Court archive

Stage Hearing Or Decision court reports

2020-04-01 · Tipperary

Major logistics firm claims agents 'taking advantage' of Covid-19 emergency

Interlink Ireland Ltd, trading as DPD, secured temporary High Court injunctions against two agents, Mr Joe Corcoran and Mr Bernard O'Brien, who sought to terminate their agreements amid the Covid‑19 emergency. The agents claimed they could no longer fulfil their duties, but Interlink argued no evidence was provided that the pandemic had materially affected their businesses. The agency agreements require six months' notice for termination, and Interlink has seen a surge in demand for essential deliveries during the pandemic. The court granted interim injunctions preventing the agents from ending the agreements and requiring them to continue operating as agreed. Interlink contended the agents were attempting to exploit the health crisis for commercial advantage, and the judge found the injunctions justified based on the evidence presented. The case will be revisited in a subsequent court session.

2020-04-01 · Ireland

Facebook ordered to hand over information to Janet Jackson's ex over 'fake ads'

The High Court has adjourned a dispute between Wissam Al Mana, a UK-based Qatari national, and Facebook Ireland Ltd regarding an application for a Norwich Pharmacal order. Mr Al Mana, the applicant, alleges that unknown parties have published fake advertisements using his name and image to promote a cryptocurrency programme called Bitcoin Trader, which he claims is defamatory and maliciously false. He seeks details of the advertisers to pursue legal action. Although the matter was due for a hearing, the parties reached a temporary arrangement to avoid a judicial decision during the current health emergency. Mr Justice David Barniville adjourned the case to a date after the Easter holidays. He ordered Facebook to provide Mr Al Mana with basic subscriber information, IP addresses, and payment method details of the account holders within 14 days. Counsel for Mr Al Mana, Paul O'Higgins SC, accepted the arrangement under protest, arguing for a shorter ten-day deadline due to defamation time limits. Facebook's counsel, Cian Ferriter SC, stated the company was not consenting but would abide by the order, noting the 14-day period was shorter than standard and raising potential technical difficulties in retrieving initial registration data. The judge noted any compliance issues could be addressed when the matter returns to court. Janet Jackson, Mr Al Mana's ex-wife, is named in the report as context for his identity but is not a party to this specific procedural order.

2020-04-01 · Dublin

Failure by Russia to respond to queries sees extradition request 'terminated'

In April 2020 the Irish High Court terminated an extradition request for Igor Khatlamadzhiyev, a 47‑year‑old Russian citizen, after Russian authorities failed to respond to the court's concerns about prison conditions and fair‑trial rights. Khatlamadzhiyev, who was wanted for alleged thefts and robberies in Russia between November 1997 and February 1998, had been on an international wanted list since 2004 and was arrested by Garda detectives in August 2018. The High Court judge, Mr Justice Donald Binchy, had sought assurances that Khatlamadzhiyev would receive a fair trial and that pre‑trial detention facilities in Russia met acceptable standards. No reply was received despite reminders, leading counsel Kieran Kelly to request the client's discharge and release. Mr Justice Tony Hunt confirmed that, in the absence of a response, the proceedings should terminate, preventing further custodial time for Khatlamadzhiyev. The case reflects Ireland's cautious approach to extradition to Russia, citing structural weaknesses in the Russian judicial system.

2020-03-31 · Dublin

Man allegedly disrupting plans to use Citywest complex for Covid-19 victims

In March 2020 the owners of the Citywest Complex obtained a temporary High Court injunction against Mr Donal Burns, who holds a lease for a suite in the Golf Hotel Building. The injunction was sought because Burns allegedly disrupted the HSE's plans to use the complex as an isolation and step‑down facility for Covid‑19 patients. The two firms, Cape Wrath Hotel Unlimited and Alva Glen Land Developments Ltd, had entered contracts with the HSE to renovate the Golf Hotel and other parts of Citywest for this purpose. Burns had reportedly entered the site during lockdown and claimed he intended to move his elderly mother into the suite, an action that the lease forbids. The court, hearing only the plaintiffs' case, granted the injunction ex‑parte, prohibiting Burns from entering the complex or occupying the suite, and set a hearing for 21 April. The judge allowed Burns to apply to lift the injunction with 48‑hour notice.

2020-03-30 · Ireland

High profile solicitor in critical condition with Covid-19

The Special Criminal Court has expressed its wishes for a quick recovery for solicitor Niall Murphy, who is 43 and reportedly in critical condition after contracting Covid‑19. Murphy has a history of handling high‑profile criminal and civil cases, many linked to the Troubles, and has previously practised in the court. On Monday, Judge Tony Hunt, together with Judges Sinéad Ní Chúlacháin and Gerard Griffin, conveyed the court's best wishes to the father of three, noting that Murphy was "very seriously ill." The court was also managing several other cases that day.

