In Co Kerry, a primary school has filed a High Court challenge after a Department of Education committee ordered it to enrol two siblings. The school had previously refused the children, citing full capacity. The mother appealed to the Department, and a three‑person committee upheld her appeal, directing the school to admit the children immediately. The school's board of management argues the committee erred in law, misapplying the 2018 Education (Admission to Schools) Act and incorrectly determining the school was not oversubscribed. The board seeks to quash the committee's decision, have the appeal remitted to a new committee, and obtain declarations that the committee's decisions were irrational, void, and without legal effect. The mother is a notice party. Permission to proceed was granted ex‑parte by Mr Justice Charles Meenan, with the case returnable to early March.
In a Dublin Circuit Criminal Court hearing, a 29‑year‑old Jehovah's Witness admitted to sexually exploiting a 13‑year‑old girl. The court heard that in 2016 the man and the girl exchanged Viber messages, including sexually explicit images of the child. The abuse was discovered when the girl's older sister found the messages on a shared computer and alerted their mother. The man claimed he was "sexually naive in the extreme" because of the strict sexual mores of his religion, which forbids any contact beyond kissing or hugging before marriage. He said he had reported his actions to church elders and was excommunicated. Gardaí noted the man had only met the girl once in a public place and that they had only kissed and hugged. The case was adjourned for sentencing on 18 February. The court emphasized the seriousness of the matter and the significant age disparity.
In a landmark High Court decision, Mr Justice Denis McDonald ruled that four pub owners are entitled to compensation from insurer FBD for losses caused by Covid‑19 closures. The judge held that the policy's coverage applies when a closure is prompted by outbreaks of contagious disease within a 25‑mile radius, even if the government's nationwide order is the proximate cause. FBD's argument that it never covered pandemics was rejected. The court clarified that losses incurred before the imposed closure are not part of the insured peril and that the pub owners may claim indemnity until losses cease or the indemnity period ends. The judge adjourned the case for further submissions, noting that the quantum of losses will be determined later. The decision affects about 1,000 Irish pubs and restaurants seeking claims under similar policies.
In a High Court hearing, Norwegian's Irish subsidiaries, currently in examinership, sought to exit aircraft leases as part of a survival plan that will drop transatlantic services and focus on European and Nordic routes. Lawyers for the airline explained that it intends to return the aircraft to lessors in a state that satisfies them, but several lessors have expressed dissatisfaction with the information received and may formally oppose the repudiation applications. The court adjourned the applications to a later date and indicated a willingness to grant repudiation orders for other leases unrelated to aircraft, such as software, inflight entertainment, fuel services, a VIP lounge at Gatwick, and premises at Logan Airport. The airline's parent company and three Irish subsidiaries have been granted court protection, and the examiner is preparing a scheme of arrangement to keep the airline as a going concern.
The Dublin Airport Authority (DAA) has sought to add Fingal County Council to proceedings it has brought against Traveller families occupying land in Collinstown, north Dublin, which the DAA claims is needed for a new North Runway. The DAA alleges the land, previously leased to the council for Traveller accommodation, is now occupied by members of the McAleer family who have no entitlement to be there. The families, represented by Quinn & Reynolds Solicitors and the Free Legal Advice Centres, deny wrongdoing and oppose the DAA's action. The DAA says it has no option but to involve the council because the council failed to hand over vacant possession after a notice to quit in 2017. The High Court, hearing the case, has allowed the DAA to seek permission to join the council to the action, with the matter adjourned to a later date.
A Monaghan businessman has informed the High Court he will not comply with orders to stay away from two properties in the county and is prepared to remain in custody at Mountjoy Prison. Fergal Deery, of Drumhillock, has spent nearly nine weeks in prison following his committal in early December by Mr Justice Senan Allen for contempt of court orders originally made in 2015. The orders, secured by Wardglade Limited which acquired the premises, then operating as a bar and nightclub, restrain Mr Deery from trespassing on or interfering with the properties located in Monaghan Town. Mr Deery, who denies breaching the orders, has disputed the sale as fraudulent and claims unlawful eviction from the premises in 2013. At a High Court review on Tuesday, Mr Deery appeared via video link from prison and reiterated his refusal to purge his contempt. Mr Justice Allen noted that Mr Deery could secure his release at any time by agreeing to comply with the court orders, but stated he must remain imprisoned until willing to do so.
The High Court approved a Personal Insolvency Arrangement for Mr Ciaran O'Neill, a 59‑year‑old construction manager, allowing him to write off almost €3 million in debt. Under the arrangement, Mr O'Neill will contribute €163,000 over six years, making monthly payments between €685 and €1,025. Creditors include Promontoria Aran and Promontoria Scariff DAC, AIB and AIB Mortgage Bank, Bank of Ireland, the Revenue Commissioners, and numerous trade creditors. The PIA permits Mr O'Neill to retain his family home at Rockville, Killegar, Ballybetagh Road, Enniskerry, Co. Wicklow. The court noted that unsecured creditors will receive 2 cents per euro under the PIA, compared with 1 cent per euro in bankruptcy. No objections were raised to the arrangement, though some creditors voted against the proposals. The arrangement was approved by Mr Justice Mark Sanfey on Monday.
