In a High Court hearing, Mr Justice Michael Hanna awarded €83,000 in damages to 58‑year‑old Doris Whelan after she slipped and fell on a small amount of an oil‑like substance at a Dunnes Stores outlet in Ashleaf Shopping Centre, Walkinstown, Dublin 12, on 27 June 2013. Whelan sued Dunnes for injuries she claimed were caused by the hazardous floor condition. The court found that the evidence, including CCTV footage, showed Whelan had slipped while wearing flat shoes and that the oil‑like substance had come from a stock trolley. Dunnes had denied the claims and argued that Whelan had contributed by not looking where she was going, but no evidence was presented to counter the claim. The judge noted that Whelan had no prior knee problems and had undergone knee replacement surgery many years earlier.
Qiuping Chen, 35, pleaded guilty to running a brothel at Jasmine Massage Parlour on Dorset Street, Dublin, from January 2016 to July 2017. She continued to provide "happy endings" – a sexual act resulting in climax – despite three Gardaí warnings. In January 2016 a Garda posed as a client, was offered a happy ending, and was warned that such acts were illegal in Ireland. Subsequent Gardaí visits in October 2016 and April 2017 found Chen still offering the acts, and a warrant in July 2017 uncovered seven vibrators, four bottles of lube, a ledger of customers, and CCTV footage of Chen and another person in a shower. Chen denied responsibility for the sex acts, claiming she employed masseuses. Judge Karen O'Connor noted no evidence of exploitation or human trafficking, accepted a cultural misunderstanding, and suspended a two‑year prison term. She praised Chen's cooperation with Revenue and Criminal Assets Bureau and her new work as a hairdresser.
Former TD Frank O'Rourke has filed separate High Court applications against Facebook and Twitter seeking to identify the posters of what he alleges are untrue and defamatory posts about his personal life that appeared on social media shortly before the February 2020 general election. He claims the posts were designed to cause maximum professional damage to him during the election, at a time when he was experiencing a difficult marriage breakdown. O'Rourke says the posts, made on Facebook pages linked to the Celbridge area in early February, alleged false matters about his family and finances and were intended to show him as unfit to serve in Dáil Éireann. He also alleges a tweet was sent shortly before the election urging people not to vote for him and repeating the same untrue statements. O'Rourke, represented by Declan Doyle SC, seeks Norwich Pharmacal orders to obtain the account holders' names, addresses and IP addresses so he can sue them for defamation.
A High Court challenge brought by Coolberrin Wind Farm Ltd against An Bord Pleanála's refusal of planning permission for a grid connector in County Monaghan has been admitted to the Strategic Infrastructure Development and Commercial Planning list. The subsidiary of Energia Group sought to link a proposed seven-turbine wind farm to the national power network. Monaghan County Council granted permission for the connector, but An Bord Pleanála refused it following an appeal by An Taisce, citing insufficient environmental information regarding impacts on Curlew and Hen Harrier populations. The developer contends the connector is essential to the project's viability. Coolberrin seeks to quash the board's decision and obtain declarations that it erred in law and applied incorrect legal tests. An Taisce and Monaghan County Council are notice parties. Mr Justice Richard Humphreys granted permission for the action to proceed and adjourned the matter to December.
The owner of a protected Dublin building, Kodasen Ltd, has taken the High Court to stop demolition works on a neighbouring property being developed for social housing. Kodasen, represented by Lydia Bunni BL, claims that the works at 84 North King Street – known as 'Malthouse Court' – could damage the structural integrity of its five‑storey building at 85 North King Street. The owner cites concerns over proposed piling works that may lack proper support, and water damage alleged to have occurred during summer demolition. Kodasen asked the defendant, Cooperative Housing Ireland Society Ltd, to halt certain works until a compromise was reached, but was informed that no undertaking would be given. The case was adjourned for a week after the defendant pledged not to carry out any works until the next hearing. The judge urged joint expert inspections to address all concerns. The proceedings remain pending.
A dispute involving family members over the running of Foxfield Inns Designated Activity Company, which owns well-known hotels in Dublin and Galway, has been admitted to the fast-track Commercial Court list. Mary Flannery, an applicant, alleges that her brothers Frank Flannery, Kevin Flannery, and sister-in-law Sheelagh Flannery, along with accountant James Norton, have acted in an oppressive manner, infringing her rights as a shareholder and director. Ms Flannery claims she was denied answers to her questions about the firm's affairs, which she says is oppressive to her interests. She also alleges that Mr Norton, who was appointed the personal representative of her late brother, acts as a 'shadow director' and exerts undue influence over the company. Mr Norton denies all allegations of wrongdoing. Mary Flannery has also raised concerns about the company's financial dealings, including payments to Mr Norton, corporate governance fees, and alleged irregularities in the company's banking arrangements and transactions. She claims that no proper explanation was given for the purchase and sale of an apartment in New York or the receipt of rents from commercial units in Galway by an entity called AutoExec. Mary Flannery seeks various orders from the court, including the purchase of shares, regulation of the firm's affairs, compensation, or the appointment of a liquidator. The matter was adjourned to a date in January, with the court to consider the application by Andrena Flannery to be added as a party to the action at a later date.
