Judge Melanie Greally adjourned the case of former soldier John McElroy, 60, who was found with 1.1 kg of cocaine worth €70,840 in his car in Cabra, Dublin, on 25 January 2020. McElroy, who had a clean record and was on disability benefit after a cancer diagnosis, claimed he had only accepted the package an hour earlier to pay €200 toward his son's €50,000 drug debt. He pleaded guilty to possessing cocaine for sale or supply. At the sentencing hearing, defence solicitor Dominic McGinn argued the case was exceptional due to McElroy's health and his son's situation, questioning the public interest in incarceration. Judge Greally warned that engaging with drug dealers out of fear is not the answer, and said the matter would be finalised on 19 March 2021. The court noted McElroy had no prior involvement in the drug scene and that the incident was a one‑off attempt to help his son.
In High Court proceedings before Ms Justice Leonie Reynolds, the Office of the Director of Corporate Enforcement (ODCE) and former FAI CEO John Delaney reached an arrangement regarding the inspection of documents and emails seized from FAI offices in February. The ODCE seeks to determine if the material is legally privileged for its ongoing investigation. Mr Delaney, who lives and works in the UK, was joined as a notice party to protect his private rights. Counsel for the ODCE outlined agreed steps allowing Mr Delaney to inspect a forensic copy of a digital device and 13 documents to identify private material. Any disputed items would be reviewed by a single ODCE team member. The ODCE's application for a privilege determination is scheduled for July. Mr Delaney's counsel confirmed his client consents to the proposed examination orders, as did FAI counsel. The judge expressed a wish for expedition, noting concerns about potential travel restrictions affecting Mr Delaney's attendance. The proceedings were adjourned, with the judge directing that the inspection be carried out in Mr Delaney's presence within the next two weeks to ensure the July application proceeds on schedule.
The HSE has apologised and made an interim payment of €4.6m to Tadhg James McKenna, who brought a High Court medical negligence claim over the circumstances of his birth at Cavan General Hospital. Tadhg, who has cerebral palsy and requires constant care, had sued the HSE for alleged negligence and breach of duty of care during his delivery on August 31, 2017. Liability had previously been conceded in relation to breach of duty but causation was at issue. Following out of court talks, the matter was resolved. An apology was read before the High Court, where Cavan General Hospital and the HSE 'unreservedly apologised for the failings in care that caused the injuries sustained by Tadhg at birth and the consequential upset suffered' by the McKenna family. The court heard that Tadhg, of Sruth An Mhuillan, Emyvale, Co Monaghan, who had sued through his mother Emma Louise McKenna, suffers with seizures, respiratory attacks, fevers and requires constant medical care and monitoring. The HSE agreed that an interim payment of €4.6m should be made to provide for Tadhg's care. The boy's case will return before the court in five years time. The judge adjourned the matter to a date in June 2025.
The estate of the late Fine Gael Councillor John Bailey secured a temporary High Court injunction to stop Mr Francis Tiernan from spraying poisonous weedkiller on 100 acres of farmland at Castlewarden on the Dublin‑Kildare border. The estate, represented by Darren Lehane BL, claims the land belongs to Mr Bailey and that Mr Tiernan has been trespassing since April. The dispute stems from an incomplete 2006 sale for €4.6 million and a 2013 damages award of €1.2 million against Mr Tiernan. In 2018 Mr Tiernan filed a Lis Pendens but did not pursue it. He has used machinery, burned scrub, and threatened to spray weedkiller, prompting the estate to seek an interim order. The court granted the injunction ex‑parte and adjourned the case to early July. The estate also intends to pursue further orders restraining Mr Tiernan and seeking damages for trespass. The injunction was issued by Mr Justice Michael Quinn.
The High Court appointed Jim Luby of McStay Luby as provisional liquidator for Monsoon Accessorize Ireland Ltd and Monsoon Accessorize Ireland (Holdings) Ltd. The Irish arm operated ten stores and employed 140 people. The retailer had suffered trading difficulties, worsened by Covid‑19 closures, and reported a 92% drop in sales from March 1 to the present in 2020 compared with the same period in 2019. The parent company in the UK entered administration earlier that month, and a pre‑pack arrangement saw Adena, linked to founder Peter Simon, take over the UK business. The Irish companies' liabilities, including lease obligations, exceeded assets by over €1.8 million for the year ending August 2020, making them insolvent. The appointment was deemed in the best interests of employees, landlords, creditors and the company's stock, and the matter was adjourned to a date next month.
In a High Court case on 22 June 2020, John Kieran Brennan of Clonmulen, Bunclody, Co. Carlow alleged that former developer Patrick Fitzpatrick was employing the debt‑collection firm run by Martin 'The Viper' Foley to pursue a disputed debt of over €100,000. Brennan, who denies owing any money, secured a temporary injunction after men associated with Foley's firm entered his home, threatened him and his family, and demanded payment. The injunction, granted by Mr Justice Michael Twomey, prohibits Fitzpatrick, his agents or any of his servants from intimidating, threatening, watching or besetting Brennan and his family. Brennan's counsel highlighted that Fitzpatrick had purchased 400,000 shares in Moralltach Global Plc for €100,000, of which Brennan is a director, and that Fitzpatrick has not taken any court action against Brennan regarding the alleged debt. The injunction is set to be reviewed later in the week. The case remains at the interim injunction stage.
