In a long‑running dispute, the Murrays – plumber Michael (Chris) Murray and his wife Rose – agreed to vacate the 588‑sq‑metre house they built on Faughan Hill, Bohermeen, Navan, Co. Meath, and to allow its demolition after September 2020. The house, constructed in 2006 without planning permission, had been the subject of enforcement proceedings by Meath County Council. In 2010 the High Court ruled in favour of the council and ordered demolition, a stay of two years was granted, and the Supreme Court upheld the decision in 2017. The council later sought contempt proceedings, but the parties reached an agreement before Mr Justice Charles Meenan's hearing. The Murrays will remain in the house for two more years, vacate by 24 September 2020, and demolition will follow. The settlement was accepted by the judge, who allowed either side to apply to the court if needed.
In September 2020 the High Court was asked to appoint an examiner to St Mary's Centre, a south Dublin nursing home and disability care centre run by the Sisters of Charity. The centre, located beside St Vincent's Hospital on Merrion Road, had been placed under provisional liquidators in July after a petition to wind it up on the grounds of insolvency and an inability to meet €950,000 in redundancy payments. Residents, some staff and former staff argued that a brief examinership could determine whether the facility could be saved, citing regulatory difficulties, HSE funding concerns and Hiqa modernization requirements as reasons for insolvency. Lawyers for the residents urged the court to allow an examiner, Mr Antony Wheldon, to devise a survival scheme and seek external investment. The company's counsel, Rossa Fanning, opposed the application, calling it doomed to failure and lacking financial analysis, and urged the court to confirm the liquidators.
A man deported from Ireland claims he has lived in an Ethiopian airport terminal since March, after Gardaí allegedly abandoned him. He says he was flown from Ireland to Belgium with Gardaí, then to Ethiopia where he was supposed to catch a connecting flight home. He alleges the Gardaí gave him a boarding pass, took his passport, and left him in the terminal, promising to return. He could not board the flight because he had no passport and was later given his passport two hours after the flight departed. He reports being left without money, a phone, or luggage, and has survived on charity and rummaging through bins. He says his passport was stolen after a week. He has filed judicial review against the Minister for Justice, seeking an order to quash the requirement that his solicitor obtain a signed authority from him and to compel the Minister to respond to his correspondence.
In a High Court case, Ryanair is challenging government‑issued Covid‑19 travel measures, arguing they constitute unlawful international travel restrictions that disproportionately infringe on the airline's and passengers' rights. The airline seeks orders to set aside the July measures, including restrictions on travel outside Ireland and mandatory 14‑day self‑isolation for returnees from non‑green‑list countries. The State, represented by An Taoiseach and the Attorney General, contends the measures are advisory, not mandatory, and therefore not legally binding. They also claim Ryanair lacks a legal basis to pursue the challenge and that the court cannot intervene. Aer Lingus, a notice party, supports Ryanair's action. After parties submitted their arguments, Justice Garrett Simons reserved judgment, to be delivered in early October. Ryanair maintains the measures breach Health Acts, the European Convention on Human Rights and the European Charter of Fundamental Rights.
The State contended that the Covid‑19 measures introduced by the Government are merely advisory and not legally binding, countering Ryanair's claim that they constitute unlawful international travel restrictions. The High Court heard that the measures, such as the requirement for travellers to complete a Passenger Locator Form, are advisory and not mandatory, and that Ryanair lacks a legal basis to challenge them. The State argued that the measures are not compulsory and that the courts cannot intervene in such advice. Ryanair, represented by Martin Hayden SC, maintains that the measures restrict freedoms, are unconstitutional, and breach various Health Acts, the European Convention of Human Rights and the European Charter of Fundamental Rights. The case remains before Mr Justice Garrett Simons.
The High Court heard a challenge by a Dublin 3 student who was denied a place to study medicine at Trinity College Dublin after her calculated Leaving Certificate grades were downgraded. The student, who attended a fee‑paying school and had high estimated grades, was reduced from H1 to H2 in English, Spanish and Maths, losing two points. She claims the State's standardisation model unfairly penalises students from high‑performing schools and that the process used to estimate grades was unclear and unlawful. She seeks orders to quash the downgrades, declarations that the model is unfair and contrary to law, and that the State acted unlawfully. The judge noted the need for expert evidence and adjourned the case to next week, hoping for a hearing in early October with minimal disruption to all parties involved.
Ryanair has brought an action before the High Court against the Government's Covid‑19 travel restrictions, calling them outrageous, confusing and a detriment to the public and its business. The airline argues that the measures, which it describes as international travel restrictions, are unlawful, disproportionate and interfere with the rights of the airline and its passengers. Ryanair seeks various orders and declarations, including setting aside the measures announced in late July. The State parties contend that the measures are advisory rather than mandatory and that Ryanair has no legal basis to challenge them. Aer Lingus, supporting Ryanair, is a notice party. In its submissions, Ryanair's counsel, Martin Hayden SC, argued that the restrictions restrict people's freedoms, are confusing, lack clarity, and have a coercive effect. He cited the case of former EU Commissioner Phil Hogan, who resigned after attending a golf event in Galway, as an example of the measures' consequences.