In November 2020, Bronagh Conlon, co‑founder and managing director of Listoke Distillery, settled High Court proceedings that had sought to prevent her dismissal. The lawsuit, filed in July, had requested an injunction to stop her termination and to bar the appointment of a new managing director, as well as an order restraining her dismissal pending the outcome of the case. The court adjourned the matter several times to allow out‑of‑court talks, during which Conlon remained in her role. On Thursday the High Court heard that the parties had reached a settlement, and the action could be struck out on consent. No settlement details were disclosed. Conlon's statement praised the legal and financial support she received and expressed gratitude to her family, customers, suppliers and the local community. The settlement allowed her to continue as MD of Listoke Distillery, which produces the Listoke 1777 gin and operates a gin school.
The High Court appointed Mr Kieran Wallace as interim examiner to several Irish‑registered companies of the Norwegian Air group, including Arctic Aviation Assets DAC, Norwegian Air International Ltd, Drammensf Jorden Leasing Ltd, Torskef Jorden Leasing Ltd and Lysakerf Jorden Leasing Ltd, as well as the parent Norwegian Air Shuttle ASA. The firms sought examinership because of financial difficulties largely caused by the Covid‑19 pandemic. Mr Justice Michael Quinn noted that an Independent Expert's Report indicated the companies had a reasonable prospect of survival if an examiner was appointed and a restructuring plan fully implemented, including additional financing. The court was satisfied that creditors, such as aircraft leasing companies and financial lenders, would benefit from a successful examinership rather than liquidation. The board of directors petitioned for the appointment, hoping Mr Wallace would devise a scheme of arrangement to allow the companies to continue as going concerns. The matter was adjourned to December.
An intellectually disabled man, whose identity is withheld for legal reasons, has filed a constitutional challenge against Irish law after a High Court order prevented him from marrying his girlfriend of 15 years, who also has an intellectual disability. The man had been declared a ward of court by a charity the day before his wedding, and the High Court President, Mr Justice Peter Kelly, issued an order stopping the marriage. He now seeks declarations that the 1811 Marriage of Lunatics Act, the 1871 Lunacy Regulations, and the wardship provisions of the 1936 and 1961 Courts Acts are unconstitutional and violate his rights under the European Convention on Human Rights. He also requests that Section 7 of the 2015 Assisted Decision Making (Capacity) Act be enforced immediately to replace the existing wardship system with supported decision‑making.
In a Circuit Court claim, 55‑year‑old Pamela Dudgeon sued Supermac's Ireland Limited for personal injuries sustained when a chair at a Galway outlet broke on 6 January 2017, causing her to fall. She alleges injuries to her lower back, backside and abdominal muscles, pain, difficulty driving and sleeping, and loss of work ability. Dudgeon seeks damages for negligence. Supermac's acknowledges the chair broke but denies that she fell or suffered the injuries claimed. Dudgeon's lawyers requested CCTV footage of the incident to support her claim; Supermac's opposed the request, arguing the footage was unnecessary. The Circuit Court rejected the request, and the High Court upheld that decision, stating the defendant's admission of the chair's defect made the CCTV unnecessary for the claim. The parties remain in dispute over causation and quantum of damages.
Dunnes Stores has taken the High Court to stop rival retailer 'Mr Price' from selling groceries from a unit next to one of its Carlow outlets. The claim is that the sale breaches a restrictive covenant in lease agreements for units at Barrow Valley Retail Park, Sleaty Road, which Dunnes and the landlord Camgill Property Ltd say were designed to keep the park's anchor tenant, Dunnes, as the sole supermarket. The plaintiffs allege that Mr Price began selling food and groceries last month, violating the covenant, and that both Dunnes and the park's management asked the defendants to stop. Mr Price offered to cordon off food items pending a resolution but argues the covenant cannot be enforced. The court granted the plaintiffs an ex‑parte notice to serve the defendants and adjourned the case to a date next week.
A High Court judge ruled that Olaf Raetzel, a 51‑year‑old German national living in Ireland, may be surrendered to the UK to face three charges of making indecent photographs of a child. Raetzel had objected to his surrender, arguing that the UK's exit from the EU could affect his fundamental rights. The judge rejected this objection, finding no evidence that the UK's withdrawal would deprive him of those rights. Under Section 16 of the European Arrest Warrant Act 2003, Raetzel can be surrendered, and he may file a constitutional complaint before surrender.
In a High Court ruling, Judge Leonie Reynolds ordered that ex‑FAI chief John Delaney must finish inspecting 280,000 documents seized by the Office of the Director of Corporate Enforcement (ODCE) in February. The documents, covering 17 years of FAI activity, include thousands of emails. Delaney, represented by Paul McGarry SC, had previously requested an extension to mid‑January 2021, arguing the volume required more time and that additional search terms would help identify privileged material. The ODCE, represented by Kerida Naidoo SC, opposed the extension, claiming it would delay the investigation. The judge rejected the request for extra search terms, noting that sophisticated software had already applied Delaney's terms. She set a completion date of 11 January 2021 and appointed barrister Niall Nolan BL to review claims of legal professional privilege. The case will return to court in the New Year.