In a High Court hearing, five judicial review actions challenging the Minister for Education's decision not to reopen schools for pupils with special educational needs were agreed to proceed by way of a telescoped hearing. This means the applications for permission to bring the challenges and the challenges themselves will be heard together by the same judge, Mr Justice Charles Meenan. Derek Shortall SC, representing the applicants, said the matter is extremely urgent and hoped the court would hear two lead cases rather than all five. Catherine Donnelly SC, for the respondents, said the State needed time to reply and that fixing a hearing date was premature. Mr Justice Meenan directed the State to file its reply within a week and adjourned the matter for a week, after which a hearing date would be fixed. The actions were brought on behalf of five school‑going children with special needs, who cannot be identified for legal reasons.
The Norwegian Airline group has applied to the High Court for orders repudiating over 30 leasing agreements for aircraft. The group's application was mentioned before Mr Justice Michael Quinn on Thursday. The group's parent company and three Irish subsidiaries have been granted court protection and the examiner Mr Kieran Wallace is currently putting together a scheme of arrangement, which if approved by the court will allow the airline continue as a going concern. The airline, which has announced that it is to end long‑haul flights and reduce to number of routes it had previously flown, is seeking to have lease agreements for some 36 aircraft repudiated by the court. Brian Kennedy SC, for the airline, told the court that the repudiation of these lease agreements needed to be done as a matter of urgency.
The Office of the Director of Corporate Enforcement (ODCE) applied to the High Court to appoint five additional examiners to review documents seized from the Football Association of Ireland (FAI), where legal privilege is claimed. In November, barrister Niall Nolan BL was appointed as the independent person to examine materials over which former FAI CEO John Delaney and the FAI assert privilege. The ODCE proposed adding five more persons to accelerate the process, given that 280,000 files were seized in February 2020, with legal privilege claimed over 3,800 documents. Kerida Naidoo SC, representing the ODCE, told Ms Justice Leonie Reynolds that the additional resources would allow the process to be completed in weeks. The ODCE also proposed specific formatting for Mr Nolan's report, which will aid the court in determining privilege. The FAI, represented by Brian Gageby BL, raised no objections to the appointment of extra examiners. However, Paul McGarry, representing Mr Delaney, expressed concerns regarding certain ODCE proposals. Ms Justice Reynolds adjourned the matter to a date next month to allow the ODCE to set out its proposals and for the other parties to fully consider them. This procedural step arises from the ODCE's criminal investigation into the FAI, where the court must determine which seized files are protected by legal professional privilege and thus cannot be used in the probe.
The High Court granted former Fianna Fail TD Frank O'Rourke permission to add 'persons unknown' to defamation proceedings concerning social media posts made during the 2020 General Election. Ms Justice Leonie Reynolds issued the order, allowing O'Rourke to formally join unidentified individuals before the statutory 12-month limitation period expires. O'Rourke has previously obtained Norwich Pharmacal orders against Twitter International Company and Facebook Ireland Ltd to identify the posters. His counsel, Declan Doyle SC, argued that despite efforts to identify the Facebook poster, the individual remains unknown, and joining them as 'persons unknown' was necessary to preserve his right to sue. Facebook, represented by Rossa Fanning SC, raised no objections. O'Rourke alleges that wholly untrue statements posted in February 2020 were designed to cause professional damage during his campaign and a personal marriage breakdown. He claims these posts, which included defamatory remarks about his family and finances, negatively impacted his supporters in North Kildare. A tweet calling for voters not to support him was also cited. O'Rourke, who lost his North Kildare seat in the February election after finishing fifth, seeks to amend the proceedings' title once the alleged defamer's identity is established. The court noted the unusual nature of the application but found the justice of the matter favoured joining the unknown party.
Sylvia O'Mahoney, a South Dublin resident, brought High Court proceedings against Facebook Ireland Ltd, alleging that a hacker accessed her account and breached her constitutional privacy and GDPR rights. Ms O'Mahoney claimed she was locked out after discovering unauthorized messages, including invitations to a decking company, and that her profile name had been changed to 'Luo Yihan'. She reported the issue via Facebook's automated system but received only automated responses in Chinese. In her sworn statement, she sought mandatory injunctions to prevent the unknown user from accessing her account, the return of stolen data, and full activity logs from January 1st. Facebook accepted the account was hacked but denied culpability, stating it restored access within two business days and provided all requested information. Counsel for Facebook, Rossa Fanning SC, argued there was no evidence of Facebook's fault, while Ms O'Mahoney's counsel, Jack Fitzgerald, noted the matter had become more urgent due to the account being linked to unrelated entities. Ms Justice Reynolds adjourned the matter to a date in early February to allow the parties to exchange documents.