2020-03-30 · Dublin

Garda under criminal investigation seeks to stop dismissal from force

A probationary Garda, whose name is withheld for legal reasons, has filed a High Court challenge to prevent his dismissal from the force. He is under criminal investigation following his arrest and a home search conducted under a warrant issued under the Offences Against the State Acts. After his arrest, he was suspended from duty over alleged irregularities in the possession, storage and processing of firearms and related materials and documents as part of his role. The Garda denies any wrongdoing and says he will make a full defence if given the opportunity. Earlier this year, the Garda Commissioner proposed to dispense with his services based on a report compiled by a senior officer. The report alleged that the Garda was found in possession of items, including documents, keys to storage rooms, a utility belt, handcuffs and other Garda accessories that he was not entitled to or had permission to possess.

2020-03-27 · Dublin

Interim Examiner appointed to food distribution firms hit by Covid-19 outbreak

The High Court appointed Neil Hughes of Tily Baker as interim examiner to three food‑distribution firms—Wert Capital Ltd, Dublin Foods Sales Ltd and Scallans Food Service Ltd—whose turnovers fell 70 % amid the Covid‑19 outbreak. The firms, employing over 70 people, deliver food and some non‑food items to restaurants, pubs, offices, hotels, nursing homes and catering companies in Leinster and the South East. Ms Justice Niamh Hyland noted that the firms are insolvent and cannot pay debts, but an independent expert reported they have a reasonable prospect of survival if fresh investment is secured and a scheme of arrangement is approved by the court. The examiner will also address employee wages, which have been paid directly by director Richard Meehan, and resolve invoicing issues with Grenke Invoice Finance. The matter was returned for a hearing in early April.

2020-03-27 · Kildare

Woman deemed unfairly dismissed seeks to have State make payment

Ms Indira Attride, a former administrative employee of Canopus BioPharma Ltd, a partnership in Straffan, Co Kildare, claims she was unfairly dismissed and was awarded €28,513 by a rights commissioner. The partnership ceased trading and one partner went bankrupt, leaving no assets. The Department of Social Protection refused to pay her from the Social Insurance Fund, stating that only one partner's bankruptcy sufficed for a claim. Ms Attride, represented by John Kennedy SC, argues that the State's refusal breaches EU Directives on workers' entitlements and that Irish law fails to cover employees of partnerships. She seeks orders for the Minister to pay her the awards from the fund, to align Irish law with EU law, and declarations that the State is in breach of EU Directives. Mr Justice Sanfey granted permission ex‑parte and adjourned the case to a later date.

2020-03-26 · Louth

Pandemic sees liquidator appointed to plant hire business

The High Court heard that Covid‑19 had caused Brandon Plant Hire Ltd to become insolvent, with a debt of €934,000 and the loss of more than 30 jobs. The company, founded in 1997, had been profitable but faced cash‑flow problems, including unpaid work from Cairn Homes and difficulties complying with Irish Water regulations. An investor who had been expected to provide capital withdrew, and the firm incurred extra costs for additional workers and bad weather. Employees are on Covid‑19 protection notice. Directors were reportedly threatened by creditors who feared damage to works in progress. The court appointed Chartered Accountant Anthony Fitzpatrick as provisional liquidator to secure the firm's assets—tools, piping, JCB diggers, dumpers and excavation equipment—and to ensure fair distribution to creditors. The matter was adjourned to a hearing next month.

2020-03-25 · Ireland

Judge urges Facebook and Janet Jackson's ex to resolve differences over fake ads

A High Court judge has urged representatives of Facebook and Wissam Al Mana to resolve their differences regarding an application for information on those behind 'fake ads'. Mr Al Mana, a UK-based Qatari national, has brought proceedings over adverts which he says are wrongly and maliciously using his name and image. The adverts contain a fake news article linking him to a cryptocurrency auto-trading program, which he has nothing to do with. Mr Al Mana wants to sue both Facebook Ireland Ltd and the parties behind the adverts for defamation and malicious falsehood. As part of his action, Mr Al Mana's lawyers also seek a 'Norwich Pharmacal' order from the court. That order would require Facebook to disclose details that would allow them to identify the unknown persons that placed the ads. The application was briefly mentioned before Ms Justice Leonie Reynolds at the High Court on Wednesday morning. Anna Shanley BL, for Mr Al Mana, said the sides had been in discussions concerning that order but there was an issue that remains outstanding. In reply, Cian Ferriter SC for Facebook said that one net issue remains between the parties. Ms Justice Reynolds urged the sides to continue their efforts to resolve their differences. The matter was adjourned for a week.

2020-03-24 · Louth

Planning permission for major housing development given in error, board indicates

The High Court heard that An Bord Pleanála indicated planning permission for a 450-unit housing development in Drogheda ought not to have been granted. The proposed project, located south of the Marsh Road, includes offices and a creche. Protect East Meath Ltd, represented by John Kenny BL and solicitor Fred Logue, brought judicial review proceedings seeking to quash the board's November 2019 decision. The applicants alleged the board failed to properly consider the impact on the Boyne Estuary Special Area of Conservation, specifically regarding bird and bat populations, and breached EU Habitats and Environmental Impact Assessment directives. They sought declarations that the board erred in law. The case was admitted to the High Court's fast-track strategic infrastructure development list. Before Mr Justice Denis McDonald, the court noted the board was prepared to concede the case, which would require developer Ravala Ltd to make a fresh application. However, Ravala Ltd, a notice party, indicated it may continue the proceedings to defend the board's decision. Mr Justice McDonald directed Ravala to make submissions outlining how it proposes to proceed given the board's indication. The matter was adjourned to a date in May.