The North Great George's Street Preservation Society has filed a High Court judicial review against An Bord Pleanála's decision to grant planning permission for a co‑living development on Dublin's North Great George's Street. The proposed project, consisting of 132 residential units across three to seven storeys, sits on North Great George's Street and Hill Street and was approved in June with 17 conditions. The Society argues that the area is of historical architectural importance and that nearby buildings are protected structures. It contends that the Board's assessment that the development would not adversely affect the street's character and heritage is unreasonable and that the Board failed to conduct a proper Environmental Impact Assessment or comply with EU directives. The case was heard ex‑parte by Mr Justice Charles Meenan, who directed the Society to apply for permission to bring the challenge in the presence of other parties, and the matter was adjourned to January.
Mr John Flannery, a farmer and long‑time member of the National Association of Regional Game Council, has filed a High Court judicial review to challenge the Gardaí's claim that shooting pheasants during the Level 5 Covid restrictions is prohibited. He argues that his "rough shooting" – shooting authorised species on his own land within 5 km of his home – is lawful and that the Gardaí's website contains misleading information. The review seeks a declaration that he is not in breach of the temporary regulations under the 1947 Health Act, an injunction against prosecution, and a directive for the Gardaí to publish a statement confirming that individual rough shooting in compliance with Level 5 restrictions is not prohibited. The case is a test action, with the court scheduled to consider it on December 8, pending the possible easing of restrictions. The respondents are the Garda Commissioner, the Minister for Justice, and the Attorney General.
In a Dublin Circuit Criminal Court hearing, Ross Maher, aged 22, was fined €25 after he swung a 12‑inch carving knife at Gardaí while topless and covered in blood. The incident occurred on May 23 at Ross Road near Christchurch Cathedral, where Maher had been drinking and taking pills. He repeatedly refused Garda commands to drop the knife, prompting a Garda to draw his firearm. Maher's father intervened, and the officer used pepper spray to compel him to surrender the weapon. Maher was arrested, treated at St James's Hospital, and pleaded guilty to possessing a large carving knife in the course of a dispute. He has no prior convictions, has since entered rehabilitation, and is now drug‑free. The judge, citing the event as a one‑off, sentenced him under the Probation Act, ordering the €25 fine.
Businessman Declan Ganley has filed a High Court judicial review against the State's Level 5 Covid‑19 restrictions, arguing they breach his constitutional right to practise religion. Ganley, a practising Roman Catholic from Galway, claims the restrictions prevent him from leaving his home to attend Mass, a right protected under Article 44 of the Irish Constitution. He seeks orders to quash Regulation 5(1) and (3) of the 1947 Health Act and declarations that the regulations are incompatible with constitutional provisions or that they do not bar him from religious worship. The case was adjourned to 8 December for reassessment, with the judge noting the State is presumed to oppose the challenge but may choose otherwise. Ganley's lawyers emphasize the urgency, citing the possibility of future re‑imposition of similar restrictions. The matter remains pending, with no decision yet on the merits of the challenge.
Qiuping Chen, 35, pleaded guilty to managing a brothel at Jasmine Massage Parlour on Dorset Street, Dublin, from January 2016 to July 2017. Garda Pauline Treanor warned her on three visits that providing "happy endings" – a sexual act ending in climax – was illegal. Despite the warnings, Chen admitted the practice continued in October 2016 and April 2017. In July 2017, a warrant search found seven vibrators, four bottles of lubricant, a ledger of customers and CCTV footage of Chen and another person in a shower. Chen denied responsibility for the sexual acts, claiming she employed people for massages. Counsel noted no evidence of exploitation or trafficking, and that Chen had cooperated with Revenue and the Criminal Assets Bureau. The case was adjourned to sentencing on 27 November.
Environmental activist Peter Sweetman has initiated High Court judicial review proceedings against the Forestry Appeals Committee's decision to grant a felling licence to Coillte for coniferous Sitka Spruce trees on the Bellamont Forest Estate near Cootehill, Co Cavan. The licence, issued in July 2020, covers 2.7 hectares of forestry land. Mr Sweetman contends the committee failed to conduct adequate environmental screening under the EU Habitats Directive before authorising the operation. He argues the site's proximity to designated Special Areas of Conservation and Special Areas of Protection poses risks to local bird and otter populations. Mr Sweetman further claims the committee did not consider cumulative impacts of multiple felling licences in the area or properly assess chemical use and its ecological consequences. He seeks orders quashing the licence decision and declarations of procedural failure. Mr Justice Charles Meenan directed that the application for permission to challenge proceed with all parties present. The matter was adjourned to later in November.