In June 2020 the Dublin City Council (DCC) brought court proceedings against Mr Stephen Tennant, the receiver appointed by Grant Thornton for three Seville Place properties. The DCC sought the receiver's attachment and possible committal to prison after the receiver failed to enforce High Court orders that required the residents of the three "firetrap" buildings to vacate. The High Court had earlier issued injunctions in October 2019, ordering the residents of 100, 101 and 104 Seville Place to leave immediately and keep the buildings vacant until fire‑safety deficiencies were remedied. The DCC argued that the receiver's refusal to vacate the premises, despite offers of alternative accommodation, led to continued occupation and anti‑social behaviour. The court granted the DCC permission to serve short notice of the proceedings and adjourned the matter to later that week.
Kelly Simpson, a 27‑year‑old mother of three, was found by Gardaí in her Dublin apartment, where over €19,000 worth of drugs had been stored. Gardaí, acting on complaints of suspicious activity, monitored the premises and observed three men entering and leaving in quick succession. When the warrant was executed, the officers discovered Simpson, her children, and a strong odor of cannabis. She pleaded guilty to possessing 177 g of crack cocaine (worth €12,417) and 329 g of cannabis (worth €6,588) from March 31, 2017. Simpson had two prior convictions, including a fine for bringing drugs into prison. She explained that she stored the drugs to raise money for her children, citing financial hardship and a lack of support from their fathers. She also admitted using benzodiazepines to manage panic attacks.
The High Court heard that progress has been made in the Office of the Director of Corporate Enforcement's proceedings concerning documents seized from the FAI's offices on a search warrant. Former FAI chief executive John Delaney is a notice party because some documents may contain information private to him. The ODCE has applied to determine whether the seized documents are legally privileged; if so, they cannot be used in the investigation. The court will hear how the documents will be inspected later this month, a hearing expected to last less than an hour. An application to decide on legal privilege will be considered in July. Both Mr Delaney's counsel and the FAI's counsel consented to the proposed directions. The ODCE's applications are made under the 2014 Companies Act following the February 14 search of the FAI's Abbottstown offices.
Junaid Manzoor, an Indian national, and Tara Wrenne, an Irish citizen, have brought High Court judicial review proceedings against the Registrar of the Civil Registration Service, Cork, the HSE, and the Registrar General. The couple, represented by Colm O'Dwyer SC and solicitor Wendy Lyon, claim the Civil Registration Service has unlawfully failed to permit them to marry or make a decision on their application, which was lodged in November 2018. They allege that the requirement for a second interview to determine if their union constitutes a marriage of convenience, triggered solely by Mr Manzoor's non-EU status, is discriminatory. Mr Manzoor, who arrived on a student visa that expired in 2015 and faced a deportation order in March 2020, and Ms Wrenne deny any such intent. The Civil Registration Service stated it could not proceed until the Irish Naturalisation and Immigration Service resolved Mr Manzoor's status. The applicants seek an order compelling the Registrar to make a decision, along with declarations that the service acted unlawfully and in breach of their rights. Mr Justice Charles Meenan granted permission to bring the challenge on an ex-parte basis and made the matter returnable to a date in July.
The High Court has allowed Heritage ICAV and Kilmaloda Ltd, landlords of Debenhams' Henry Street and Patrick Street premises, to commence proceedings against Debenhams Retail Ireland Ltd. The landlords seek declarations that the leases have been terminated and orders for unpaid rent. The Irish arm of Debenhams, which operated 11 stores and employed 1,500 people, entered liquidation after its UK parent, Debenhams Plc, went into administration. The leases were originally held by the UK parent and then subleased to the Irish subsidiary. The landlords' counsel stated that the quarterly rent for the Henry Street store was €1.4 million and €814,000 for the Cork store. The liquidators, Kieran Wallace and Andrew O'Leary of KPMG, are maintaining a neutral stance. The landlords intend to regain control of the premises and make them available for commercial use as soon as possible.
In a High Court case, several parties, including Iveagh Markets Hotels Ltd and businessman Martin Keane, challenge Dublin City Council's (DCC) decision to invalidate a planning application for redeveloping the Iveagh Markets site in Dublin's Liberties. The application, submitted in December 2019, proposed a distillery, restaurant, bakery, and a 128‑room four‑star hotel on the western side of Lambs Alley, and a 148‑room three‑star hotel with a hostel on the eastern side. DCC declared the application invalid on 17 January 2020, citing lack of legal interest and absence of a required letter of consent, asserting ownership of the land. The applicants argue that DCC's claim of ownership is disputed, noting a €888,816 payment made in 2006 that remains on deposit. They seek orders to quash DCC's decision, declare their sufficient interest, and claim DCC acted unreasonably and breached their rights. The judge granted permission ex‑parte and adjourned the case to October.