2020-03-23 · Galway

Medtronic engineer in planning row over 'stand-alone' housing

Conor Tarpey, a 24‑year‑old engineer working for Medtronic in Galway, has taken his planning refusal to the High Court. He seeks to build a 225‑square‑metre house with a garage on family land 850 metres from his parents' home in Ballynamangh East, near Maree. After securing permission from Galway County Council, the decision was appealed to An Bord Pleanala by a neighbouring landowner. The board refused in 2019, a decision that was later sent back for reconsideration. In early 2024 the board again refused, citing lack of demonstrable economic or social need and non‑compliance with rural stand‑alone housing policy. Tarpey argues he has a longstanding relationship with the area, having attended local schools and participated in community activities, and that the board's decision was based on errors of law and irrelevant considerations.

2020-03-19 · Louth

Development's impact on Battle of Boyne site not considered, court told

The High Court heard that An Bord Pleanála's grant of planning permission for a 661‑unit development at Rathmullen, Drogheda, was flawed because it did not consider the impact on the historic Battle of the Boyne site. The Highland Residents Association and Protect East Meath Ltd applied for judicial review, arguing the board failed to assess the development's effect on the battlefield, on four EU‑designated breeding and resting sites for rare species, and on local fauna such as roosting bats. They also claimed the decision contravened Meath County Council's 2013‑2019 Development Plan and the 2016 Planning and Development (Residential Tenancies) Act, and was incompatible with EU habitat directives. Mr Justice Denis McDonald granted permission to challenge, admitted the case to the fast‑track strategic infrastructure list, and adjourned it to late April. The applicants seek an order quashing the permission and declarations of the board's failures.

2020-03-19 · Dublin

Environmental group challenges major housing development

The High Court has granted permission for John Conway and the Louth Environmental Group to challenge An Bord Pleanála's decision to grant planning permission for a 657-apartment development in Raheny, Dublin. The applicants, represented by Stephen Dodd SC, claim the board erred in law by failing to conduct an appropriate assessment under EU habitats and birds directives, specifically regarding impacts on curlews, oystercatchers, and light-bellied Brent geese. They further allege the development contravenes the Dublin City Development Plan regarding building heights and zoning. The proposed project, submitted by Crekav Trading GP Ltd under a fast-track process, consists of nine blocks ranging from five to nine storeys plus a creche, located east of St Paul's College. Crekav is a notice party to the proceedings. In their action, the applicants seek an order quashing the board's decision, declarations that the decision was unlawful and did not constitute a strategic housing development, and findings that it acted contrary to EU Directives. Mr Justice Denis McDonald, who handles fast-track challenges for strategic infrastructure, was satisfied to grant the application on an ex-parte basis. After making certain directions in the action, the judge adjourned the matter to a date in late April.

2020-03-18 · Ireland

Child with complex medical needs sues seeking housing transfer

A High Court challenge was brought by a mother on behalf of her six‑year‑old daughter, who is confined to a wheelchair and has severe, complex medical needs. The child has lived in several properties with local authority support, but none have been suitable. Since 2017 the mother and daughter have remained at a current address that cannot be adapted to meet the girl's needs, despite the mother spending €10,000 improving the property. The council told them in 2018 it was looking for alternative accommodation, yet the family remains there. The girl suffers a rare condition that leaves her profoundly disabled, with minimal head control, low muscle tone, a severe learning disability, a history of epileptic seizures, and requires feeding by PEG and extensive medication. She is at risk from Covid‑19 and has been self‑isolating with her mother since early March.

2020-03-18 · Sligo

Girl sent home from hospital after contracting meningitis has €12m settlement approved

The High Court approved a €12 million settlement in a personal injury action brought by Robyn Kilgallon against the HSE. The applicant, now nine years old, alleged that Sligo General Hospital was negligent in February 2011 when she was ten months old. It was claimed that despite presenting with severe symptoms, including a high temperature and unresponsiveness, she was sent home by a junior doctor without admission. Her condition deteriorated, leading to readmission, transfer to Belfast, and a diagnosis of bacterial meningitis that resulted in severe, life-lasting brain injuries. Liability was admitted by the HSE. Counsel for the applicant, Alistair Rutherdale BL, instructed by Donnacha Anhold, stated the matter was resolved following mediation. He argued that on the balance of probabilities, timely admission and antibiotic treatment would have prevented the catastrophic injuries. Mr Justice Kevin Cross approved the settlement figure, noting the applicant's complex medical needs and lifelong care requirements. The judge paid tribute to the parents, Declan Kilgallon and Cabrini Fallon, for their efforts. Outside court, solicitor Anhold noted the HSE had apologized but criticized the lack of communication regarding system changes to prevent recurrence. The family expressed gratitude to their legal team and indicated plans to move to a home adapted for Robyn's needs.