Several High Court challenges have been filed by parents of five school‑going children with special needs, seeking judicial review of the Minister for Education's decision not to reopen schools for pupils with intellectual disabilities. The applications, presented to Mr Justice Charles Meenan, ask for orders and injunctions compelling the Minister and the State to reopen the schools and to provide an adequate and appropriate education under the 1988 Education Act and Article 42 of the Constitution. The parents argue that the Minister's announcement on 19 January that schools would remain closed due to a lack of cooperation from key staff trade unions was contrary to the earlier plan to reopen on 21 January. They claim the closures have caused severe regression in basic skills for children with conditions such as Autism Spectrum Disorder, and that the State has failed in its duty to provide suitable education.
A businessman from Monaghan remains in custody at Mountjoy Prison after declining to purge contempt of court. Fergal Deery has spent nearly eight weeks in prison since early December following a High Court finding that he breached orders made in March 2020. The orders, originally issued in 2015, required him to stay away from two properties in Monaghan Town formerly operated as a bar and nightclub. The properties were acquired by Wardglade Limited from a receiver in 2015. Wardglade brought fresh proceedings last year alleging multiple breaches, including unauthorised entry to the premises and a campaign of intimidation against company figures. At a High Court review on Tuesday, Mr Deery, appearing via video-link, denied breaching the orders and refused to give undertakings to comply. Ms Justice Leonie Reynolds adjourned the matter to early February. Mr Deery denies the allegations and has claimed the original property sale was fraudulent.
Independent Councillor Charlie Farrelly has brought a High Court action against Kerry County Council and the North, East and West Kerry Development Partnership, challenging the method used to select two councillors for the Partnership's board. Represented by Elizabeth Murphy BL, Cllr Farrelly claims the Council's selection procedure was flawed and unlawful. He alleges that the Council should have used the Group Voting System to ensure minority representation, rather than individual voting, which he contends allowed a majority of councillors to appoint both members while rendering minority votes ineffective. Cllr Farrelly seeks declarations that the procedures were contrary to statute, void, and unlawful, along with an order quashing the November appointments and directing the Council to reselect members. Permission to bring the action was granted on an ex-parte basis by Mr Justice Charles Meenan, who also placed a stay on the Council's appointments. The judge noted he would entertain any application by the respondent to lift the stay once made on notice to Cllr Farrelly's lawyers. The matter was adjourned to a date in March.
In a written judgment dated 25 January 2021, Justice Niamh Hyland refused to grant the Irish Coursing Club (ICC) an injunction that would have allowed hare coursing to resume during Level 5 Covid‑19 restrictions. The court held that it lacked jurisdiction to issue a mandatory injunction directing the Minister for Health to permit coursing, arguing that such an order would usurp the exclusive function of the Oireachtas and compel the Minister to act outside his powers. Justice Hyland noted the severity of the pandemic, the risk to public health, and the potential for harm to life if 36 coursing meetings with up to 3,000 participants were held. She also considered the ICC's efforts to be Covid‑19 compliant and the financial losses to breeders and trainers, but concluded that the balance of convenience favoured dismissing the injunction.
Caroline Donovan, a former resident of Bessborough House in Blackrock, Cork, has initiated a High Court personal injuries claim against the State, the HSE, and the Congregation of Sacred Hearts of Jesus and Mary. Ms Donovan, who resided at the facility in the mid-1980s and early 1990s, alleges she was subjected to physical and emotional abuse, constituting a breach of her constitutional rights. She claims she was forced to work unpaid for the facility and a local family under harsh and unsafe conditions. Additionally, Ms Donovan alleges that her baby girl, born in the early 1980s when Ms Donovan was 15, was wrongfully adopted without her consent following undue influence. The defendants include the Minister for Health, the HSE, Ireland, the Attorney General, and the nuns who ran the home, which closed in 1999. Represented by solicitor Siobhan O'Neill and barristers Frank Callanan SC and Conor Duff BL, Ms Donovan intends to formally lodge the proceedings in the coming days. This action is understood to be among the first brought following the publication of the final report by the Commission of Investigation into Mother and Baby Homes. The matter is at the hearing_or_decision stage, with the case expected to come before the courts at a later date.
The High Court extended Norwegian Air's examinership to 100 days, the maximum allowed. Examiner Mr Kieran Wallace, appointed by the court, said he remains confident the airline can survive as a going concern if it follows a proposed restructuring plan. The court set a hearing for 25 February to approve a scheme of arrangement that would keep the airline operating. Norwegian Air, owing creditors about US$5 bn, and its four Irish subsidiaries were granted protection. Wallace's report notes the airline is analysing a board‑proposed business plan, working with creditors, and seeking €400–480 m in new capital through a rights issue and private investment. He also mentioned ongoing talks with the Norwegian government about state participation. No decision on redundancies has yet been made, and the airline plans to end long‑haul flights, affecting employment. The court also ordered the winding up of subsidiary Torskefjorden Leasing Ltd, with Wallace and Andrew O'Leary appointed as joint liquidators.