The High Court case concerning the passport renewal of Abdul Malik Bekmirzaev, an Irish‑born seven‑year‑old boy now in Belarus with his mother, has been resolved. The court was told that a decision will be made by the Department of Foreign Affairs on whether to renew the boy's passport. The boy and his mother, Iryna Paltarzhytskaya, were deported to Belarus from a Turkish refugee camp in January after the boy's father, Alexandr Bekmirzaev, left Ireland and is believed to have fought for ISIS in Syria. The boy's Irish passport was confiscated by Turkish authorities and an application to renew it was made in February, but no decision had been taken. High Court judicial review proceedings were launched in May against the Ministers for Foreign Affairs and Justice. The boy sought orders requiring the Minister for Foreign Affairs to issue a new passport or to determine the application.
An elderly man, Christopher O'Neill, was attacked by 26‑year‑old Nicole Byrne while using a cash machine in Dublin city centre. Byrne threatened him with a syringe and said, "I'm going to hurt you now." O'Neill, fearing for his life, struck Byrne in the face, grabbed her arms, and forced her to the ground until Gardaí arrived. Byrne, who had previously pleaded guilty to robbery offences, was found to be heavily drug‑using and was sentenced to five years' imprisonment with the final two years suspended on condition of drug treatment and victim‑focused work. O'Neill, who had recently returned to Ireland with his family, said the incident shattered his dream of living safely in the country and prompted them to seek a safer place to live. The case was described by the sentencing judge as a regrettable indictment of the risks people face in the city.
The High Court has authorised Nordic Aviation Capital DAC, a leading aircraft lessor headquartered in Limerick, to pursue a scheme of arrangement with its creditors. The court heard that the Covid‑19 pandemic has severely impacted the company's business, with a sharp decline in cash collections—only 20% of expected payments were received in April—and a projected cash shortfall by July. The proposed scheme would grant a six‑to‑twelve‑month standstill on approximately €5 billion of debt, covering principal and interest, and would allow the group to continue operating its fleet of about 500 aircraft. Additional measures include a US$60 million injection from shareholders, a reduction of non‑essential spending, elimination of a US$5.7 billion uncommitted capital programme, deferral of a US$1.5 billion committed programme, and a cut in new aircraft deliveries from 21 to eight.
The High Court, under Mr Justice Tony O'Connor, issued injunctions against former HSE IT worker Mr Neill Bradley to prevent the distribution of highly confidential patient data he accessed during his employment with a third‑party IT contractor. Bradley allegedly posted screenshots of HSE servers on three Twitter accounts he controlled and threatened to release sensitive information to Wikileaks. The court orders bar Bradley and anyone who received the data from publishing, disseminating, or destroying it, and require him to hand over all documents and devices containing the information for forensic analysis. He is also restrained from leaving Ireland until he complies with the order and hands his passport to An Garda Síochana. The HSE's solicitors may notify relevant authorities of the injunctions. Bradley did not attend the hearings and has not yet presented a defence. The injunction remains pending a full hearing.
A couple and their teenage granddaughter, all EU nationals, have filed a judicial review against South Dublin County Council after the council refused them social housing supports. The council's refusal was based on a 2012 Housing Circular that requires applicants to prove 52 weeks of continuous employment in the State. The applicants argue that this requirement has no legal basis and that the council's reliance on it breaches their constitutional rights and the European Convention on Human Rights. They have lived in Ireland since 1998, with the granddaughter residing with them since infancy, and have applied for various payments since 2015. The High Court granted permission to proceed ex‑parte, and the case is scheduled for a hearing in July. The applicants seek an order quashing the council's March 11 decision and declarations that the decision is unlawful and unreasonable.
Uniformal Ltd, a Dublin‑based clothing supplier, obtained a freezing order against Taurus Gemini Real Estate BV (Gemini Group) of Bergen, Netherlands, after the Dutch firm failed to deliver one million protective face‑masks. Uniformal had agreed to pay €250,000 in advance and a further €250,000 upon delivery, with the masks to be sourced from China and delivered in late April. The masks never arrived; Gemini initially cited poor quality of the original consignment and proposed a replacement batch, which Uniformal rejected and demanded a refund. Correspondence in May indicated Gemini promised delivery on 10 May and 22 May, but the masks remained missing and the €250,000 was not refunded. Gemini allegedly provided false customs clearance documents. Uniformal seeks an order to recover the €250,000, declarations of breach, and damages, and has lodged a Gardaí complaint while an investigation proceeds.
In a High Court case brought by Cape Wrath Hotel Unlimited Company, the owners of the Citywest Hotel complex have sued Glen Walker and Sarah Walker of Saggart Lakes, alleging that the Walkers began construction on a parcel of land that the hotel claims was part of its former Executive Golf Course. The disputed land is less than 100 square metres, and the hotel says the Walkers have no rights to it. The Walkers reportedly started work with an excavator last month, and the hotel has asked them to stop, but they have not complied. The hotel seeks declarations that it is the beneficial owner of the land, that the Walkers have no interest, and an injunction to prevent further trespassing or works. The case was heard ex‑parte by Justice Mary Rose Gearty, who allowed the hotel to serve notice and adjourned the matter for a hearing next week.