2020-03-16 · Dublin

Development firms challenge DCC's new basement policy

Two development companies, Ingaro Limited and May Property Holdings Limited, have taken the High Court to challenge a new basement policy introduced by Dublin City Council (DCC). The firms argue that the policy, which requires a 0.5‑metre clearance between the site boundary and the outer extent of any proposed basement, could reduce the floor area of their projects by 10 % to 14 %. They claim DCC failed to vary its 2016‑2022 Development Plan, did not identify the legislative power used, and did not conduct public consultation or provide adequate reasons for the policy. Represented by Jarlath Fitzsimons SC, the companies allege that DCC acted unlawfully and irrationally, breaching their rights. They seek orders to quash DCC's decision, a declaration of legal error, and a stay on the policy's application to their planning applications. Mr Justice Charles Meenan granted permission on an ex‑parte basis and allowed a stay pending further proceedings, which were adjourned to late May.

2020-03-16 · Dublin

Coronavirus: court to halt ordering extraditions

In a High Court hearing on 16 March 2020, Mr Justice Donald Binchy announced that he would postpone issuing extradition orders for most cases until after the Easter break, except for the most serious offences. He explained that early orders could encourage flight and create problems in the prison system, including uncertainty about whether the 25‑day surrender period could be met and the risk of committing individuals to prison. Binchy clarified that he was not calling for a full adjournment of all cases, as that could cause a backlog, and he preferred hearings to proceed with judgments delivered when necessary. He noted that only a small number of cases involve surrender arguments and suggested reducing court attendance and exchanging documents electronically. At the time, eight applications were listed to endorse incoming European Arrest Warrants, five to issue outgoing warrants, and 17 for case management. All extradition requests in Ireland are handled by the High Court in Dublin.

2020-03-16 · Mayo

Busy CAB list sees receiver appointed over luxury watches

The High Court has ordered the appointment of a receiver over three luxury watches alleged to have been purchased with proceeds of crime. Christopher Waldron, aged 37 and with an address at Killala Road in Cabra, is facing proceedings brought by the Criminal Assets Bureau concerning two residential properties and the three watches, which include a Breitling chronograph, a Rolex Datejust and a Cartier Santos timepiece. The CAB contends that all or part of the properties and watches were acquired through criminal activity. Mr Waldron's claims denying the allegations were noted. Mr Justice Alex Owens appointed a receiver to take possession of the watches pending further order. A related case involving David Waldron, aged 42 and also from Cabra, concerning three properties in Wexford, Dublin and Kildare, was adjourned to 18 May. Those claims too are denied. The High Court's CAB list comprised 26 cases on the date in question, with social distancing measures in place among those attending.

2020-03-13 · Monaghan

Businessman faces further spell in prison for alleged contempt

A High Court judge has directed that a Monaghan businessman be arrested and brought before the court over allegations he has breached orders restraining him from two properties in the county town. Mr Justice Senan Allen ruled that Fergal Deery of Drumhillock should be taken into custody by gardaí to answer alleged contempt of court. Wardglade Limited, which acquired the premises in 2015 following a receiver's sale, claimed Mr Deery breached High Court orders made that year prohibiting him from trespassing or interfering with the properties. The company alleged further breaches occurred in September and December 2019, when Mr Deery allegedly entered the properties without consent. Wardglade also claimed a campaign of intimidation against its director Ciaran Marron and others, including threats made on social media referencing Mr Marron's family. Mr Deery, who disputes the 2015 sale as fraudulent, was previously imprisoned for two weeks in July 2019 for contempt but was released after undertaking to comply with the orders.

2020-03-12 · Dublin

'I am not going to threaten you with a knife today': robber returned to shop next day

In a case heard at Dublin Circuit Criminal Court, Nicole Byrne, aged 26, pleaded guilty to robbery of a Subway shop on 27 May 2018. Byrne entered the shop wearing a hoodie and a scarf, brandishing a knife and demanding cash from the staff member behind the counter. She seized €230 from the till and left. The next day she returned to the shop, identified by the staff, and told her she would not threaten her with a knife and that she wanted a drink. The staff member fled to a bathroom and called the police. When Gardaí arrived, the till was empty, containing €289 and Subway cards. Byrne was identified from CCTV footage and claimed she had just taken "crack" before the robbery, stating she did not intend harm and did not know where the till was. She had two prior convictions.

2020-03-12 · Carlow

Sean Dunne ordered to provide home address

In a High Court hearing on 12 March 2020, Mr Sean Dunne, a developer and businessman from Co Carlow, was ordered by Ms Justice Teresa Pilkington to provide his current home address to the Official Assignee, Mr Chris Lehane, by 1 pm on Friday. The order followed an allegation that Mr Dunne had failed to comply with a 2018 court order directing him to pay €7,000 monthly to increase assets available to creditors. The 2018 order, issued by Ms Justice Caroline Costello, extended Mr Dunne's bankruptcy and set the payment period from 25 September 2018 to 25 May 2021. Mr Lehane's lawyers sought a motion for Mr Dunne to appear before the court to answer alleged contempt. Mr Dunne's former lawyers, who had ceased representation earlier that week, had given an undertaking to provide the address but had not done so.