In a High Court hearing on 14 September 2020, Facebook Ireland, the EU headquarters of Facebook and Instagram, argued that the Data Protection Commissioner's (DPC) preliminary decision to prohibit the transfer of personal data to its US parent, Facebook Inc., was unlawful. The DPC had issued the decision after an inquiry triggered by a 2020 Court of Justice of the European Union ruling that a key data‑transfer arrangement was invalid. Facebook contended that the DPC failed to conduct a proper inquiry, prejudged the matter, and used irrelevant factors, thereby denying the company fair procedures. It also claimed that the decision would have "extremely significant adverse effects" on its business and users. Facebook sought to quash the DPC's draft decision, declare the commissioner's actions unlawful and disproportionate, and obtain a stay on the inquiry.
Barford Holdings Ltd, a company based in the Bahamas, has brought a judicial review in the High Court against Fingal County Council's refusal to extend planning permission for a proposed retirement village and hotel on the former Baldoyle Racecourse site. The company, which owns land at Main Street and Coast Road Baldoyle, had secured permission from An Bord Pleanala in 2015 to build a retirement facility with 150 en‑suite bedrooms, libraries, quiet rooms, roof terraces and patient‑care rooms, and a hotel with 134 rooms, 16 suites, a swimming pool, gym, spa, business centre, restaurant and conference centre. The planning permission was set to expire in July 2020, and Barford applied for an extension in May. Fingal County Council denied the extension in late July, citing a significant change in the area's development objectives and arguing that the proposed development no longer aligned with the land‑use zoning objective or the sustainable development goals of the local plan.
A High Court action against eBay Europe Services Ltd and eBay Marketplaces GMBH regarding the alleged commercial use of a young Irish child's image has been resolved. The applicant, a minor suing through her mother, previously secured a temporary injunction in April restraining the defendants from processing or using the image, which was taken down. The case returned before the courts on several occasions and was adjourned, with the injunction remaining in place, to allow discussions to take place. On Thursday, counsel John Temple BL informed Ms Justice Leonie Reynolds that the parties had reached an agreement following out-of-court talks. Under the settlement, eBay will promptly remove any detected instances of the child's data images on its platform. For 12 months, further instances may be reported directly to eBay's legal representatives, who will ensure prompt removal. A payment to the minor will be made by eBay, subject to a later High Court ruling. The defendants, represented by Matheson solicitors, consented to the settlement. The court adjourned the case generally and granted liberty to apply should the need arise. The mother had originally claimed she did not consent to the use of photos posted to Instagram in 2018, which were later found on commercial websites. While Amazon removed the images and took action against sellers, the mother alleged the image remained accessible on eBay, prompting the proceedings.
In September 2020 the High Court heard a case brought by residents, employees and families of St Mary's Centre (Telford), a south Dublin nursing home and disability centre owned by the Sisters of Charity. The centre had been placed under provisional liquidation in July after the court found it could not meet €950,000 redundancy payments and could not comply with HIQA modernisation recommendations. The applicants now seek to have the company placed into examinership, arguing that an independent expert report shows the centre could survive as a going concern if an examiner tests the waters for a potential investor. The court scheduled a hearing for the examinership application later that month, to be heard in the presence of all interested parties. The provisional liquidators and the company opposed the application, citing licensing issues, insurance lapses, resignations of senior management and the fact that most residents had already been relocated.
In September 2020 the High Court heard a challenge by the parents of a boy born via surrogacy in 2015, who lives abroad. One parent is an Irish citizen but not the boy's biological parent. The parents had secured a court order in their country of residence recognising them as the boy's legal parents and terminating the surrogate's parental rights. In 2017 they applied to the Minister for Foreign Affairs for an Irish passport on the boy's behalf. The Minister informed them that similar applications were being reviewed by the Attorney General and that it intended to refuse the application, but invited further submissions. After additional correspondence in 2018 and a final letter in December 2019, the Minister had not replied. The parents therefore brought judicial review, arguing that the Minister's 36‑month delay and refusal to recognise the parent‑child relationship violated the European Convention on Human Rights.
In a High Court hearing on 4 September 2020, the court appointed Mr Ken Tyrell of PWC as interim examiner to Cara Pharmacy Unlimited Company and its related entities, despite objections from the group's directors, Ramona and Canice Nicholas. The appointment was requested by Elm Corporate Credit DAC, the group's largest creditor, which argued that Cara had been loss‑making since 2016 and was insolvent. The judge, Mr Justice Michael Heslin, declined to adjourn the application and stated that the examiner's role would not tarnish the directors' reputations. He noted that an independent report suggested the group could succeed if it restructured, attracted fresh investment, and secured court approval for a scheme of arrangement. Elm offered to provide funds during the examinership, while the group faced a €16.3 million deficit if wound up. The court set a hearing for two weeks later to address any objections.