A man named Mr Daragh Coyne is alleged to have breached a court order prohibiting interference with lands designated as a National Heritage Area (NHA) in Milltownpass Bog, Co. Westmeath. The National Parks and Wildlife Service (NPWS) claims that Mr Coyne has carried out activities that damaged the NHA, including dumping waste material such as scrap metal, fuel, and gardening waste, and illegally cutting turf. The NPWS also alleges that he failed to remove a gate he erected on an old turf‑cutters track on Minister‑owned land. Mr Coyne denies any wrongdoing. The High Court, hearing the case before Ms Justice Mary Rose Gearty, directed that he be attached and brought before the court by Gardaí next week to answer the contempt claim. If found in contempt, he faces the prospect of imprisonment.
In a High Court ruling on 3 June 2020, Justice Mary Rose Gearty ordered Gerard O'Sullivan and his niece, Fiona O'Brien, to vacate the apartment at Rosebank Place, Clondalkin, Dublin 22 immediately. The apartment is owned by Davy Platform ICAV, an asset‑management fund that provides social housing. O'Sullivan, who claims to be the former owner, denied trespassing and alleged a fraudulent transfer of the property in 2006, but no evidence of fraud was presented. The court found that O'Sullivan had entered the property without consent, changed the locks, and threatened to use his German Shepherd against anyone attempting to enter on the fund's behalf. The injunction remains pending a full hearing, and O'Sullivan and O'Brien were ordered to pay the fund's legal costs. The judge emphasised that the respondents had no right to remain on the property.
In a High Court case, Ms Justice Mary Rose Gearty granted an injunction to protect the main access route to O'Flaherty's Limited, trading as Reads, from Dublin's Nassau Street. The injunction, pending a full hearing, prevents Setanta Centre Unlimited Company from obstructing access with scaffolding and hoarding as part of a €150m redevelopment. O'Flaherty's, with four years left on its lease, argued that the obstruction breached its property rights and would damage its business, especially given its proximity to Trinity College. The defendant, owned by Larry Goodman's family, denied the breach, claimed it could use an alternative route via Setanta Place, and offered to fund improvements there. Justice Gearty noted the need for certainty for leaseholders and the importance of protecting access rights over commercial interests, and she found the injunction warranted. The case will return for final orders later this week.
An injunction application by the owner of the printing business Reads, operating a retail outlet on Nassau Street, has been presented to the High Court. Reads, trading as O'Flaherty's (Nassau St) Limited, seeks orders against Setanta Centre Unlimited Company, the landlord of the building in which its premises are located. The landlord is redeveloping the building at a cost of €150m over two years. Reads alleges that the landlord has arranged a temporary access route for customers but now intends to erect hoarding that would block that route, rendering the premises inaccessible. The landlord denies the allegations, claiming it has accommodated the applicant and that the obstruction is for health and safety reasons. The injunction would remain pending the full hearing of the dispute. The case is before Ms Justice Mary Rose Gearty.
Several pub owners have brought test actions against FBD Insurance, arguing that their policies cover losses from Covid‑19 closures. They claim the policy contains a clause indemnifying them if premises are closed by order due to outbreaks of contagious diseases within 25 miles. FBD disputes this, stating a pandemic does not fall within the clause and that closures were due to national measures, not local outbreaks. The four cases involve Dublin bars Aberken (Sinnotts Bar), Hyper Trust Ltd (The Leopardstown Inn), Inn on Hibernian Way Ltd (Lemon & Duke), and Leinster Overview Concepts Ltd (Sean's Bar). The owners seek orders directing FBD to indemnify them for weekly losses ranging from €30,000 to €56,000, and declarations that they are entitled to indemnity under the policy. Mr Justice Barniville admitted all four cases to the fast‑track Commercial Court, setting a hearing in early October for three actions and adjourned the Lemon & Duke case for mediation.
The High Court has reserved judgement on a case where Davy Platform ICAV, a fund that provides social housing, seeks an injunction against Mr Gerard O'Sullivan, who it says is the former owner of an apartment at Rosebank Place, Clondalkin, Dublin 22. The fund alleges that Mr O'Sullivan has re‑entered the two‑bedroom property without lawful permission and claims it is his family home. It also claims that Ms Fiona O'Brien, a niece of Mr O'Sullivan, is trespassing on the premises, asserting she lives there under a lease granted by Mr O'Sullivan. The fund, represented by Michael O'Sullivan BL, requests that the defendants vacate the property and stop trespassing or interfering with it. Mr O'Sullivan, representing himself, denies any wrongdoing and says he is the owner, and seeks to have the fund's application struck out. Ms O'Brien was not represented or present.