Abdul Malik Bekmirzaev, a seven-year-old Dublin-born boy, and his mother, Iryna Paltarzhytskaya, have brought a High Court challenge against the State's refusal to recognise him as an Irish citizen. The applicants, currently residing in Belarus, seek orders for the issuance of an Irish passport and declarations that the boy is a citizen. Their claim arises after the State retrospectively revoked the naturalisation certificate of his father, Alexandr Bekmirzaev, who is alleged to have joined ISIS in Syria. The State contends that the father's 2001 marriage, which facilitated his 2010 naturalisation, was one of convenience. The boy's legal team argues that the refusal breaches his constitutional and European Convention on Human Rights rights, asserting that the revocation was not carried out in accordance with law and should not have retrospective effect on his status. They further note that the State refused to provide a copy of the revocation without authority from the father, who is missing and feared dead. The applicants, who were deported from a Turkish refugee camp in January, wish to return to Ireland. The case was heard by Ms Justice Tara Burns, who granted permission to bring the challenge on an ex-parte basis. The matter was adjourned and will return before the court next month.
An environmental group, Friends of the Irish Environment CLG (FOTIE), has filed a High Court challenge against EU fishing quota regulations for 2020. The group argues that the Irish State has failed to meet the legally defined deadline to end overfishing of all stocks by 2020, as required by the Common Fisheries Policy reformed in 2013. FOTIE claims that the EU Commission's total allowable catches for national fleets are set at unsustainable levels, which would harm the marine environment and European fishing sustainability. The charity also contends that the 2020 fishing quotas issued by the Minister for Agriculture are invalid because they conflict with proper management and conservation under the policy and breach the 2006 Sea Fisheries and Maritime Jurisdiction Act. The case, represented by James Devlin SC and John Kenny BL, seeks orders to quash the quotas, a declaration of breach, and referral to the EU Court of Justice.
High Court proceedings were adjourned to a date later this month in a dispute involving applicants Noeleen Ellickson, Orna Hoban, Fergus Hoban, and Waterford Castle against respondent Seamus Walsh. The applicants, represented by Frank Callanan SC, sought injunctions alleging that Mr. Walsh has been intimidating them and attempting to enter their family home in Ballinakill, Co Waterford. They claim Mr. Walsh believes he purchased their dwelling house from a receiver, although they assert the 2.3-acre plot containing the home was never part of the mortgage agreement held by AIB. Mr. Ellickson alleged that on October 17, Mr. Walsh attempted to remove a gate and acted aggressively, calling him a trespasser. The applicants stated that no undertaking was provided by Mr. Walsh to refrain from entering the disputed lands. Ms Justice Leonie Reynolds, hearing the matter on an ex-parte basis, granted permission to serve short notice of the proceedings. Noting the dispute had become "heated," the judge expressed hope that legal advice might help resolve the matter. The case was adjourned to a date later this month.
Thomas Regelski, a 79‑year‑old retired U.S. academic living in Helsinki, is suing University Hospital Limerick for alleged medical negligence. He was admitted to the hospital in June 2019 while holidaying in Ireland, where he was diagnosed with pneumonia and treated with antibiotics, including Levoflaxin, and steroids. Regelski claims that the combination of Levoflaxin and steroids, which national guidelines advise against, caused him to develop bilateral Achilles tendon ruptures. He says the injuries left him confined to a wheelchair for four weeks. To bring a High Court claim against the hospital, Regelski needs a Personal Public Service (PPS) number, which he has not received despite applying and providing all required documentation to the Minister for Employment Affairs and Social Protection. He is seeking a judicial order compelling the Minister to issue the PPS number and a declaration that the failure infringes his right of access to the courts.
Datapower Limited has sued former senior employees Declan O'Toole and Graham Mullally, along with Phoenix Security Alarms Ltd, a company linked to them. The company claims the defendants are attempting to solicit its customers and have breached restrictive covenants. Datapower had previously obtained temporary injunctions preventing the defendants from approaching or soliciting any of its customers. The court heard that the defendants had been hired after Datapower acquired Phoenix Alarms Ltd in late 2018, and that they had recently resigned. Datapower alleges that the new company, Phoenix Security Alarms Ltd, was set up to "free ride" on the goodwill of the acquired firm. The court granted injunctions on an ex‑parte basis and will hear the case again in two weeks, with the injunction remaining in place until then.
Gerry O'Hare, a prominent Belfast republican and travel journalist, died at 79 in Belfast on 29 October 2020 after a period of ill health. He had joined the Provisional IRA in 1969, rising to a high‑ranking position before fleeing to the Republic in the early 1970s and being imprisoned for IRA membership. While in Mountjoy Prison, he helped restrain prison officers during a hijacked helicopter incident in 1973 that saw three IRA men escape. After his release, he served as editor of the republican paper An Phoblacht from 1975 to 1977. He later worked for the Irish Press Group, becoming its travel editor, and founded the magazine Travel Extra in 1995. O'Hare remained connected to the republican movement until his death. He was survived by his second wife, journalist Anne Cadwallader, and his first wife, Rita O'Hare, Sinn Féin representative in Washington DC.