Ryanair has filed a High Court action to set aside what it calls unconstitutional international travel restrictions announced by the Irish Government on 21 July 2020. The airline argues that the measures, which prohibit travel outside Ireland except for essential purposes and require a 14‑day self‑isolation for those returning from non‑green‑list countries, are effectively mandatory regulations presented as advice. Ryanair claims the restrictions are unlawful, disproportionate, and detrimental to its business, breaching the 1970 and 2020 Health Acts, the European Convention on Human Rights and the European Charter of Fundamental Rights. The airline seeks orders setting aside the measures and declarations that the Government has unlawfully encroached on the Oireachtas's legislative prerogatives and acted outside its powers. The State denies the measures are mandatory and says they are necessary, proportionate and transparent responses to the global health emergency. The case will return to court in mid‑August.
The High Court ruled that CGI Food Services must keep John Clarke, a former group financial controller, employed and paid while his claim of protected disclosures is heard by the Workplace Relations Commission. Clarke was dismissed in May 2019 after a suspension, which he says followed his disclosure of alleged food‑safety and financial irregularities. He alleged that food was stored improperly, that 22 pallets of pizza for children were thawed, refrozen and sold, that director payments exceeded bank limits, that company money was used for personal expenses, and that a director's relative paid for a cooking course. He also claimed that a director's wife and an associate's wife were paid up to €4,000 a month for no work. The company denied all allegations. Clarke's counsel, Ercus Stewart SC, challenged the dismissal and secured a temporary order from the Circuit Court to maintain his pay and benefits until the Workplace Relations Commission decides.
A High Court judge, Mr Justice Michael Quinn, said he was minded to approve a survival scheme for the Dublin‑based regional airline CityJet, allowing it to exit examinership as a going concern on a slimmed‑down basis. The scheme, supported by a majority of creditors and shareholders, would write off tens of millions of euros of debt and retain over 140 jobs. CityJet had entered examinership in April, citing insolvency exacerbated by Covid‑19 grounding of aircraft and the interruption of a planned merger. The judge noted that creditors would fare better under the examiner's proposals than if the airline were liquidated. He adjourned the matter to a mid‑August date pending finalisation of arrangements with certain creditors and changes to the airline's constitution. The scheme would see most creditors receive small dividends of 1.5% to 1.25%, a better outcome than liquidation.
Garda Michael Rochford, a member of two gun clubs and a holder of a .243 calibre Savage Axis II rifle, has filed a High Court challenge against the Revenue Commissioners. He claims that the items he imported – a new rifle stock, a buttpad spacer kit, and two polymer magazines – are firearms accessories that do not require a license under the 1925 Firearms Act. In early April, customs seized the goods, categorising them as firearms. Rochford argues that Revenue misapplied the law and acted beyond its authority, and that the items are not components that alter a firearm's function. He seeks orders to quash the seizure notices, declarations that the items are not subject to forfeiture, and that Revenue erred in interpreting the Act. Mr Justice Charles Meenan granted permission for the judicial review on an ex‑parte basis, with the case adjourned to October.
Ms Fiona Roche, a secondary school teacher from Kildare who has taught since 2002 and been registered with the Teaching Council since 2006, has brought a High Court judicial review against the council's refusal to recognise her as a qualified post‑primary teacher. The council, after a 2018 Department of Education instruction to vacate her position, declared in April 2019 that she was not to be accredited as a registered qualified teacher for religion and CSPE, citing insufficient subject‑matter qualifications and lack of experience in the sector. Ms Roche, who holds a Montessori teaching qualification, a degree in Behavioural Science‑Psychology, a Graduate Diploma in Guidance Counselling and higher diplomas in Further Education and Theological Studies, disputes the decision and has unsuccessfully appealed. In the High Court, counsel argued that the council's decision‑making process was flawed and that the decision was without legal basis, irrational and contrary to common sense.
During a brief hearing before the High Court, the Revenue Commissioners announced they would not oppose an application to approve a survival scheme for the regional airline CityJet. Mr Justice Michael Quinn heard that Revenue had obtained clarification from the airline's court‑appointed examiner, Mr Kieran Wallace of KPMG, on matters he considered important. The examiner recommends approval of the scheme, which enjoys the support of most of the airline's creditors. The hearing to formally approve the scheme is scheduled for later this week. If approved, the arrangement with creditors would allow CityJet to continue operating as a going concern.