The High Court has extended the bankruptcy of a Carrickmacross farmer whose cattle were destroyed by Defence Forces marksmen in 2016. Justice Teresa Pilkington ruled that John Hoey failed to cooperate adequately with the Official Assignee, Chris Lehane, in disclosing his assets. The court found evidence that Mr Hoey concealed cash on his property, moved farm machinery to a local hotel, and did not fully disclose proceeds from cattle sales. Mr Hoey disputed the allegations, contesting that he provided required documentation and describing himself as haunted by the July 2016 culling of his cattle. The judge determined sufficient grounds existed to extend the bankruptcy, which began in February 2016, and adjourned the matter to allow both parties to submit proposals on the length of extension. The case will return to court next month for further hearing.
In a Dublin Circuit Criminal Court hearing on 22 May 2020, 26‑year‑old Jamie O'Rourke pleaded guilty to two counts: attempting to rob the Centra store in Swords on 26 August 2019 and robbing a tanning salon in Swords on the same day. The court heard that O'Rourke fled the Centra store after a shop owner chased him out with a step ladder, then ran to the tanning salon, forced the assistant to open the till and stole €156 in cash. Gardaí from the Armed Response Unit pursued him, and after he refused to stop, they tasered him. A taser wire led officers to a bush where he was hiding. O'Rourke, who has 36 prior convictions including robbery, claimed he had no memory of the incident because he had taken heroin that day. The judge ordered a Probation Services report and adjourned sentencing to 10 July. The case remains pending.
Paul Norton, aged 31, pleaded not guilty to unlawful possession of a Beretta handgun and 31 rounds of 9mm ammunition after he dropped a bag containing the weapon and ammunition while being chased by Gardaí through Stardust Memorial Park, Coolock, on 5 October 2019. The prosecution, represented by Mr John Byrne JC, argued that the State's case relied on visual identification. Gardaí Jason Flynn and Keith Cassidy pursued a parked Volkswagen Passat that failed to stop, leading to a high‑speed chase of 4.5 kilometres. The occupants fled into the park, where Det Gda Flynn chased Norton on foot for about 160 metres, observed him stumble and drop the bag, and secured it. No forensic or DNA evidence linked the firearm, ammunition or vehicle to Norton; the case was based on visual identification. Detailed maps and photographs of the scene and pursuit route were entered into evidence.
The High Court is hearing a judicial review application brought by the State against the Minister for Foreign Affairs and the Minister for Justice over the renewal of an Irish passport for a seven‑year‑old boy, Abdul Malik Bekmirzaev, who is currently in Belarus with his mother. The case is described as complex because it involves the 2010 naturalisation of the boy's father, Alexandr Bekmirzaev, who is alleged to have fought for ISIS in Syria. The boy and his mother were deported from a Turkish refugee camp to Belarus in January and now seek to return to Ireland, citing concerns about the Belarusian government's handling of the Covid‑19 pandemic. The boy's legal team claims the passport is being withheld because the Minister for Justice intends to revoke his father's Irish citizenship, arguing that the father's 2001 marriage to a woman believed to be a British national was a convenience that enabled his naturalisation.
The Davy Platform ICAV, a fund that acquires social housing for public bodies, brought a High Court action against Mr Gerard O'Sullivan, alleging that he unlawfully re‑entered and is trespassing on an apartment at Rosebank Place, Clondalkin, which the fund purchased for €173,000 in October 2018. O'Sullivan denies wrongdoing, claiming ownership of the property and that the fund's purchase was illegal. He also claims that Ms Fiona O'Brien, believed to be his niece, is residing there under a lease granted by him. The fund seeks an injunction compelling the defendants to vacate the property and cease trespassing. The case was heard by Mr Justice Senan Allen, who adjourned the matter for a week to allow O'Sullivan to formally reply to the fund's claims. The injunction application is urgent, and the court noted that Ms O'Brien must attend the hearing or obtain legal representation to be heard.
Anthony McGurk, a 29‑year‑old father of five, was found to have smuggled nearly €60,000 worth of MDMA crystal powder into Ireland after a panic attack at Dublin Airport. He had just returned from a flight from Amsterdam, where he had purchased the drugs with the intention of selling them in Belfast. McGurk initially denied ownership, claiming the drugs were planted, but later confessed to buying them and to possessing them for sale or supply. He pleaded guilty to one count of possession for sale or supply. The court, noting his lack of prior convictions, his work as a chef, and his mental health difficulties, sentenced him to two and a half years in prison. He is currently working in the prison kitchen. The case highlighted his strained relationships and the impact on his family's housing situation.
The Dublin printing firm Reads, operated by O'Flaherty's (Nassau St) Limited, has filed a High Court action against Setanta Centre Unlimited Company, the owner of the Setanta Centre on Nassau Street, over access to its premises. Reads claims that the defendant, controlled by the Goodman family, has blocked the entrance to Nassau Street during redevelopment works, despite a prior agreement to provide a temporary access route. The plaintiff alleges that the obstruction, which it says will render its premises inaccessible, breaches its right of way and threatens its business and employment. Reads seeks an injunction to remove the obstruction. The defendant, represented by Rossa Fanning SC, denies wrongdoing, stating it has complied with health and safety advice and has informed the plaintiff of its redevelopment plans.