2020-03-12 · Dublin

Protest over social housing scheme has ended, High Court hears

The High Court heard that a protest halting work on a social housing scheme in Mullhuddart, Dublin 15, has ended. K&J Townmore Construction Ltd, contracted by Cluid Housing Association to build 65 units at Ladyswell Road, had brought proceedings against protesters it claimed had unlawfully blockaded the site since mid-January. The action was taken against Alice Woods, the only identified protester, and Local People, who were applicants in the matter. Gary McCarthy SC, representing Townmore, stated the proceedings were resolved following discussions. Ms Woods consented to orders prohibiting her and any person with knowledge of the order from trespassing at or interfering with access to the site. However, her lawyers stated she did not accept Townmore's claim that she was the ringleader. Townmore alleged the protesters, who used placards such as "Local Houses for Local People," physically obstructed vehicles, causing over €1.5m in costs and reputational damage. Ms Justice Leonie Reynolds welcomed the end of the protest and Ms Woods's consent to the orders. She warned the court would take a "very serious view" of any breach. The judge also expressed serious concerns regarding the participation of school children during school hours and noted "serious health and safety issues" arising from the obstruction of heavy vehicles.

2020-03-11 · Tipperary

Sisters-in-law have millions in debt written-down

The High Court approved Personal Insolvency Arrangements for Una and Margaret Kinsella, allowing them to write down millions of euros in debts owed to banks and Ennis Property Finance, an affiliate of Goldman Sachs. The arrangements let the sisters keep their homes and repay creditors over 12 months. Una, aged 45, owes about €3.8 million to AIB, Permanent TSB and Ennis Property Finance. She will sell investment properties worth €190,000 and restructure her €356,000 mortgage, paying €607 per month for 20 years and a €100 lump sum (€94 to Ennis). Margaret, aged 50, owes €4.2 million to Ennis, BOI, Ulster Bank, AIB and Banca March. She will sell investment properties, restructure her €257,000 mortgage, pay up to €650 per month for 20 years and a €100 lump sum (€88 to Ennis). The court found the arrangements more favourable to creditors than bankruptcy.

2020-03-10 · Wicklow

Russborough Estate row puts festival at risk, High Court told

The High Court has heard that a dispute between the Alfred Beit Foundation and local farmer David Egar has placed the Kaleidoscope Music and Arts Festival, scheduled for next June, at risk. The foundation, a charitable trust established by the late Sir Alfred and Lady Clementine Beit, owns the Russborough Estate in Co Wicklow. Mr Egar, who has farmed over 100 acres of the estate for 40 years, claims he holds tenant rights and seeks a 35-year commercial lease, damages, and an injunction against the foundation. He alleges that new restrictions proposed by the trustees will diminish his interests and push him out. Conversely, the foundation disputes these claims, asserting that Mr Egar only holds annual 11-month licences requiring him to vacate the land each February. It characterises his action as an abuse of process and claims he is unwilling to accept lease terms. In separate proceedings, the foundation seeks damages and an injunction to prevent Mr Egar from trespassing or interfering with the festival. It alleges that Mr Egar has ceased cooperation, refusing consent for the use of estate lands and adjoining farmed lands required for the event, thereby preventing the organisers from obtaining a necessary event licence from Wicklow County Council. The matter was briefly mentioned before Ms Justice Leonie Reynolds on Tuesday. The judge adjourned the actions and made the proceedings returnable to a date later this month.

2020-03-10 · Dublin

Builders want injunction against protestors seeking houses for locals

High Court proceedings have been initiated by K&J Townmore Construction Ltd against protesters allegedly obstructing the completion of a social housing scheme in West Dublin. The company, contracted by Cluid Housing Association to build 65 social houses and apartments at Ladyswell Road, Mulhuddart, Dublin 15, claims that protesters have physically blocked access to the site since mid-January, impacting its ability to meet contractual obligations and damaging its reputation. The protesters, who assert they want some houses allocated to local people, have set up a tent outside the site and used placards with messages such as 'Local Houses for Local People' and 'More Social Housing for the Irish'. Townmore's counsel, Gary McCarthy SC, stated that the dispute is between Cluid and the residents, with the company being 'caught in the middle'. The firm claims the protests have caused over €1.5m in costs, with some subcontractors leaving and parts of the buildings degrading due to exposure. The application for an injunction is against Ms Alice Woods, alleged leader and spokesperson for the protesters. The matter was adjourned by Ms Justice Leonie Reynolds, who expressed concern over the involvement of school-age children in the protest and noted that if they are being 'used as pawns', other agencies may need to be involved. The case is scheduled to be heard later this week.

2020-03-09 · Dublin

'Superman' in head-butt attack after swiping fake bible

In a Halloween nightclub assault, 39‑year‑old Denis Ward, who was dressed as Superman, head‑butted victim Daragh Comerford after taking a pretend bible from him. CCTV showed Ward removing the bible and then lunging. Comerford suffered a broken nose and required surgery for a deviated septum. Ward pleaded guilty to assault causing harm at Dublin Circuit Criminal Court. He has four prior convictions, including three traffic offences. Judge Melanie Greally adjourned the case to 12 October to allow Ward time to raise €1,100 to compensate Comerford for medical bills and lost wages. A victim impact statement described Comerford's physical and mental distress and the financial loss. Ward, who has not consumed alcohol since the incident, is unemployed and relies on social welfare but is willing to raise the compensation if given time.