The mother of a 14‑year‑old boy with a recognised severe disability that severely limits his motor skills and basic daily tasks has brought a High Court action against the Minister for Social Protection. She applied for a monthly domiciliary care allowance of just over €300 in 2019, but her application was refused in a series of decisions, and a subsequent appeal was also dismissed. In her appeal she supplied additional medical evidence and requested an oral hearing, which was denied because of the Covid‑19 pandemic. The Minister's official later stated that the new information could not be considered, a decision the mother finds irrational, unreasonable and disproportionate. She seeks orders to quash the Minister's May 2020 decision that disallowed her appeal and the July 2020 statement that the new material could not be taken into account. Permission to proceed was granted ex‑parte by Justice Charles Meenan, with the case set for a return in October.
A student teacher, Ekaette Kwuogor from Cappagh Road, Finglas Dublin 11, has initiated High Court proceedings against Maynooth University, alleging that the university prevented her from graduating as she was unable to complete her teaching practice due to the closure of schools during the Covid-19 pandemic. Ms Kwuogor was studying for a Higher Diploma in Further Education at the university's Department of Adult and Community Education. She was accepted into the programme for the 2019-20 academic year and commenced the teacher training part of her course last January. However, she faced delays in starting her teaching practice due to the need for police clearance reports from both the Gardai and Nigerian authorities. The closure of schools in March 2020 further hindered her ability to complete the required teaching practice modules. The university informed her in April that she could not graduate due to insufficient teaching experience. Ms Kwuogor appealed the decision but has not received an outcome. She claims the delay is inordinate and breaches her rights to natural and constitutional justice. She seeks orders compelling the university to make a decision on her appeal and declarations regarding her entitlement to a decision or a time frame. The matter was heard by Mr Justice Charles Meenan in an ex-parte application and was adjourned for further proceedings later this week.
Paul O'Leary, 51, of Follyhouse Lane, New Ross, pleaded guilty to possession of drugs for sale or supply after a Garda surveillance operation uncovered two cardboard boxes containing just over 17 kg of cannabis with a street value of €350,104 in his van. O'Leary's role was described by his lawyers and the Garda as that of a courier; he had no wider involvement in the drug transfer. He had two minor previous convictions for public order offences and no criminal history beyond that. O'Leary had advertised himself online as a "man with a van" offering delivery jobs to escape debt, a strategy that attracted others. He expressed deep shame and remorse, and his counsel highlighted his ordinary background, employment history, and community contributions. Judge Melanie Greally adjourned sentencing to 16 November 2020 to allow a probation report to be prepared.
In a High Court hearing on 24 July 2020, the court discharged a €3.6 million Mareva freezing order that had been imposed on Instant Upright Ltd, a scaffolding and engineering products manufacturer. The order, obtained by Airscape Ltd – the landlord of a factory unit on Friel Avenue, Park West Industrial Estate – had prevented Instant Upright from reducing its assets below €3.6 million. Airscape had claimed that Instant Upright breached lease terms and had sought damages for alleged rent arrears and loss of future income. Instant Upright denied the claims, arguing the freezing order was an abuse of process and that its reputation and trading ability had been harmed. Thomas Hogan SC and Martin Canny BL argued that the court had been misled by nondisclosed evidence and that no fraud had been proven.
The Revenue Commissioners have not yet decided whether to oppose a High Court application to approve a survival scheme for CityJet. Mr Justice Michael Quinn heard that Revenue seeks clarification from the airline's court‑appointed examiner, Kieran Wallace of KPMG, on key issues. Wallace recommends approval, but James Doherty SC notes it is unclear if Revenue will support a scheme that would retain 146 Irish jobs. The hearing to approve the scheme is scheduled for next week. Revenue, a creditor, has voted against the scheme in earlier creditor meetings and wants to know how potential €50 million in cash from litigation will be allocated. Revenue will decide whether to oppose the application once it receives the requested clarifications. CityJet's counsel, Rossa Fanning SC, supports the scheme.
The High Court heard that the €16m redevelopment of the Royal Irish Academy of Music's Dublin premises has been halted by protesters who block access to the site. Protesters, who live nearby, display banners claiming "Developers Disrespect our Community" and "Support the Residents". The Academy and Purcell Construction, the builders, argue the works are to expand and modernise the college, not a speculative property project. They say the protesters' slow‑walking blockade at the Westland Row entrance has stopped work and raised health and safety concerns, including dangerous material buildup. After an initial ceasefire and a temporary agreement with 18 local households, a second wave of protests resumed, again blocking the entrance. The court granted a temporary injunction preventing anyone from impeding access or intimidating entrants, and the case will return next week. The injunction was granted ex‑parte. The court acknowledged the right to peaceful protest but noted the health and safety risks presented by the blockade.