A seven‑year‑old Irish citizen, Abdul Malik Bekmirzaev, currently in Belarus, has brought a High Court challenge to have his passport renewed after the Turkish authorities confiscated it. The boy's father, Alexandr Bekmirzaev, who became a naturalised Irish citizen in 2010, allegedly fought for ISIS in Syria and is now believed to be dead. Abdul's mother, Iryna Paltarzhytskaya, a Belarusian citizen, was deported to Belarus from a Turkish refugee camp earlier this year. The boy's legal team argues that the Minister for Foreign Affairs has unlawfully delayed the passport renewal, thereby infringing Abdul's rights as an Irish citizen. They also seek to prevent the Minister for Justice from revoking the father's citizenship, which could retroactively affect Abdul's status. The court granted permission to proceed and set a hearing for the following week.
In a High Court judicial review, John Waters and Gemma O'Doherty, representing themselves, seek permission to challenge several Covid‑19 related laws as unconstitutional. They target the 2020 Health Preservation and Protection and Other Emergency Measures in the Public Interest Act, the 2020 Emergency Measures in the Public Interest Act Covid‑19 Act, and the 1947 Health Act (Affected Areas) Order, as well as temporary restriction regulations introduced under the 1947 Health Act. The applicants argue that the legislation and its enactment violate constitutional rights to travel, bodily integrity and the family. The State and lawyers for the Dáil, Seanad and Ceann Comhairle, all notice parties, contend that permission should not be granted. Judge Charles Meenan will decide on Wednesday whether the journalists have an arguable case for a full hearing. The proceedings were conducted with Gardai ensuring social‑distancing measures at the Four Courts complex.
Pat O'Donnell and Company, a plant machinery supplier, has filed a High Court challenge against Dublin City Council's decision to rezone land at Chapelizod Bypass/Kylemore Road from industrial to mixed commercial and residential use. The company argues the council's variation of its development plan is flawed, was made without proper hearing, and lacks adequate reasons. It claims the change from industrial to mixed use is not a minor modification and that the council failed to comply with EU law by not conducting an Appropriate Assessment or Strategic Environmental Assessment. The company seeks an order quashing the rezoning, declarations that the decision was unlawful and breached the 2000 Planning and Development Act, and fair procedure. Uniphar Group Plc, which owns part of the land, is a notice party. Mr Justice Michael Twomey granted permission ex‑parte and stayed the council's decision pending further court orders. The case will return to court next month.
The High Court, on 11 May 2020, ordered the winding up of Oasis Fashions Ireland Ltd and Warehouse Fashion Ireland Ltd, which together employed about 248 people. Mr Justice Michael Twomey confirmed the firms were insolvent and appointed Ken Fennell and James Anderson of Deloitte Ireland as joint liquidators on a provisional basis. The two companies operated 13 stores and 29 concession stands in Ireland. Their parent, Aurora Fashions, is owned by Icelandic Kaupthing Bank, and administrators had been appointed to the UK parent a month earlier. The liquidators were instructed by Kelley Smith BL, who noted that the group had been trading in a difficult environment worsened by the Covid‑19 pandemic, which forced the closure of high‑street stores in late March and hindered the group's ability to secure new investment. The liquidators have been working with creditors, including employees, landlords and Revenue, to ensure an orderly wind‑down of the business.
The High Court heard that Mr Daragh Coyne of Coralstown, Mullingar, has allegedly dumped waste material, including scrap metal, fuel, and large plastic oil tanks, and illegally cut turf on Milltownpass Bog in Co. Westmeath, a National Heritage Area (NHA). The National Parks and Wildlife Service, represented by the Minister for Culture, Heritage and the Gaeltacht, brought proceedings after Park Rangers found a dozen subsoil mounds containing invasive cherry laurel, scrap metal and oil tanks. The rangers said the dumping damaged the NHA by reducing habitat for protected birds and pollinators. They also expressed concern that turf would be extracted, noting that Mr Coyne had engaged a contractor to cut turf on the NHA in 2019 and might do so again in 2020. Mr Coyne denies wrongdoing.
The High Court appointed Paul McCann of Grant Thornton as provisional liquidator for Mahalo Ltd, the company behind the Bamboo app that lets users order meals from over 100 restaurants in Galway, Dublin and Cork. Launched in 2018, the app charged a small commission on each order. Mahalo's revenue fell sharply after 95% of its partner restaurants closed during the Covid‑19 pandemic, and most users—primarily professionals—began working remotely or stopped working altogether. A rival firm offered €37,000 to acquire Mahalo's assets and hire its six employees, but the company's debts, including €460,000 owed to investor Joseph Elias and €30,000 to Revenue, far exceeded that offer. Directors Luke Mackey and Stefanos Focas sought a provisional liquidation to protect creditors and preserve the company's servers. Judge Senan Allen, satisfied that Mahalo was insolvent, appointed the liquidator despite concerns that a court‑appointed process might not yield the best price for the assets.