In November 2017, Laura Lambe, a 35‑year‑old mother of three from Basin Street, Dublin, was found to have smuggled heroin and Valium‑type tablets into Mountjoy prison. She concealed the drugs in her bra while visiting her then‑partner. According to her defence solicitor, Simon Matthews, a man had warned her the night before that he knew she would be entering the prison the next day, threatened her and her children, and gave her the drugs, instructing her to smuggle them in. Lambe appeared nervous during the security check, and when searched she voluntarily admitted the drugs were hidden in her bra. The court estimated the heroin's street value at €1,933 and the 24 Alprazone tablets at €2 each. Lambe pleaded guilty to the offence. Judge Melanie Greally described her as not a serious criminal, noted she had no prior convictions, and suspended a two‑year prison term on the condition of good behaviour.
The High Court heard submissions in judicial review proceedings brought by the Irish Coursing Club (ICC) against the Ministers for Health and Housing, and Local Government and Heritage. The ICC seeks an injunction to allow hare coursing to resume during current pandemic restrictions, alleging the Minister for Health's decision to delist the sport was irrational, lacked transparency, and was discriminatory. Counsel for the ICC, Martin Hayden SC and Eoin O'Shea BL, argued that the exclusion was unfair compared to permitted sports like greyhound racing and horse racing, and alleged the decision was tainted by bias due to Minister Stephen Donnelly's past support for banning coursing. They claimed the delisting occurred without consultation with relevant departments. In response, Michael Cush SC, representing the State, submitted that it is unsafe to allow coursing in the current climate and that the government is entitled to restrict the sport to protect public health. He argued coursing differs from other sports as it takes place in open areas rather than enclosed stadia, and that the majority of sports are currently curtailed under Level 5 restrictions without complaint. The State denied all allegations of bias or discrimination. Following the conclusion of submissions, Ms Justice Niamh Hyland reserved her decision, acknowledging the urgency of the application and stating she hoped to deliver judgment as soon as possible. The matter was adjourned pending the judge's ruling.
In January 2021, Energia Group Holdings DAC and its subsidiaries Energia Renewables ROI Ltd and Energia Offshore Wind Ltd lodged High Court proceedings against the Minister for Housing, Local Government and Heritage and the Minister of State for Local Government and Planning. They challenged a decision made in October 2019 to introduce a priority order for processing foreshore licence applications. The priority order gave precedence to projects deemed most aligned with national policy, such as inter‑connectors and national test sites, while projects off Helvick Head in County Waterford and off Cahore Point in County Wexford – the sites for Energia's two offshore wind farm proposals – were assigned a lower priority. Energia argues that the minister lacks statutory authority to set such an order, that no reasons were provided, and that the decision has caused unreasonable delays to its applications, which were lodged 20 months earlier.
In a High Court judicial review, Keshmore Homes Ltd (KHL) challenges An Bord Pleanala's refusal to grant planning permission for a 64‑unit housing development in Kildare Town. The proposed site, adjacent to an existing residential estate, would include detached, semi‑detached, terraced houses and eight apartments in a two‑storey block. KHL had previously applied for permission, which was denied by Kildare County Council and upheld by An Bord Pleanala in November. KHL argues that the board's decision was flawed, citing failures to consider the developer's submissions, lack of reasons, and an alleged invalid variation of the 2017‑23 Kildare County Development Plan. The developer seeks an order to quash the refusal. Mr Justice Charles Meenan granted permission for the challenge and adjourned the case to March. The hearing is part of ongoing judicial review proceedings.
Pharmaceutical company AbbVie has filed a precautionary High Court action against the Revenue Commissioners concerning a €587 million tax bill that arose after its acquisition of Allergen. The bill was originally imposed following a 2020 budget measure that made share‑cancellation schemes liable for a 1 % stamp duty, a change from previous tax exemption. AbbVie contested the assessment, and a Tax Appeals Commissioner (TAC) ruled in its favour, reducing the liability to zero. Revenue appealed the TAC's decision to the High Court, arguing the TAC lacked jurisdiction. AbbVie's counsel, Michael Cush SC, described the action as precautionary, aiming to protect its position should the High Court find the TAC's jurisdiction invalid. The case, heard by Mr Justice Charles Meenan, was granted permission on an ex‑parte basis, with proceedings scheduled to resume in late March.
The High Court appointed liquidators to Torskef Jorden Leasing Ltd (TLL), an Irish subsidiary of Norwegian Air, after the airline announced it would cease long‑haul services. The court, hearing on Friday, adjourned proceedings to allow creditors to comment and then ordered TLL's winding up. Mr Kieran Wallace and Mr Andrew O'Leary of KPMG were named joint liquidators. Lawyers for most creditors were neutral or supportive of the liquidation, citing TLL's loss of commercial viability after the airline's shift to Nordic routes. TLL had operated as a lessor of 24 wide‑body Boeing jets, earning income only from sub‑leasing to other group companies. The liquidation follows Norwegian's broader examinership and restructuring efforts, which aim to keep the airline as a going concern while addressing its significant debt and operational changes caused by the pandemic and aircraft grounding issues.
