolvency Arrangement (PIA) for Mr Keith Cremin, a 49‑year‑old car sales executive from Subulter, Mallow, who owed about €190,000 to several creditors, including Pepper Finance Corporation DAC, Bank of Ireland, Everyday Finance and the Revenue Commissioners. The PIA, proposed by a Personal Insolvency Practitioner, would have required Cremin to make monthly contributions of €690 to €866 over 24 months, with a net payment of roughly €18,000 to creditors, and to continue interest‑only payments on his mortgage until the end of the period. Pepper opposed the arrangement, arguing that it would result in a substantial write‑off of a loan that had not defaulted. Judge Mark Sanfey held that approving the PIA would be unfair to Pepper, noted that Cremin had no pressing insolvency issues beyond the motor business collapse of 2008, and deemed the application premature.