Former FAI chief executive John Delaney has denied allegations that he is obstructing the Office of the Director of Corporate Enforcement (ODCE) investigation. In a sworn statement, Delaney explained that he requires additional time to review thousands of seized files, including his emails, to determine which are protected by legal professional privilege and therefore cannot be used by the ODCE. The High Court was scheduled to decide whether the files are privileged, but Delaney's request for extra time has stalled the matter, which will next be heard in September. The seized material consists of 13 hard‑copy documents and a digital device holding 270,000 files, seized from the FAI's Abbottstown office under a search warrant in February. Delaney, who now lives in the UK, said he was unaware of the volume of documents and that the ODCE's timetable was unrealistic.
In a High Court judgment, Mr Justice Max Barrett criticised the State's handling of a Pakistani widow and her minor daughter's application to reside in Ireland with their EU citizen uncle. The judge quashed deportation orders issued by the Minister for Justice in 2018, finding the Minister's decision unreasonable and legally flawed. The applicants had lived in Ireland since 2009, supported by the widow's UK‑based brother, a British citizen. In 2014 the uncle secured employment in Ireland and brought his niece and sister with him. The applicants applied under EU free‑movement rules, but the Minister refused in 2015 on the basis of insufficient evidence of dependency. After a review in 2017 the Minister denied the application again, and deportation orders followed. DNA tests, paid for by the applicants, confirmed all were blood relatives, yet the State did not reconsider the decision.
In a Dublin Circuit Criminal Court hearing, Matthew Grogan, aged 22, pleaded guilty to assault causing harm and to unauthorised use of a motor‑propelled vehicle. The assault occurred on 25 October 2019 at Applewood Square, Swords, when Grogan, who later admitted he recognised the victim as a former schoolmate, attacked delivery driver Nikita Olijniks. Olijniks was on a delivery, had just stepped out of a car with his girlfriend, when Grogan, seated in the driver's seat, punched him twice or three times in the face after a confrontation. Olijniks was also struck in the back of the head by another individual and fell to the ground. The court also heard that on 4 November 2019 Grogan was driving a stolen car belonging to Jennifer Kilbride, which had been reported missing.
The High Court approved a scheme of arrangement for Nordic Aviation Capital DAC, an Irish aircraft lessor, to continue operating amid the Covid‑19 pandemic. Judge David Barniville granted the order after over 90% of creditors, both secured and unsecured, voted in favour. The scheme will suspend millions of euros in principal and interest payments due over the next six to twelve months on more than €5 billion of debt. It also requires shareholders to inject US$60 million, cuts non‑essential spending, and defers a US$1.5 billion committed capital programme while eliminating a US$5.7 billion uncommitted programme. Delivery of new aircraft is reduced from 21 to eight. The arrangement was presented by counsel Lyndon MacCann SC and supported by all creditor groups, with no objections recorded. The court noted that without the scheme the company feared running out of cash by the end of July.
In a Dublin Circuit Criminal Court hearing, a 17‑year‑old man pleaded guilty to sexually assaulting his six‑year‑old niece for two years while babysitting her. The abuse ceased when the girl, then nine, told him, "I don't like this and it has to stop." The victim, now 12, described feeling blamed and used, and expressed lasting discomfort around men, including family members. She said the uncle's actions left her feeling unsafe and that she hides her body with clothing. The court heard that the man's own grandfather had touched him, a fact he admitted to Gardaí in May 2018 after the victim disclosed the abuse to her parents. The defendant expressed remorse, noting he would take it all back if possible. Judge Pauline Codd adjourned sentencing to 20 October and ordered a Probation Service report.
A dispute over an alleged breach of a leasing arrangement for an industrial unit between landlord Airscape Ltd and former tenant Instant Upright Ltd has been admitted to the fast‑track commercial court list. Airscape secured a Mareva injunction freezing Instant Upright's assets below €3.6 million after claiming arrears of €1.3 million on a 25‑year lease that began in 2001, with an annual rent of about €1.5 million. Airscape says the tenant terminated the lease in March 2018, left the premises, and that the premises were damaged in a snow storm that Airscape restored. Airscape also alleges future losses of €2.3 million and seeks damages for breach of contract. Instant Upright denies any arrears, disputes the termination, and argues the freezing order is unwarranted, claiming it has no intention to dissipate assets and that the order harms its reputation and business.
The High Court has admitted a judicial review challenge to the fast-track Commercial Court list regarding a €130m housing development in South Dublin. Ms Orla Fitzgerald, an applicant residing near the proposed site, is challenging a decision by Dun Laoghaire Rathdown Co Council to grant planning permission to developer Tudor Homes Ltd. The project involves 367 new homes, including apartments and houses, on a 6.57-hectare site within the Cherrywood Strategic Development Zone. Ms Fitzgerald alleges the council's decision breaches EU habitats directives and Environmental Impact Assessments, and claims section 170 of the 2000 Planning and Development Act is unconstitutional. Tudor Homes, a notice party, applied for fast-track admission, citing the project's significant commercial value. Mr Justice David Barniville admitted the case to the fast-track list on Monday, with no objections from Ms Fitzgerald's legal team or the respondents. The matter was not concluded; it was adjourned and will return before the court in the autumn. This follows previous High Court proceedings where the council's earlier permission was quashed and remitted for fresh determination.