The High Court will hear an application by the Irish Coursing Club (ICC) for an injunction to allow hare coursing to resume early next week. The ICC, which regulates coursing in Ireland, has brought a judicial review against the Ministers for Health and Housing, Local Government and Heritage because the annual coursing season is limited and is due to finish at the end of February. The ICC claims that coursing was allowed to take place during the run‑up to Christmas as it was on a government‑approved list of permitted sports, but was delisted when the latest round of Covid‑19 restrictions was announced. The ICC argues that the delisting was flawed, irrational and unreasonable, and that the Minister for Health acted without consulting the departments responsible for coursing. The court has assigned the one‑day application to a judge and will hear it on Tuesday of next week.
In the High Court, Ms Justice Leonie Reynolds recommended that the Office of the Director of Corporate Enforcement (ODCE) consider appointing a second qualified person to assist barrister Niall Nolan in examining documents seized during its criminal investigation into the FAI. The matter, which involves former FAI CEO John Delaney as a notice party and the FAI as respondent, was adjourned to a date later this month. Mr Nolan, appointed last November to review materials over which legal privilege is claimed, reported good progress but described the task as mammoth. To date, privilege claims have been made for approximately 1,000 FAI documents and over 3,500 documents by Mr Delaney. Mr Nolan requested basic general information from the parties to aid his determination of privilege. Kerida Naidoo SC, representing the ODCE, stated the director would consider the appointment of an additional person but refused to disclose details of the criminal investigation to any party, including Mr Nolan. The judge declined to rule on Mr Nolan's requests at this stage, emphasizing that any information provided to him would be treated in strict confidence. The inspection concerns 280,000 files seized in February 2020, covering a 17-year period. The case has been adjourned from time to time due to the volume of documentation and the pandemic, with the judge hoping for completion in the coming weeks.
The High Court has postponed delivering its judgment in four cases brought by pub owners who challenge FBD Insurance Plc's refusal to pay business disruption claims arising from the Covid‑19 pandemic. Mr Justice Denis McDonald agreed to delay the decision to allow the parties to submit further arguments based on a forthcoming UK Supreme Court ruling that may affect the interpretation of "non‑damage" clauses in business interruption policies. 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, Athlone)—argue that their policies cover losses when premises are closed by government order due to an outbreak within 25 miles. FBD contends the closures were not caused by an outbreak at the premises and that its policies do not cover pandemics, a risk not normally insured in Ireland.
Two High Court challenges have been launched against the proposed 32‑km South Kerry Greenway, which would run from Glenbeigh to Caherciveen along the former Southern and Western Railway. The first challenge is brought by farmer James Clifford and environmental activist Peter Sweetman, who argue that An Bord Pleanala's approval of the greenway, including a 3‑metre paved surface, violates EU directives on Environmental Impact Assessments and Habitats. They claim the board failed to protect the Kerry slug and the Lesser Horseshoe bat, and seek an order quashing the decision and a declaration that the 2000 Planning & Development Act does not meet EIA obligations. The second challenge is filed by the Greenway Information Group, representing local landowners whose properties would be compulsorily purchased for the route. They also seek to quash the council's permission.
Two members of a Romanian organised crime gang, Daniel Almajanu (35) and Albert Gimy Linul (29), were found to have made and used fake credit cards in Dublin following a "deep" skimming operation in the UK. Almajanu used a card reader/writer machine to create 65 fake cards, which he handed to Linul. Linul used these cards to purchase cartons of cigarettes from several newsagents in Dublin, which were then sold for profit. Garda Ciaran Ronan reported that Linul stole £1,185 from the UK bank. Linul pleaded guilty to three counts of possessing 60 fraudulent bank cards, eight counts of using a fake HSBC card, ten counts of theft and two counts of attempted theft from HSBC between November 2019 and February 2020. Almajanu pleaded guilty to two counts of custody of 53 fake cards and one count of making 65 fake cards, plus possession of a laptop designed for card fabrication.
A mother of two, who relies on social welfare, has filed a High Court challenge against the Legal Aid Board after it denied her legal aid application. She argues the Board wrongly treated her Housing Assistance Payment (HAP) as income, which pushed her over the financial threshold for aid. The woman, who cannot be named, claims the HAP is a housing support paid to the landlord, not a benefit or income, and that the Board failed to consider her lack of means to fund litigation. She alleges the decision breaches her rights and statutory obligations. The Board's refusal was upheld in an internal appeal in October. The woman seeks judicial review to quash the refusal, compel reconsideration, and obtain declarations that the decision was unlawful, unreasonable, and based on irrelevant considerations. Mr Justice Charles Meenan granted permission ex‑parte, setting a return date for March.
Peter Sweetman, an environmental activist, has filed a High Court challenge against the Minister for Housing, Local Government and Heritage over a foreshore licence granted in October 2020 to allow investigative works for a proposed expansion of an offshore wind farm off the Wicklow coast near Arklow. The licence authorises site investigation that Sweetman claims is intended to increase the number of turbines from the existing seven to a maximum of 200. Sweetman argues that the licence decisions contravene EU habitat directives, lack published decision-making records, and were made without providing reasons, thereby breaching fair procedure. He seeks orders to quash the licence decisions. The case, with Sure Partners Limited as a notice party, was heard by Mr Justice Charles Meenan, who granted Sweetman permission to proceed and adjourned the matter to March after submissions from counsel. The proceedings remain in judicial review stage.