John Waters and Gemma O'Doherty filed a High Court judicial review challenging Covid‑19 legislation, arguing it was unconstitutional and flawed. They sought the court to quash the laws and declare them unconstitutional. The State, represented by lawyers for the Dáil, Seanad and Ceann Comhairle, opposed the action, claiming procedural flaws, lack of standing, and that the challenge should have been brought by a plenary hearing. The applicants cited the 2020 Health Preservation and Protection and Other Emergency Measures in the Public Interest Act, the 2020 Emergency Measures in the Public Interest Act Covid‑19 Act and the 1947 Health Act (Affected Areas) Order, and temporary restrictions under the 1947 Act. They alleged the measures violated constitutional rights to travel, bodily integrity and family life, describing the situation as akin to martial law and a coup. The judge reserved his decision, stating the case was "doomed" on several grounds. The proceedings remain pending.
John Waters and Gemma O'Doherty have applied to the High Court to challenge a range of Covid‑19 laws, arguing that they amount to an "effective suspension" of constitutional rights. They contend that the legislation, enacted in response to the pandemic, violates articles covering travel, bodily integrity and the family, and that it keeps people confined to their homes, closing parks and beaches. Waters cites Lord Sumption's comparison of the restrictions to those of World War II and warns of an economic downturn akin to 1929. O'Doherty, a journalist, claims the laws grant Gardai powers to harass citizens and liken the restrictions to "living in Nazi Germany," arguing they are scientifically fraudulent and harm health by limiting vitamin D.
In a High Court hearing on 1 May 2020, Ms Justice Leonie Reynolds confirmed the appointment of joint liquidators Ken Tyrell and Declan McDonald of PWC to LauraAshley Ireland Ltd, a subsidiary of the Irish arm of the fashion retailer Laura Ashley that employed over 70 people. The Irish company had been seeking liquidation after its UK parent entered administration following the Covid‑19 pandemic, which ended a proposed sales process and left the Irish firm without further financial support. The company's balance sheet showed a deficit of more than €563,000, and it had liabilities of €3.3 million, 80 % of which were owed to other group companies. The court noted that the US investment firm Gordon Brothers had acquired the Laura Ashley brand in administration and was conducting due diligence to streamline the business in Ireland and the UK, raising the possibility that some Irish stores and jobs might be retained.
The High Court confirmed the appointment of joint liquidators Kieran Wallace and Andrew O'Leary of KPMG to Debenhams Retail Ireland, which operated 11 stores and employed 950 staff directly, with an additional 500 at concession stands. The liquidators believe the business is unlikely to be acquired by another party, so all employees will be made redundant. The Irish subsidiary had been in financial difficulty for some time, incurring losses of over €40 million in 2018 and 2019, and was propped up by its UK parent until the parent ceased funding. The court noted the directors had no alternative but to seek liquidation. The liquidators have entered a 30‑day consultation period with employees, the Mandate and Siptu trade unions, and the Minister for Social Protection, while planning to realise assets for creditors. The company's creditors include Revenue (€3.8 million), landlords, trade creditors, other group firms and employees.
An application by John Waters and Gemma O'Doherty for permission to challenge legislation enacted during the Covid-19 pandemic was mentioned before the High Court on Tuesday. The applicants seek to quash various laws, including the 2020 Health Preservation and Protection and Other Emergency Measures in the Public Interest Act, the 2020 Emergency Measures in the Public Interest Act (Covid-19) Act, and the 1947 Health Act (Affected Areas) Order. The State, represented by Patrick McCann SC, opposes the application, arguing the claims are not arguable. Francis Kieran BL, representing the Dáil, Seanad, and Ceann Comhairle as notice parties, also opposed granting leave. Mr Justice Charles Meenan declined to grant permission at this stage, stating the applicants must prove the threshold for leave has been crossed. The judge suggested adjourning the hearing to allow applicants time to review responses from the State and notice parties. Mr Waters preferred the case proceed as scheduled on May 5th, describing it as one of the most important in Irish history, but agreed it could be delayed to Wednesday if necessary. The applicants also raised concerns about public access to courts, alleging breaches of constitutional requirements. Mr Justice Meenan rejected these claims, confirming the proceedings were held in public in accordance with Article 34 of the Constitution, with media present to report on the case.
The High Court confirmed Kieran Wallace of KPMG as examiner for CityJet DAC, giving him up to 100 days to draft a scheme of arrangement with creditors that, if approved, would allow the airline to survive. CityJet, which flies routes for SAS and Aer Lingus and employs 1,175 people, has become insolvent after its fleet of over 30 aircraft was grounded by the Covid‑19 outbreak, which also disrupted a planned merger and a private restructure. The judge noted the company's reasonable prospect of survival if certain steps are taken, citing an independent expert's report and the support of its main customer SAS. Revenue Commissioners were made a notice party, and the court heard that CityJet disputes a €23 million tax demand for 2016‑2018, which it has appealed to the Tax Appeals Commission. The airline's debts total €500 million, with a net deficit of €186 million on a going‑concern basis.