Judgement will be given early in the New Year on four important test cases brought by pub owners over the refusal of insurer FBD to pay out on business disruption losses over the Covid-19 pandemic. The four publicans have challenged FBD Insurance Plc's refusal to indemnify them and its stance that its policies do not cover the disruption caused by the pandemic. The test cases were brought by Dublin bars Aberken (trading as 'Sinnotts Bar'), Hyper Trust Ltd (trading as 'The Leopardstown Inn'), Inn on Hibernian Way Ltd (trading as 'Lemon & Duke'), and Leinster Overview Concepts Ltd (owner of 'Sean's Bar' in Athlone, Co Westmeath). Each pub owner claims that their policies with FBD cover consequential losses due to an 'outbreak of contagious or infectious diseases' within 25 miles of their premises. FBD disputes this, arguing that closures were not due to an outbreak at the premises or nearby areas and that the general insurance market in Ireland does not cover pandemics. The matter was adjourned following a three-week hearing, with Mr Justice Denis McDonald stating he hopes to deliver his decision in mid-January. The court proceedings were conducted using TrialView, a remote court system praised for its functionality during the hearing.
Starrs Holdings Ltd has initiated High Court proceedings against An Bord Pleanala to challenge planning permission granted last August to Lulani Dalguise Ltd for a 300-unit housing development in Monkstown, south County Dublin. The proposed project includes eight apartment blocks ranging from five to nine storeys, 22 houses, the conversion of Dalguise House into two dwellings, and a creche on a three-hectare site near Monkstown Village. The applicant, represented by Neil Steen SC and Niall Handy BL, alleges the permission is flawed due to breaches of fair procedures, specifically regarding post-grant agreements on road traffic issues. It is claimed that the board failed to adequately address objections, ignored errors in traffic documentation, and irrationally assumed access across third-party lands without legal agreements. Additionally, the applicant argues that pre-construction works would breach the EU Habitats Directive by disturbing protected bat and heron populations. Ms Justice Niamh Hyland granted permission to bring the challenge and admitted the action to the Strategic Infrastructure Developments list. She imposed a stay on pre-construction works but granted the developer liberty to seek to lift this stay on notice to the applicant. The developer is a notice party to the proceedings.
Samantha Sinnott, a 41‑year‑old midwife at Wexford General Hospital, was convicted of a money‑laundering offence and received a 12‑month suspended prison sentence in February 2020. She claims she was dismissed by the HSE after the sentencing, despite having continued to work, been promoted, and given a new contract. Sinnott alleges the HSE failed to investigate her case, did not interview her, and dismissed her on the basis of her conviction without proper procedure. She has filed a High Court judicial review seeking to quash the dismissal, arguing it was unreasonable, irrational, disproportionate, and violated her constitutional and ECHR rights. The court granted permission ex‑parte, and the case is set for a December hearing. Samantha Sinnott pleaded guilty.
The High Court has adjourned the lead challenge to the standardisation of 2020 Leaving Cert grades, a case brought by Freddy Sherry of Belvedere College, Dublin. The case was set to start on Wednesday morning but was postponed because the court was told that the matter was not ready to proceed due to an issue concerning the discovery of documents by the State. Mr Sherry's case will be heard early next week, and all other challenges to the standardisation process have been adjourned to a date next month pending the outcome of his action. In his application, Mr Sherry, represented by Micheál P O'Higgins SC, Feichin McDonagh SC and Brendan Hennessy BL of Ferry Solicitors, alleges that a decision by the Minister for Education in August "interfered" with the work of the Independent Steering Committee on Calculated Grades.
In a High Court hearing on 20 October 2020, Mr Justice Tony Hunt considered an application by the legal representatives of a 56‑year‑old man who had pleaded guilty in 2015 to repeated rape and sexual assault of his wife's two sons, aged under ten at the time of the abuse, which occurred between 1993 and 2003. The victims, now adults, had previously requested that their statutory anonymity be waived so that the perpetrator could be named publicly. However, Mr Hunt had placed a stay on the waiving of anonymity because related cases were pending in Wicklow Circuit Criminal Court. In July, the prosecutor informed the judge that the Wicklow trials had concluded and the Director of Public Prosecutions was now seeking to lift the anonymity order. The defendant has changed legal counsel several times; at a recent hearing he expressed fear that publication of his identity would endanger him and stated he was in therapy.
Garda Paul Mulcair, stationed at Kinsale Garda Station, has filed a High Court challenge to stop his dismissal after an internal probe found he breached Garda Discipline Regulations. Between 2014 and 2017, Mulcair allegedly approached 10 community members for loans totalling €140,300, receiving €9,700. He admits asking for money but denies requesting €120,000 from one individual. A Board of Inquiry concluded he breached discipline, recommending dismissal for two breaches and resignation for five. Acting Commissioner John Twomey dismissed Mulcair, citing the board's findings. Mulcair argues the disciplinary process was flawed, that irrelevant matters were considered, and that the board's decision was pre‑determined. He seeks judicial review to quash the board's findings, recommendations and dismissal decision. Permission to proceed was granted ex‑parte by Mr Justice Charles Meenan, with the case adjourned to December.