Sandra Kavanagh, aged 40, pleaded guilty at Dublin Circuit Criminal Court to four counts of making a gain by deception for receiving €27,079 in rent supplement payments between 24 September 2015 and 7 June 2018. She had vacated the address at Kildonan Road, Finglas West, in August 2015 but continued to collect payments for that property. Detective Garda Jason Weir reported that Kavanagh had received 130 payments during the period. She has 67 prior convictions, including robbery, theft, knife production, public order and road traffic offences. The defence noted that a 2008 accident left her with significant physical injuries and that she has lived with friends and in hostels since leaving the address. Judge Pauline Codd ordered a probation report and adjourned the case for finalisation on 12 October.
In a Dublin case, former security guard Carlos Daly, aged 51, was sentenced to two and a half years in prison for burglary after a peculiar incident during a break‑in. Daly had taken two trays of Tranax anti‑anxiety tablets before entering a basement flat on Tivoli Terrace. He claimed the tablets caused him to pass out halfway through the burglary. Garda Peter Daly reported that the suspect was found asleep by police after the resident discovered him. When taken to the station, Daly had left stolen items—two jewellery boxes and a mobile phone—in the footwell of the patrol car. He admitted burglary on 26 June 2018 and also admitted breaking into a car and stealing from a second car that night. With over 50 prior burglary convictions, the judge noted his drug addiction as a contributing factor but upheld the seriousness of the offence, imposing the sentence.
Dublin City Council has taken the case to the High Court to challenge a decision by An Bord Pleanala that allowed Spencer Place Development Company Ltd to increase the height of two buildings in a docklands development from 7 to 11 and 13 storeys, thereby adding more than 110 residential units. The council argues that the board's approval breaches building height restrictions in the North Lotts and Grand Canal Dock Strategic Development Zone. Earlier this year the council's challenge was remitted back to the board for reconsideration. In April the board had granted Spencer Place permission to add 115 units to a previously approved scheme of 349 units and to convert an apart‑hotel into 120 shared accommodation bedrooms. The council claims the board failed to consider relevant planning guidelines, gave inadequate reasons, and acted beyond its powers. The court will hear the case after the August recess.
In a High Court hearing on 15 July 2020, Mr Justice Leonie Reynolds ordered former FAI CEO John Delaney to submit a sworn statement detailing his actions regarding the inspection of files seized by the Office of the Director of Corporate Enforcement (ODCE). The files, comprising 13 documents and a digital device with 270,000 items, were taken from the FAI's Abbottstown offices under a search warrant in February. An agreement had been reached between Delaney and the ODCE on how the inspection would proceed, with Delaney allowed to identify private material. The inspection began earlier that week and was scheduled for completion by late July. Delaney, now in the UK, requested an extension due to the volume of files and travel restrictions. His counsel noted that an IT expert had been engaged, but the court required sworn statements from both Delaney and the expert before considering the extension. The matter was adjourned for a week.
The High Court has been asked to review a decision by the Commissioner for Environmental Information that a 2016 submission by IBEC to the Minister for Transport was not environmental information. The 'Right to Know' NGO, which seeks to improve public access to information, brought the action after learning that IBEC had lobbied the Minister for Transport between January and April 2016, with the aim of influencing transport policy and infrastructure projects that would affect the environment. In March 2017 the NGO applied under the European Communities Access to Information on the Environment regulations for IBEC's submission, but the Commissioner refused, stating it was not environmental information. The refusal was appealed and dismissed in March 2018. The NGO now seeks orders to set aside the Commissioner's finding, declare the submission to be environmental information, require the Commissioner to give reasons, and possibly remit the matter back for further consideration of exemptions. The case is before Ms Justice Niamh Hyland.
Ms Estefany Carolina Alquinta Gonzalez, a 33‑year‑old Chilean student, was detained at Dublin Airport on 2 July after immigration officials refused her entry, citing that she posed a real and immediate threat to the State's fundamental policy interests. She had arrived to begin a six‑month English course at a Dublin‑based language school. The State did not contest an inquiry into the legality of her detention under Article 40 of the Constitution. On 14 July, Mr Justice Charles Meenan, following a hearing with counsel Rosario Boyle SC, ordered her release from custody and awarded her legal costs. Ms Gonzalez had been held in solitary confinement in the female section of Mountjoy Prison, isolated from other prisoners due to Covid‑19 regulations, and had tested negative for the virus. The Minister for Justice intends to review a separate decision that denied her permission to remain in the State.