2020-03-09 · Dublin

Contractor fined €100k over asbestos breach

A building contractor, McAleer & Rushe UK Ltd, was fined €100,000 by the Dublin Circuit Criminal Court for failing to conduct an asbestos risk assessment during refurbishment work at Findlater House, Cathal Brugha Street, on 23 June 2016. The breach occurred while the company was converting the building into a hotel. Two asbestos surveys had been carried out the previous year, but the area where the breach happened had not been included because work had not been planned there at that time. The company had previously removed asbestos elsewhere in the building in compliance with regulations. Declan McLogan, a director, pleaded guilty on behalf of the firm, acknowledging that the company would be liable for exposing employees to asbestos dust where a risk assessment was not performed. Judge Melanie Greally described the breach as a serious one caused by human error, not cost‑saving, and noted the company's strong safety reputation and low accident record.

2020-03-05 · Dublin

Human rights lawyer's action against Google may not need formal orders

In March 2020 a High Court case was adjourned generally after a German human‑rights lawyer, Mark Somos, sought orders against Google Ireland Ltd. He alleged that parties based in the Middle East, specifically Qatari actors, had attempted to hack his private Gmail account in December 2019 and January 2020. Somos requested that Google disclose the identities of those who unlawfully accessed his account and the devices used, but was told that such information could only be provided if the courts issued an order. The case was brought in Ireland because Google's Dublin facility serves as its European, African and Middle East headquarters. Niall Buckley BL represented Somos and informed Justice Leonie Reynolds that the matter could be resolved without formal orders, leading the judge to adjourn the case generally. Somos claims the hacking attempts are linked to his representation of victims of human‑rights abuses by Qatar and that they have caused him considerable distress.

2020-03-04 · Monaghan

Cattle shot for public safety and disease prevention reasons, High Court hears

Five cattle were shot on a Carrickmacross farm in July 2016 by members of the defence forces for public safety and disease prevention purposes, the High Court heard on Wednesday. Bankruptcy trustee Chris Lehane told the court that the animals were culled as a last resort after tuberculosis was detected in the herd and cattle had been found straying on public roads. Security concerns and the difficulty of containing the animals in challenging field conditions also factored in the decision, he said. The cattle belonged to the estate of John Hoey, who was declared bankrupt in February 2016 following a petition by John Kelly Fuels Ltd for €262,000. Mr Hoey opposes an application by Mr Lehane to extend his bankruptcy by up to ten years, claiming he has cooperated with the process. Justice Teresa Pilkington reserved her decision on the extension application.

2020-03-04 · Ireland

Janet Jackson's ex sues Facebook over fake ads

A UK-based Qatari businessman, Mr Wissam Al Mana, has initiated High Court proceedings in Ireland against Facebook Ireland Ltd and unknown parties responsible for alleged fake advertisements featuring his name and image. The applicant, who is the Executive Director of the Al Mana Group, claims that since May 2019, fake ads using the Facebook Ads Tool have appeared, which he alleges are defamatory and contain malicious falsehood. These ads, he says, direct users to a webpage with a fake news story purporting to be an exclusive interview with him, promoting a cryptocurrency auto-trading program called Bitcoin Trader. Mr Al Mana asserts that the ads are targeted and that the content includes false statements attributed to him. The case was briefly mentioned before Ms Justice Leonie Reynolds, with the court agreeing to adjourn the matter for a week to allow discussions between the applicant's legal team and Facebook's representatives. The applicant's lawyers are seeking an order requiring Facebook to disclose information to identify the unknown advertisers. The procedural stage is hearing_or_decision.

2020-03-03 · Monaghan

Farmer claims he is 'haunted' by shooting dead of cattle by defence forces

A Carrickmacross farmer has opposed an application to extend his bankruptcy by up to ten years at the High Court. John Hoey was declared bankrupt in February 2016 following a petition by John Kelly Fuels Ltd for €262,000. The Official Assignee, Chris Lehane, seeks the extension under the Bankruptcy (Amendment) Act 2015, claiming non-cooperation including failure to provide a Statement of Affairs. During bankruptcy proceedings, five cattle on Mr Hoey's farm were shot by defence force members in July 2016. Mr Hoey contests the allegations, stating he furnished required documentation and that assets were sold below value. He also disputes claims the cattle were destroyed humanely, describing the incident as traumatic. Mr Lehane maintains enforcement actions were necessary and appropriate. The case before Ms Justice Teresa Pilkington continues, with cross-examination of the Official Assignee ongoing.

2020-03-02 · Sligo

'Debt for equity' swaps can't be approved without creditor's consent, judge finds

The High Court has ruled that debt-for-equity swaps cannot be approved within personal insolvency arrangements without the explicit consent of the relevant secured creditor. Mr Justice Denis McDonald delivered the judgment in dismissing an appeal brought by a Sligo woman against a Circuit Court refusal to approve her Personal Insolvency Arrangement. The applicant had proposed offering her bank over 43 per cent equity in her family home as part of a debt restructuring proposal, which the bank rejected. The judge found no provisions within the 2012 to 2015 Personal Insolvency Acts permit court approval of such swaps without creditor consent. The case is considered significant within personal insolvency law, with approximately 100 similar cases pending before the courts. Mr Justice McDonald indicated that legislative amendments would be required if arrangements of this nature are to proceed without creditor agreement, stating such changes are a matter for the Oireachtas.