In a High Court hearing, Mr Justice Senan Allen ruled that a 'lites pendentes' notice registered by defendant Bill Cullen over Killegy House in Killarney, Co Kerry, must be vacated. The notice, which formally recorded a dispute over the property's ownership, was challenged by applicants including receivers Kavanagh Farrell, the Glencullen companies, Ulster Bank Ireland DAC, and Seaconview Ltd. These parties disputed Cullen's claim to a 50% interest in the property, alleging the action was not prosecuted bona fide. Cullen opposed the motion, asserting his entitlement to half the proceeds of any sale and rejecting claims that his 2018 action was insincere. He noted that separate proceedings by his partner, Jackie Lavin, had been settled in 2017. The judge vacated the notice on the procedural ground that it was not properly registered under the 2009 Land and Conveyancing Law Reform Act. While the court did not find the claim lacked bona fides, it held that even if Cullen succeeded in his main action for damages, this would not establish the beneficial interest required to maintain the notice. The matter was adjourned and will return before the court in the New Year.
Premier Tickets Limited, a Dublin‑registered ticket‑selling company, has brought a claim in the High Court alleging that €318,000 was taken without authorisation from its PayPal account between 12 and 17 November. The company says the money it holds in its account is kept on trust for ticket holders until the event is redeemed. It alleges that €311,000 was transferred to a Citibank account in the UK on 12 November, that £3,200 was paid to its account a few days later, and that over $7,500 was transferred to a Bulgarian entity on the same day. Premier Tickets says none of these transfers were sanctioned by the company and that PayPal failed to refund the money or provide reasons for the transfers. The company seeks an injunction directing PayPal's European branch to lodge the €318,000 into its account and to disclose the results of its investigation.
In a case heard at the Dublin Circuit Criminal Court, Paddy Lynch, a 36‑year‑old homeless man from Ashlawn Court, Bray, pleaded guilty to one count of trespass and criminal damage after breaking into the General Register Office on Werburgh Street, Dublin, on 9 May. Lynch entered the closed building shortly after midnight, triggered an alarm, broke an electronic gate and damaged an internal security door with a metal object. He claimed he was looking for a place to sleep. Garda Greg Moroney reported that Lynch was intoxicated and a needle was found nearby. The damage amounted to €8,000, with the electronic gate alone costing €7,000 to repair. No documents were harmed. Lynch, who has prior convictions for burglary and theft, has remained in custody. Judge Melanie Greally ordered a Probation Services report and adjourned the case to 23 February.
The High Court has granted permission for the Orchard Road and Grove Planning and Environmental Protection Group to challenge An Bord Pleanala's decision to grant planning permission for a 216-bed student accommodation development in Cork City. The applicant, representing local residents, alleges that the board's October 19 decision is flawed and breaches fair procedures. Specific claims include a failure to properly assess impacts on protected natural sites, an erroneous finding regarding minimal loading on a local wastewater treatment plant, and incompatibility of pre-planning consultation with EU Environmental Impact Assessment directives. The group further asserts that the development contravenes the Cork City Development Plan and that the Health Service Executive was not duly notified. The applicant seeks to quash the board's decision and obtain a declaration that certain consultation procedures under the 2000 Planning and Development Act and the 2016 Residential Tenancies Act are invalid. The respondents include the Minister for Housing, Local Government and Heritage, Ireland, and the Attorney General, while Denis O'Brien Developments Cork Ltd is a notice party. Mr Justice Richard Humphreys, managing the strategic infrastructure development and commercial planning list, granted the application for leave to bring the action. The matter was adjourned to a date next month.
In a High Court settlement, the State confirmed that a person shooting on their own for exercise within 5 km of their home during Level 5 Covid‑19 restrictions was not in breach of the temporary regulations. The case, brought by farmer John Flannery of Mill Road, Newtown, Nenagh, sought a declaration that his rough shooting of authorised species on his own land did not contravene the restrictions. Flannery, a firearms licence holder and long‑time member of the National Association of Regional Game Council, had continued to shoot within the 5 km limit during Level 5. He had been told by the Gardaí that pheasant shooting was prohibited, but argued that the Garda website contained misleading information. The court, hearing the matter in November, adjourned it for out‑of‑court discussions. The settlement clarified that rough shooting for exercise within the 5 km radius was permissible under the Level 5 restrictions, and the judge welcomed the resolution.
In a High Court hearing, Facebook Ireland Ltd argued it would face difficulties complying with a Norwich Pharmacal order sought by former Fianna Fail TD Frank O'Rourke. O'Rourke's application, following a successful order against Twitter, seeks details of an account he claims posted defamatory content about him, including the holder's name, email and IP address. Facebook's counsel, Rossa Fanning, explained that the company lacks a Uniform Resource Locator (URL) for the alleged defamatory post, which is necessary to identify the poster. The company also cited concerns about handing over information on a common name that could lead to the wrong account being disclosed. Justice Leonie Reynolds directed Facebook to submit a sworn statement detailing the steps it has taken to locate the account. The case was adjourned to January, with O'Rourke alleging that the posts were intended to damage his political career during the 2020 General Election. The court noted that O'Rourke had lost his seat in February's election.