The High Court has extended the bankruptcy of John Hoey, a farmer from Carrickmacross, County Monaghan, by eight years. Ms Justice Teresa Pilkington's decision means Mr Hoey will remain bankrupt until the end of February 2024. The extension was granted following findings that Mr Hoey had failed to cooperate with the Official Assignee, Chris Lehane, since an earlier judgment delivered in April. Mr Hoey's legal team argued that a document previously filed in 2016 constituted a statement of affairs, but the judge ruled this had no bearing on her findings. Mr Hoey was declared bankrupt in February 2016 following a petition by John Kelly Fuels Ltd for €262,000. He intends to appeal the court's ruling.
A High Court judge has ordered an inquiry into the detention of a 33-year-old Chilean student held in the Dochas Centre at Mountjoy Prison. Ms Estefany Carolina Alquinta Gonzalez arrived in Dublin on 2 July to begin an English language course at a Dublin school. She was refused entry at the airport on grounds that she posed a threat to the State's fundamental policy interests, and was subsequently placed in solitary confinement. Ms Gonzalez, represented by Rosario Boyle SC and Aoife McMahon BL, denies posing any security or public policy risk. Evidence presented to Mr Justice Charles Meenan indicated she had pre-arrival contact with the Department of Foreign Affairs regarding entry requirements. Ms Gonzalez claims she held all required documentation, including her passport, proof of funds, and accommodation details in County Roscommon. The judge directed the inquiry under Article 40 of the Constitution on Monday and adjourned the matter to Tuesday.
An Italian woman, Ms Martina Romagnoli, is sued by former lover Jose Alfredo Hernandez Ortega and his company Leeston Enterprises SA for moving two valuable horses to Ireland. Ortega claims ownership of the grey stallion Milton, pre‑selected for Belgium's Olympic team, and the gelding Diego, slated for the European Championships, each worth €4‑4.5 m. The High Court granted Ortega a temporary injunction preventing sale or removal of the horses. The case involves Romagnoli's Irish companies, alleged to run Bunmahon Sporthouse Stud, and Ballinasisla Stud Ltd, owned by Richard Fitzgerald, who is also secretary of Romagnoli's companies. Ortega alleges the horses were taken to Ireland to escape his control. Romagnoli claims 50 % ownership of each horse and opposes appointing receivers, arguing it would damage her reputation. The judge adjourned the matter, directed parties to secure insurance, and to keep the horses' passports during proceedings.
In a fast‑track Commercial Court case, RGRE Grafton Ltd, controlled by developer Johnny Ronan, has sued Bewley's Cafe Grafton Street Ltd for alleged rental arrears of €747,000 and possession of the 78‑79 Grafton Street premises. RGRE claims it is the successor in title to the lease, which began in 1987, and that the annual rent of about €1.4 million was due quarterly. The cafe had requested a six‑month rent holiday during the Covid‑19 pandemic, but RGRE refused, citing the tenant's parent company's cash reserves of over €6 million and net assets of €5 million. RGRE also alleges the cafe intends to close permanently and has not engaged in any meaningful negotiations since late April. The court granted RGRE permission to have the case entered on the Commercial Court list, with the hearing scheduled for 13 July 2024.
In July 2020, the not‑for‑profit NOYB – European Centre for Digital Rights, based in Vienna, filed a High Court challenge against the Data Protection Commissioner of Ireland. NOYB alleges that the Commissioner has breached its GDPR and Data Protection Act duties by failing to investigate complaints lodged in 2018 about the unlawful processing of personal data by the social media platforms WhatsApp and Instagram. The complaints, made by German and Belgian authorities, claim that the platforms rely on user consent in a way that violates GDPR. NOYB argues that the investigation has only progressed through the first two of eight stages and that the Commissioner has not completed it within a reasonable period. The court granted permission for the action on an ex‑parte basis and set a return date for September.
In a Dublin Circuit Criminal Court hearing, Michael Doyle, aged 52, was found guilty of two counts of exposure after an incident on Rathmines Road. Doyle had consumed a bottle of wine in addition to prescribed medication, including Diazepam and sleeping tablets, and was described as "off in his own world." While seated in his car with his 11‑year‑old son, he was seen dancing near a tree outside the Swan leisure centre, pulling at his pants and then exposing his penis to passers‑by, including elderly ladies and a woman with her five‑year‑old grandson. Doyle began touching himself, raised his arms, and verbally abused a Garda, calling him "prick" and "cunt." He pleaded guilty on 24 June 2017. Judge Karen O'Connor imposed a 12‑month prison term, suspended on the condition of good behaviour and compliance with Probation Service directions, citing Doyle's vulnerability, addiction issues and lack of prior convictions for similar offences.