2020-03-02 · Westmeath

Whistleblower allegedly threatened to break senior garda's jaw

In March 2020 a Disclosures Tribunal heard that Garda whistleblower Nicholas Keogh, who made a protected disclosure in 2014, alleged that a senior member of the Athlone drugs unit had an improper relationship with an alleged heroin dealer. Keogh claimed he was bullied by Garda management after his disclosure. In 2017, Chief Superintendent John Scanlan of the Laois-Offaly District gave an interview praising Commissioner Noirín O'Sullivan. Keogh allegedly called 999 and threatened to "break Scanlan's jaw" after the interview. Scanlan said he was concerned but not angry, and that he had handled Keogh professionally. He also stated that he had received Keogh's complaint file in March 2017, had completed it by April, and had no role in its subsequent investigation, which began in November. The tribunal examined whether Keogh was targeted, harassed, undermined or bullied after his disclosure. The hearing was chaired by Judge Sean Ryan. The tribunal has not yet reached a conclusion.

2020-03-02 · Meath

€3m debt write-down for Theresa Lowe and Frank McNamara

The High Court approved personal insolvency arrangements (PIAs) for musician Frank McNamara (59) and his barrister wife Theresa Lowe (56), allowing them to write off almost €3 million of debt. The judge, Mr Justice Denis McDonald, had previously expressed concerns about discrepancies in McNamara's financial documents, particularly between a Standard Financial Statement (SFS) filed in January 2016 and a Prescribed Financial Statement (PFS) submitted in October 2016. He noted that the discrepancies had been explained and that the unsatisfactory approach taken by McNamara and his Personal Insolvency Practitioner should not lead to dismissal of the application. The court postponed the formal order until the assets of McNamara's late father's estate are realised, but confirmed that the PIAs will be effective once that occurs.

2020-02-28 · Dublin

Postal worker sues over attempted Tiger Kidnapping

In February 2020, Susan Byrne, a former post office clerk at Balbriggan sub‑post office, filed a High Court damages action against An Post and the postmaster, Mr Paul Hannon, alleging negligence after an attempted tiger kidnapping on 4 October 2011. The incident involved three masked armed raiders who tied up Byrne and her husband, forcing Byrne to fill bags with money at the post office. Byrne claims she was not warned of the risks of tiger kidnappings, nor given proper training or guidance on operating the sub‑post office, and that staff were not informed of preventative measures. The post office denied the claims. On 28 February 2020, Mr Justice Mark Sanfey ruled on a pre‑trial issue regarding discovery of documents. Byrne sought the Postmasters Manual and the 2006 An Post Retail Sub‑Offices Procedures Handbook.

2020-02-28 · Galway

Receiver to get possession of property where man living rent free

In a High Court case in Galway, a fund‑appointed receiver, Luke Charleton, obtained an injunction for vacant possession of The Coach House, Barna Demesne, Barna Road, where Mr Cormac Cleary had allegedly lived rent‑free for about three years. Mr Cleary denied the claim, asserting he had a valid tenancy with the property's owner, Mr John Hughes. The receiver, representing Promontoria Aran, argued that Mr Cleary had no entitlement to occupy the premises and that no lease existed. Mr Hughes, in a sworn statement, denied entering into any agreement with Mr Cleary regarding the Coach House. Judge Mark Sanfey, satisfied with the receiver's case and noting a lack of documentary evidence supporting Mr Cleary's tenancy claim, granted the injunction. The order remains pending until the final outcome of the action, with the matter adjourned for two weeks to allow the parties to consider the decision.

2020-02-27 · Dublin

Prominent German lawyer takes action against Google over alleged Qatari hacking

A prominent German lawyer, Mark Somos, has filed proceedings in the Irish High Court alleging that parties based in the Middle East, specifically Qatari actors, have attempted to hack his private Gmail account. He claims that an unknown individual using a Qatari phone number tried to unlawfully access his account in recent weeks and months, including an attempt to reset his recovery email and number. Somos, represented by Niall Buckley BL, says he has received warnings from German security authorities about Qatar's attempts to hack his and his clients' phones and computers. He has submitted complaints to several United Nations bodies, including the Human Rights Council, on behalf of clients who are under extensive police protection in Germany. The action seeks orders requiring Google Ireland Ltd to disclose the identity of the alleged hacker and the devices used, and to provide identifying particulars of those devices.

2020-02-21 · Ireland

Group to sue over circulation of image of their photos on garda briefing board

More than 25 people plan to sue over the circulation of images containing their names and photographs that were posted on a Garda notice board. The images were taken in March 2019 by a contractor believed to work for the Gardai, who had access to a room at Kilmainham Garda Station that held briefing bulletins. One bulletin displayed photographs, names and addresses of the applicants, describing them as active criminals from Ballyfermot/Labre Park or from Kilmainham and Inchicore. The applicants claim they have no convictions or only minor ones, and that they were photographed alongside notorious criminals, an Islamic extremist and a convicted sex offender. They allege breach of privacy and the Data Protection Act and intend to bring defamation and damages actions against the Garda Commissioner and the contractor. Applications were filed before Ms Justice Leonie Reynolds at the High Court.