The High Court confirmed the appointment of Kieran Wallace and Andrew O'Leary of KPMG as liquidators for the USIT student travel group companies, following a provisional appointment last month. The firms – Dublin USIT Ireland Ltd, School and Group Tours Ltd, and Dublin College of Business Studies Ltd – employed about 149 people and collapsed due to the Covid‑19 pandemic, which halted travel and caused a loss of bookings for the language school. Rossa Fanning SC represented the companies and explained that the pandemic wiped out their business, leading to insolvency. Stephen Walsh BL, for the liquidators, reported that most employees had been dismissed, with only a handful remaining. The judge approved the liquidators' appointment and directed the directors to file statements of affairs. He adjourned the confirmation of the liquidators for the holding company, The Kinlay Group Ltd, to a later date to allow a correction in the application.
Barry Callan, acting as solicitor for a special needs teenager, brought two High Court judicial review actions challenging the teen's expulsion from an ETB-run secondary school for allegedly assaulting a teacher. The teen, who cannot be named, is represented by his mother and claims the school failed to provide necessary supports, a view shared by the HSE and the National Council for Special Education. The expulsion was upheld by the ETB and a Section 29 Committee. Counsel Derek Shortall BL argued the ETB breached fair procedures by limiting its appeal review rather than conducting a full rehearing and failing to consider the student's specific needs. The first action seeks to quash the ETB's decision and declare a breach of fair procedures. The second action challenges the Section 29 Committee's decision as flawed and disproportionate. Mr Justice Michael Twomey granted permission to bring the challenge against the Minister and the ETB on an ex-parte basis. He also deemed the second judicial review action opened and adjourned it generally. Both cases were adjourned to a date next month. The matter was adjourned and not concluded.
In April 2020, Mr Justice Denis McDonald, presiding over the High Court's fast‑track Strategic Infrastructure Development list, urged parties to shorten the time it takes the court to hear disputes amid the Covid‑19 pandemic. The list covers challenges to decisions by An Bord Pleanala on large infrastructure projects that were submitted directly by developers, bypassing local authorities. McDonald noted uncertainty about when hearing dates could be fixed, citing the pandemic's impact. He highlighted cases including Mr John Conway and the Louth Environmental Group's challenge to An Bord Pleanala's approval of 657 apartments for Crekav Trading GP Ltd near St Paul's College, Raheny, and a residents association and Protect Meath East NGO's challenge to Trailford Ltd's development of 661 units, a community centre and creche at Rathmullen, Drogheda.
In a High Court hearing on 22 April 2020, Ms Emma Roche's application for a temporary injunction to keep her on the Garda roster was dismissed. Roche, a probationary Garda, argued that the decision to terminate her service was unfair because she had failed a beep test during 2017‑2019. She sought an injunction to allow her to continue working pending a full hearing. The court, presided over by Mr Justice Michael Twomey, noted that Roche had been informed of the termination on 10 April, before her lawyers filed the injunction request. The judge held that the Commissioner's decision had already taken effect, so no injunction could be granted. Roche had previously passed all other requirements, was sworn in 2017, and had an exemplary record, but the court did not rule on the merits of her appeal at this stage.
The State will oppose a High Court challenge by John Waters and Gemma O'Doherty to Covid‑19 laws. The applicants claim the legislation is flawed and unconstitutional and seek to have it declared null and void. They target the 2020 Health Preservation and Protection and Other Emergency Measures in the Public Interest Act, the 2020 Emergency Measures in the Public Interest Act Covid‑19 Act, and the 1947 Health Act (Affected Areas) Order, as well as temporary restriction regulations under the 1947 Act. The challenge is directed at the Minister for Health, Ireland and the Attorney General. The High Court has scheduled a leave hearing for the challenge, with the court directing that the matter be listed for mention in two weeks. The State's counsel will oppose the application for leave and requests an adjournment to prepare a sworn statement. The applicants argue the State is delaying the hearing and that the case should be heard promptly.
In a High Court case, environmental activist Peter Sweetman successfully challenged the State's decision to remove protections for the freshwater pearl mussel from the Munster Blackwater Special Area of Conservation. Sweetman sought to quash any legislation or administrative act that would remove the species as a "qualifying interest" and also to invalidate the 2018 EU Environmental Objectives (Freshwater Pearl Mussel Amendment) Regulations issued by the Minister for Culture, Heritage and the Gaeltacht. He argued that the regulations breached EU directives, including the Habitats Directive, by eliminating obligations such as setting ecological quality objectives for the entire Blackwater river, enforcing emission limits for discharges, and investigating pressure sources on the mussels. The court granted Sweetman permission to proceed, agreed to quash the statutory instrument on the basis of a breach of the Strategic Environmental Assessment Directive, and ordered the State to pay his legal costs. The orders were formally perfected by Mr Justice Charles Meenan.