In a Dublin Circuit Criminal Court hearing, Owen Shannon, 53, was found to have possessed 3,437 images and 56 videos of child sexual abuse, depicting children as young as three. The material, seized from two laptops, a computer and a hard drive, was largely Category 1, indicating severe distress. Shannon, a former security guard who had spent most of his life caring for his ill mother and later his father, pleaded guilty to one count of possessing child pornography on 23 June 2016. He admitted to gardaí that the material showed girls as young as five being abused by adult men. The court noted his solitary, isolated life and his remorse, and Judge Melanie Greally ordered a Probation Services report and adjourned the case to 2 March for finalisation.
Virgin Media Television, Deal Terms, and Virgin Media Sport have had their commercial court action against Eircom Ltd, trading as eir, admitted to the fast-track list by Mr Justice David Barniville. The applicants allege that eir failed to pay a €2.5m fee due under a 2019 agreement for the distribution of sports broadcasts. Virgin claims the total consideration was €6m, with only €1m paid in December 2019, leaving the July 2020 payment outstanding. The applicants assert that eir is in breach of contract and suspended its sport channels from eir's service in August after non-payment, prompting eir to remove its eir Sports 1 channel from Virgin's platforms. In correspondence, eir denied breaching the agreements and counter-claimed that Virgin was in breach, a position rejected by the applicants. Virgin seeks judgment for €2.5m, damages, and interest. The judge noted that liability remains a significant issue in the proceedings. He approved directions for bringing the case to hearing and adjourned the matter to the New Year. The case is currently at the hearing_or_decision stage, with no final determination of liability or sentence issued.
Mihai Adrian Hofman, a Romanian chef who has lived in Ireland since 2010, has filed a High Court challenge against the State's decision to stop his Covid‑19 Pandemic Unemployment Payment (PUP) after he temporarily left the country for a family emergency in late June. Hofman began receiving PUP payments in late March, but when he returned to Romania in June, the Minister for Social Protection unilaterally ceased his payments. He returned to Ireland on 21 July, having been prevented from returning earlier by a flight cancellation. Hofman argues that the cessation was unreasonable, unlawful, and that he was denied notice and an opportunity to address the Minister's concerns. He seeks an order quashing the Minister's decision, back payments, and declarations that the Minister erred in law and failed to provide notice. The case was granted ex‑parte permission by Mr Justice Charles Meenan and is set for a January hearing.
Businessmen Gary and David McGuinness have resolved their High Court action against US-based David Morrisroe over an alleged €1.25m investment dispute. The brothers, represented by Stephen Byrne BL, had sued their friend for failing to account for or return inheritance funds given to him in 2015 and 2016 to invest in Irish and European property and precious gems. They alleged that no such investments were made and that Mr Morrisroe misappropriated the money. Last October, the court granted temporary injunctions, including a worldwide freezing order, to prevent Mr Morrisroe from dissipating assets below the €1.25m threshold. The defendant denied all allegations of wrongdoing. The matter returned before the court on several occasions and was adjourned to allow talks between the sides to take place, with the restraints remaining in place. When the case was mentioned before Ms Justice Leonie Reynolds on Friday, the court heard that the matters had been resolved following out-of-court discussions. Counsel for the applicants stated the proceedings could be struck out with no order as to costs, noting the matter could be re-entered to enforce settlement terms. Solicitor Gerald Kean, for Mr Morrisroe, confirmed the orders could be made on consent. While the agreement is confidential, the court previously heard the brothers are to receive a substantial payment from the defendant.
In a High Court hearing, counsel for Freddie Sherry argued that the 2020 Leaving Certificate standardisation process would not have discriminated against students from disadvantaged schools, even if historical school performance data had been used. He compared the Irish system to those in England and Scotland, noting that the latter had faced criticism for disproportionately downgrading students from poorer areas. The counsel highlighted that Irish authorities had incorporated safeguards to prevent such bias and that the Minister had decided in August 2020 to exclude historical data from the calculation, despite assurances that this would not harm disadvantaged students. Sherry, a fee‑paying student from Belvedere College, claimed the removal of school data led to a 55‑point downgrade, affecting his CAO points and his application to Trinity College Dublin's Pharmacy programme. The Minister and the State denied any unlawful interference, asserting that the process was fair and that Sherry was treated like all other students.
A 24‑year‑old man from Cork, Michael Mullen, appeared before Dublin Circuit Criminal Court on charges of possessing child pornography under Section 6(1) of the Child Trafficking and Pornography Act, 1998. His defence lawyer, Luige Rea BL, applied for senior counsel, which the judge granted. The case was set for a five‑day trial scheduled for 28 June 2022.