Mr Justice Michael White announced that if the Irish government imposes a Level 5 lockdown, no new juries will be sworn to hear trials at the Central Criminal Court. Trials already underway will continue, but new juries will not be selected. Under Level 4 restrictions, trials can proceed with juries chosen from smaller panels to maintain social distancing. The judge's outline mirrors the system used during the first lockdown, where ongoing trials, such as that of Garda murderer Aaron Brady, were allowed to conclude. A further statement from the Courts Service is expected later today.
The Office of the Director of Corporate Enforcement (ODCE) opposes granting former FAI chief John Delaney additional time to examine files in its criminal investigation. The High Court, where the FAI is the respondent, is asked to decide whether some documents are protected by legal privilege and thus unavailable to the ODCE. Delaney, now based in the UK and a notice party, seeks more time to review material, including his emails, to identify privileged content. The ODCE, which began its application in February, wants the matter heard in December. Justice Leonie Reynolds expressed displeasure at the pace of the inspection and criticised what she described as "tit for tat tactics" by both parties. She noted Delaney had promised to complete the inspection within an agreed period, which she said had not been met. Delaney's counsel, Paul McGarry SC, reported progress but highlighted difficulties in determining which documents are private or privileged.
The High Court has appointed provisional liquidators to two fashion retail companies that operated thirteen Pamela Scott stores across Ireland. Arzac Developments Ltd ran ten stores while Richard Alan & Co operated three, with outlets in locations including Sligo, Dublin, Limerick, Tralee and Cork. The firms, employing 104 people, sought winding up orders citing challenging market conditions, rising operating costs and the impact of the Covid-19 pandemic, which rendered them insolvent. Mr Justice David Keane appointed insolvency practitioners Eamonn Richardson and Ian Barrett of KPMG as joint provisional liquidators. The court heard the companies faced pressure from landlords, reduced footfall and changes to wage subsidy schemes. Both firms were dependent on their parent company, Flairline Fashion Ltd, for administrative and financial support, which was no longer available. The judge made the cases returnable to November.
The High Court granted interim injunctions to brothers Gary and David McGuinness, who claim they are victims of an alleged €1.25m fraud by US-based David Morrisroe. Ms Justice Leonie Reynolds ordered that Mr Morrisroe be restrained from dissipating assets valued below €1.25m and must provide information on his worldwide assets. The applicants allege that in 2015 and 2016, they invested funds with Mr Morrisroe for Irish and European property and precious gems, but believe no such investments were made. Gary McGuinness stated that information provided by the defendant was largely untrue, including claims about specific properties in Meath and Dublin. David McGuinness alleged that funds transferred for a diamond deal in Kenya were instead used to repay a third-party debt owed by the defendant. The brothers reported the matter to An Garda Síochána. Mr Morrisroe was put on notice of the proceedings but did not attend court, nor were representations made on his behalf. The applicants are seeking orders directing the repayment of monies. The matter was adjourned and will return before the court in two weeks' time.
At the Central Criminal Court, victim impact statements were read concerning the murder of Detective Garda Adrian Donohue, who died during an armed robbery at Lordship Credit Union on 25 January 2013. His wife Caroline described the lasting trauma of witnessing the incident and the absence of their father from their children's milestones. His parents Hugh and Peggy Donohue spoke of their son's character, his devotion to family and the Gardaí, and the irreversible division their lives experienced following his death. Detective Garda Joseph Ryan, Donohue's colleague who was present during the shooting, detailed his diagnosis of post-traumatic stress disorder and his subsequent early retirement from An Garda Síochána in 2018. Adrian's siblings expressed the immeasurable void left by his death and lamented the family occasions and relationships he would never experience. The statements were presented as part of proceedings at the Central Criminal Court relating to the case.
In October 2020, privacy activist Max Schrems filed a High Court challenge to stop the Data Protection Commissioner's (DPC) investigation into Facebook Ireland's transfer of data to its U.S. parent. Schrems argued that the DPC's own‑volition inquiry, launched after a July EU Court of Justice ruling, would exclude him from a process he had been involved in since 2013 and 2015, when he first complained about the data transfers. He claimed the inquiry breached his right to be heard and that the DPC had failed to provide adequate reasons for opening an inquiry instead of a complaint‑based one. Schrems, represented by Eoin McCullough SC and James Doherty SC, sought an order quashing the DPC's decision, directing the DPC to complete his complaint with diligence, and to conduct any inquiry as part of a complaint‑based process. The court granted permission ex‑parte, stayed the DPC's investigation, and adjourned the case to December.
In October 2019, 31‑year‑old Ian Morton, after being asked to leave a pub in Harold's Cross for drunkenness, drove to a nearby garage, bought €5 of petrol, and set fire to the doorway of a house on Harold's Cross Road. Witnesses at the pub saw the fire and extinguished it with a fire extinguisher, but the building, which housed several apartments, was evacuated and suffered smoke damage. Morton, who had burns on his arms, hands and face, was arrested the next day at his aunt's house. He pleaded guilty to one count of arson. The court noted he had two prior drink‑driving convictions, had no memory of the incident, and was deeply remorseful. He has stopped drinking, is seeking rehabilitation, and has €2,000 available as a token of remorse. The matter was adjourned for finalisation on 7 December.