A Mexican businessman, Jose Alfredo Hernandez Ortega, and his Panama‑registered company Leeston Enterprises SA have brought a High Court action in Ireland against former Italian partner Martina Romagnoli and several Irish‑registered companies. Ortega claims that Romagnoli moved two valuable horses, a grey stallion named Milton and a gelding named Diego, from a Belgian stud to Ireland without his permission. The horses are slated to represent Belgium in the Olympic Games and the European Championships. On Thursday, Ms Justice Reynolds granted temporary injunctions preventing the horses from being sold or moved out of Ireland, requiring the defendants to preserve any semen samples from Milton and to disclose the horses' whereabouts. The injunction also restrains the defendants from inseminating other horses with Milton's semen. The case will return to court next week.
A High Court judge has urged brothers Andrew and Philip Fried, shareholders of Claddagh Jewellers Ltd, to resolve their ongoing disputes. The judge, Mr Justice Mark Sanfey, made orders following unsuccessful mediation. In one set of proceedings, Andrew Fried claimed Philip, along with their father Laszlo Fried, attempted to interfere with the business. Philip denied the claims and alleged he was being oppressed. The judge noted that Andrew's legal team withdrew due to lack of instructions, and Andrew did not attend court. Philip's lawyers sought orders to restore Philip as a director and for Andrew to hand over company assets. The judge granted the order to restore Philip as a director but deferred other orders until a later court date. In separate proceedings, Philip claims sole ownership of the trademark 'Claddagh Jewellers' and sought an injunction against Andrew. The judge granted the injunction, pending the final outcome. The judge urged the brothers to resolve matters to avoid further harm to the business. Additional proceedings involving Laszlo Fried remain pending and will return before the court later this month.
The long‑running legal dispute between Berlin‑based W2 Filmproduktion Vertriebs GmbH and Irish film producers Morgan O'Sullivan and James Flynn over Octagon Films Ltd has been settled. W2 alleged that €40m‑€50m had been diverted from Octagon to the producers or entities they control. The defendants, directors of Octagon, denied the claims. The case, first heard in 2016, was brought before Ms Justice Teresa Pilkington, who was informed that the parties had reached a settlement through mediation. Under the confidential agreement, the producers will purchase W2's shares in Octagon by specified dates, retain control of the company, and the proceedings will be struck out on consent. No further settlement details were disclosed in court. The resolution ended a complex matter that had been before the courts for several years.
In a High Court ruling on 26 June 2020, Mr Justice David Barniville ordered that a dispute between the Health Services Executive (HSE) and Narooma Ltd over a €7.4 million contract for 350 medical ventilators be referred to arbitration. Narooma, a Dublin‑based company, sued the HSE for failing to honour the contract, which was entered into in late March 2020 and required the ventilators to be shipped from China between April and May with payment by 30 March. The HSE declined to purchase the equipment, citing concerns about Narooma's status as an authorised agent and conducting due diligence. Narooma sought injunctions and later damages, alleging the HSE had damaged its reputation and economic interests. The HSE denied wrongdoing. The court found the arbitration clause in the contract valid, rejected Narooma's claim that it was meaningless, and noted that a proposed defamation action did not affect the arbitration decision. The case was adjourned to July.
The High Court extended CityJet's examinership protection from 70 to 100 days, the maximum allowed under Irish law. Judge Michael Quinn refused Mr Evan Cullen of IALPA's request to extend the statutory 30‑day notice period for redundancies, which would have applied to the airline's 57 Irish‑based pilots. Cullen argued the extension would allow all options to be considered before the examinership process, citing the pilots' protest over outsourcing. The judge said the court lacked jurisdiction to grant such an order within the examinership hearing but allowed IALPA to apply separately for any proposed redundancies. The examiner, Kieran Wallace of KPMG, now has until 25 July to formulate a scheme of arrangement with creditors, which, if approved, would allow CityJet to survive. The airline has resumed flying routes for SAS and is seeking a private restructure after Covid‑related financial difficulties. The case will return to court in late July.
The receiver, Mr Stephen Tennant, appointed by AIB Mortgage Banks and AIB in October 2016 to manage three Dublin properties at 100, 101 and 104 Seville Place, strongly denies Dublin City Council's claim that he is in contempt of court for failing to vacate the buildings. The council, which secured injunctions in October 2015 requiring the residents of the three fire‑trap properties to leave immediately, has now sought the receiver's attachment and possible committal to prison. Mr Tennant, represented by counsel Rossa Fanning SC, said he will fully contest the allegations and has sworn two affidavits outlining his position. The High Court adjourned the matter for a week to allow constructive talks between the receiver and the council, with the judge hoping the discussions will be productive. The council has received complaints of anti‑social behaviour from residents and cites fire‑safety deficiencies that could spread a fire rapidly in the four‑storey, 190‑year‑old buildings.