In a High Court hearing, Mr Freddie Sherry, a student from Dublin's Belvedere College, argued that changes to the calculated Leaving Certificate grades model unfairly disadvantaged him. His counsel, Feichín McDonagh SC, presented expert evidence showing that the Minister's decision to exclude historical school performance data disproportionately lowered Sherry's grades, reducing his estimated CAO points from 542 to 487. Sherry claimed the reduction of 55 points in five subjects prevented him from gaining a place in pharmacy at TCD. The State and Minister countered that the model was lawful, that no unfair treatment occurred, and that the changes were necessary due to the Covid‑19 cancellation of exams. They also argued that reinstating historical data would be inappropriate and could undermine the results of many students. The case remains before Mr Justice Charles Meenan.
In a High Court hearing on 8 December 2020, lawyers for Freddie Sherry argued that the Minister for Education unlawfully interfered with the 2020 Leaving Certificate calculated‑grades process by excluding historical school performance data. Sherry, a student from Belvedere College, claimed the minister's August 2020 directive to omit such data caused his estimated CAO points to fall from 542 to 487, a 55‑point downgrade that prevented him from gaining a place in pharmacy at Trinity College Dublin. Counsel described the minister's action as a "top‑down intervention" that produced inflated grades and breached commitments to fairness and comparability with previous years. The minister and state lawyers denied the allegations, asserting that the exclusion was justified and that reinstating historical data would be inappropriate after CAO offers had been issued. The case, part of a broader challenge by about 50 students, is set to continue for two weeks before Mr Justice Charles Meenan.
The High Court confirmed the appointment of Mr Kieran Wallace as examiner for Norwegian Air and related companies, giving him up to 100 days to devise a scheme of arrangement for creditors owed about US$5 bn. The judge also placed Norwegian Air Shuttle ASA, the parent company, under examinership, noting its close connection to the Irish entities and that the process could be recognised by a Norwegian court. The examiner's role includes implementing a restructuring plan and securing additional financing, with an Independent Expert's Report indicating a reasonable prospect of survival. Creditors, including aircraft leasing firms and financial lenders, largely accepted the appointment, with only Rolls Royce expressing support. The court adjourned the matter to a later date, allowing the examiner to work with the group and its creditors to pursue a viable survival strategy.
The Commercial Court has been asked to set aside a transfer of assets by businessman Alistair Tidey to his wife Jane, which the Deputy Official Assignee (OA) claims was a sham designed to protect assets from Tidey's creditors. The OA's action, brought by Deputy Official Assignee Denis Ryan, is against Mrs Tidey and two companies, Universal Concepts Ltd and Two Design Investment Ltd. Mrs Tidey, represented by solicitor Graham Kenny, denies wrongdoing. The case arose from alleged transfers between the couple that the OA says were fraudulent conveyances made while Tidey was insolvent, before his 2019 bankruptcy. The OA seeks orders declaring the transfers null and void. The matter was admitted to the fast‑track commercial court list and will return in January. The court heard that Tidey had previously secured loans from EBS, refinanced them, and later claimed a net asset deficit, leading to his bankruptcy.
A businessman must remain in Mountjoy Prison after a High Court judge found him in contempt of court orders relating to two properties in County Monaghan. Fergal Deery of Drumhillock was committed to prison this week following his arrest by Gardaí. The High Court had issued orders in 2015 restraining him from trespassing on premises in Monaghan Town, formerly operated as a bar and nightclub, which were acquired by Wardglade Limited from a receiver. Mr Justice Allen heard evidence on Thursday that Mr Deery had breached those orders on multiple occasions in 2019. Mr Deery denied the allegations and disputed CCTV evidence placing him at the properties. The judge ruled he should remain imprisoned unless he purges his contempt or obtains legal advice to challenge the March finding against him. Wardglade's counsel confirmed his client sought compliance with court orders rather than Mr Deery's continued incarceration.
Dunnes Stores secured a High Court injunction preventing Mr Price from selling food products, but not groceries, from its unit at Barrow Valley Retail Park, Carlow, pending a full hearing. Judge Senan Allen granted the injunction for food items, including confectionery and bottled water, citing a restrictive covenant in lease agreements that barred other units from operating as supermarkets or discount food outlets. The injunction does not extend to groceries due to uncertainty over what constitutes a grocery and the plaintiffs' failure to specify prohibited items. Mr Price's representatives argued the orders were too vague and had already ceased selling food products pending the action. The judge ruled that damages would not be adequate and that the balance of convenience favored the injunction. Legal costs will be borne by the losing side, and the case will return in January for a full trial.
In a 2020 High Court decision, Mr Justice Denis McDonald quashed An Bord Pleanala's approval of a development at Rathmullen, Drogheda, that would have added 661 homes, a neighbourhood centre and a creche. The judge found the board's decision "wrong in law" because it failed to properly assess the impact on bird species in the Boyne Estuary Special Protection Area and on four nearby Natura 2000 sites. The court held that the board had not carried out the required high‑tide survey of rare birds, a requirement under the EU Habitats Directive, and had incorrectly considered mitigation measures. The decision was challenged by Highland Residents Association and Protect East Meath Ltd, who argued the board had ignored ecological and historical concerns. The case will return for final orders at a later date.