Dublin Circuit Criminal Court has scheduled a criminal trial for eight men, who are alleged to have committed assault causing harm and violent disorder in Dublin in February 2015. Judge Patricia Ryan set the trial to begin on January 25, 2021, at Croke Park. The venue was selected to facilitate social distancing measures. The eight defendants face these charges, which remain alleged or contested, and no pleas, findings, sentences, or finalisations have been recorded at this procedural stage. The matter is currently set down for trial, with no adjournments, suspended portions, effective custody, or specific conditions noted in the available report. This decision reflects the court's procedural arrangement for the upcoming hearing, ensuring compliance with public health guidelines while proceeding with the legal process. The allegations against the eight men are strictly attributed as such, and no conviction or final determination has been made. The trial date and venue represent the current status of the case, with further developments expected as the proceedings advance.
In a High Court hearing on 8 October 2020, FBD Insurance's counsel, Declan McGrath SC, argued that the company's business interruption policies cover only localised disease outbreaks and do not extend to pandemics such as Covid‑19. McGrath rejected the claim that FBD was obliged to indemnify four Irish pub owners for losses incurred during the pandemic, stating that the policies do not cover pandemics and that the relevant peril is the period of government‑ordered closures, not the virus itself. He noted that the policies' clause covering closures due to outbreaks within 25 miles does not apply to a pandemic. McGrath also indicated that evidence would be presented showing that the bar and restaurant sector had already suffered losses from fear of Covid‑19 before the March closures, and that similar losses occurred in countries without enforced closures.
In a Commercial Court hearing, insurer FBD denied providing pandemic coverage, stating no policy for Covid‑19 had ever been requested. Four Dublin bars and a Westmeath pub sued FBD, claiming their policies covered losses from closures due to outbreaks within 25 miles. FBD argued the pandemic was outside the clause, citing specialist overseas brokers for such coverage. Counsel cited an English High Court ruling favouring the FCA, but argued the UK decision should not bind the Irish court. The parties discussed a potential breach of an implied undertaking regarding media release of pre‑trial documents. Judge Denis McDonald called the matter serious and urged investigation. The case remains ongoing, with parties agreeing to liaise on the undertaking issue. The hearing continues.
In a Commercial Court hearing, four Dublin‑based publicans and a bar in Athlone challenged FBD Insurance PLC's refusal to pay business interruption claims arising from the Covid‑19 pandemic. Senior Counsel Michael Cush argued that FBD's position—that the pandemic does not fall within the policy's coverage of "outbreaks of contagious or infectious diseases" within 25 miles of the premises—is "plainly wrong" and "makes no sense." Cush highlighted that the insurer's interpretation would exclude coverage for nationwide closures, a stance he said was unsupported by the policy documents. The publicans claim breach of contract and seek orders directing FBD to indemnify them for losses incurred during the temporary closures that began in mid‑March. The case, which involves 1,100 Irish pubs and bars, is ongoing and is expected to last several weeks.
Dublin Circuit Criminal Court heard the case of Dubliner Stuart McManus, 44, who pleaded guilty to making a threat to kill or cause serious harm to a woman at her home on Ferguson Road, Drumcondra. The incident occurred on Hallowe'en night after McManus was taunted by children throwing fireworks at his residence. He allegedly confronted the victim, holding a travel cup he claimed contained boiling water and sugar, and threatened to throw it at her or her son. McManus admitted frightening the victim but stated he was provoked by the anti-social behaviour. In a victim impact statement, the woman expressed no animosity towards McManus, praising his situation and stating she did not wish for him to be punished. Judge Karen O'Connor acknowledged the victim's "kind and generous spirit." Defence counsel Karl Monaghan BL highlighted McManus's background, including childhood exposure to domestic violence, his status as a recovering drug addict, and his living situation with his mother. The court accepted that McManus was a target for local anti-social behaviour. Judge O'Connor placed McManus on a 12-month probation order, requiring him to keep the peace and be of good behaviour for that period. The matter was finalised with this sentencing decision.
In a High Court decision on 1 October 2020, Mr Justice Michael Quinn ordered the formal winding up of St Mary's Centre (Telford), a south Dublin care facility that served vulnerable adults and operated a nursing home. The centre, owned by the Sisters of Charity, faced an inability to meet €950,000 in redundancy payments arising from liquidation, regulatory challenges, concerns over future HSE funding, and failure to comply with HIQA recommendations for modernisation. Lawyers for residents and staff had applied for examinership to explore a short‑term rescue, but the court found no case for preserving the company as a going concern and declined to appoint an examiner. The court confirmed the appointment of Neil Hughes and Dessie Morrow of Baker Tilly as provisional liquidators, and the winding‑up order was made after the company was deemed insolvent and unable to pay its debts. The decision was upheld by the court after the residents' representatives chose not to appeal.
Premier Dale Limited, trading as The Devlin Hotel in Ranelagh, Dublin 6, has filed a High Court action against Arachas Corporate Brokers Ltd and RSA Insurance Ireland DAC. The hotel operator claims that RSA refused to pay a business interruption claim arising from the hotel's temporary closure in March 2020 due to the Covid‑19 pandemic. The operator says the insurer's refusal amounts to a breach of the 2019 insurance contract, under which it was entitled to indemnity for losses expected to exceed €1 million. The operator seeks damages for breach of contract, negligence and negligent misrepresentation, and a declaration that it is entitled to indemnity under the contract. It also requests an order restraining RSA from refusing to indemnify the hotel and to keep it indemnified for insurable losses. The case was admitted to the fast‑track Commercial Court list and is scheduled for a hearing in November.
In a High Court hearing on 29 September 2020, UEFA obtained an injunction compelling several Irish internet service providers—Eircom (Eir), Sky Ireland Ltd, Sky Subscribers Services Ltd, Virgin Media Ireland Ltd, and Vodafone Ireland Ltd—to block illegal live streams of its football matches for the 2020/21 season. UEFA argued that unauthorized broadcasts of international fixtures, Champions League and Europa League games were being accessed on computers, set‑top boxes and other devices, infringing its copyright and harming its commercial interests. Judge David Barniville granted the order, noting that it was necessary, reasonably priced, and respected fundamental rights. The injunction followed similar rulings in Ireland and abroad, and was supported by the Sky companies, while other parties remained neutral. UEFA, represented by Jonathan Newman SC, cited the significant financial impact of piracy on its €2.25 bn annual revenue from broadcast rights.
An application to set aside alleged asset transfers involving Michael Colm Murphy, a discharged bankrupt, has been admitted to the fast-track Commercial Court list. The court heard that the transfers were made by Murphy to his former wife Anne Murphy and sister-in-law Rita Hoey. The Deputy Official Assignee Denis Ryan claims the transfers were an attempt to frustrate Murphy's creditors, including 12 family members of the victims of the 1998 Omagh bombing. The Official Assignee, represented by Edward Farrelly SC, alleges that five asset transfers, including property, were made when civil and criminal proceedings were pending against Murphy for his alleged role in the atrocity carried out by the Real IRA. Murphy was cleared of all criminal charges in connection with the bombing, having been previously convicted in 2002, which was later overturned on appeal. In 2013, Murphy was found civilly liable for the bombing along with three other men, and ordered to pay £1.6m in damages to the victims' families. Bankruptcy proceedings were taken against Murphy, Michael McKevitt, and Liam Campbell, who were all adjudicated as bankrupt last year. The transfers, which include Murphy's family home, shares in companies, and land, were made between April 1999 and October 2001. It is also alleged that Murphy transferred £340,000 in cash to a trust for his children, which was used to buy a property in Dundalk. The Official Assignee seeks various orders and declarations, including that the assets be held in trust for the bankruptcy estate. The case was adjourned to a date in November.
The High Court dismissed an application to appoint an examiner to St Mary's Centre (Telford), a south Dublin care facility for vulnerable adults. Mr Justice Michael Quinn said the evidence presented did not show that the centre had a reasonable prospect of survival and that an examinership would not help the situation. The centre, operated by the Sisters of Charity, had been seeking winding up because it could not meet redundancy payments of €950,000 and faced regulatory and funding challenges. Lawyers for some residents and staff had applied for examinership, citing an independent report that the company could be saved if certain steps were taken. The court found the evidence too general and insufficient to grant protection. The company and provisional liquidators opposed the application, and the court noted that the HSE had promised to continue funding during any liquidation or examinership period.
The High Court will decide on Monday whether to appoint an examiner to St Mary's Centre (Telford), a south Dublin care facility for legally blind adults and a nursing home. In July provisional liquidators were appointed. Residents' lawyers, staff and former staff, represented by John Kennedy SC, argue that an independent expert report shows the company can be saved if placed into examinership. The company, owned by the Sisters of Charity, disputes this and claims any hope of survival through examinership is doomed. The wind‑up application cites a €950,000 redundancy liability, regulatory difficulties, HSE funding concerns and failure to meet Hiqa modernisation recommendations. The court heard that all nursing home residents have been relocated, 18 remain at the centre, and that the liquidators, represented by Andrew Fitzpatrick SC, oppose examinership, citing no evidence of funding or potential investors. HIQA, Revenue and the HSE remain neutral.
Gardai deny abandoning a failed asylum seeker at an Ethiopian airport. The man, deported from Ireland in March, claims he could not board his return flight because Gardai withheld his passport, leaving him to survive on charity and discarded items. He has lived in the terminal since. In court, John Gallagher BL for the Minister presented a sworn statement from a Garda who accompanied the man, asserting that the Garda provided the passport, boarding pass, and personal belongings, and that any failure to board was the man's own. The case is before Mr Justice Charles Meenan in the High Court, where the man seeks judicial review to quash the Minister's requirement that his solicitor obtain a signed authority from him, arguing the requirement is unlawful. The matter is adjourned to allow the parties to consider the Garda's statement, with a return hearing early next month.