2020-02-21 · Ireland

Emergency order secured for woman living in 'truly awful' squalor

The High Court, presided over by Mr Justice Peter Kelly, granted the HSE an emergency order to detain a woman in hospital and provide essential treatment. The woman, in her sixties, had been living in "truly awful" and "dire" conditions, with her feet infected and gangrenous, and her home infested with flies, maggots, litter and urine. She had been admitted earlier in the month and was uncooperative, raising concerns that she might leave the facility. The judge noted possible cognitive issues and lack of capacity to decide for herself. The order allows the HSE to detain her in the current hospital or any other hospital where she receives treatment, and gives her treating physicians authority to administer necessary care. It also authorises Gardai to detain her if she absconds, and appoints an independent medical visitor and a guardian ad litem. The case will be heard next week.

2020-02-20 · Louth

Fund entitled to possession of Blackrock property with 15 occupants, judge rules

In a High Court ruling on 20 February 2020, Everyday Finance DAC and its receivers, Stephen Tennant and Nicholas O'Dwyer, were granted an injunction allowing them to take possession of a property at Avoca Park, Blackrock, Co Dublin. The injunction applies pending a full hearing of the action. The receivers sought vacant possession, claiming the property is subject to a mortgage secured by loans from AIB, now owed by the defendants. The defendants, Mr Paul White and his wife Ms Jane Gleeson, opposed the application, arguing the receivers' appointment was invalid and that Ms Gleeson had no debt and was entitled to rent benefits. The court found the plaintiffs' case strong and ordered the receivers to take possession, noting the property is occupied by about 15 people and that the defendants have not cooperated. The judge placed a stay on any sale of the house and adjourned the matter for a week before final orders are made.

2020-02-20 · Dublin

Judge asks if injunction being sought to 'facilitate a dog'

In a High Court hearing on 20 February 2020, Ms Justice Leonie Reynolds questioned whether the injunction sought by Belwall Limited was intended to "facilitate a dog". Belwall, part of the Townmore Group, alleged that Mr Darren Cummins, who had purchased the property for €2.4 million, was repeatedly trespassing after the sale closed. Cummins reportedly told an agent that he would "have to do things his way" because his calls to Townmore were not returned, and an associate shouted at the agent to "tell him to transfer the rest of the money". A sign reading "private property keep out", a padlock and chains were installed, and an agent discovered a dog inside the house. Belwall claimed the dog was being cared for by Cummins and sought orders to allow safe removal of the animal, to prevent any animals or vehicles from being placed on the property, and to compel Cummins to deliver up vacant possession.

2020-02-20 · Dublin

Bloodstained post-it note led detective to syringe robber

During a robbery at Real Brazil on 20 September 2018, 36‑year‑old Samantha Irwin, armed with a syringe, stole €55 from a shop assistant. A bloodstained post‑it note fell from her pocket while she was being recorded on CCTV; the note listed out‑of‑hours homeless accommodation services. Detective Garda Michelle Fitzpatrick identified the note and matched DNA from the blood on it to Irwin. The shop assistant, who managed to pull her arm free, later stated she now works only day shifts and feels anxious about being alone in the shop. Irwin pleaded guilty to robbery and to possession of two shotgun cartridges found in her accommodation in April 2019. She has 19 prior convictions, mainly for traffic offences, and has sought help for drug addiction. The court adjourned sentencing to 5 March 2020 for a full plea in mitigation.

2020-02-20 · Ireland

Delaney joined as notice party to ODCE application

Former FAI CEO John Delaney has been joined as a notice party to proceedings brought by the Office of the Director of Corporate Enforcement (ODCE) concerning materials seized from the FAI's offices. The ODCE applied to the High Court to determine if the seized documents are legally privileged, which would prevent their use in its ongoing investigation into certain matters concerning the FAI. The application was heard before Ms Justice Leonie Reynolds, who was informed by Jack Tchrakian BL that Mr Delaney wished to be joined as a notice party. The judge had previously suggested this step after being told the documents might raise private issues regarding Mr Delaney. Kerida Naidoo SC and Elva Duffy BL for the ODCE, and Brian Gageby BL for the FAI, stated their clients had no objection to Mr Delaney's inclusion. The judge adjourned the matter to a date next month. Mr Delaney, who previously served as CEO and Executive Vice President, left the FAI last September. The ODCE's application, made under the 2014 Companies Act, follows a search warrant executed on February 14th. In a related ruling last year, the court found that specific passages in documents provided by the FAI and Deloitte Ireland LLP contained legally privileged material that could not be used in the investigation.

2020-02-20 · Westmeath

Delay in investigating whistleblower's bullying claim 'unfair' to all, tribunal told

The Disclosures Tribunal, chaired by Judge Sean Ryan, heard evidence regarding the treatment of whistleblower Garda Nicholas Keogh, who made a protected disclosure in 2014. Assistant Commissioner Finbarr O'Brien testified that an eight-month delay in launching an investigation into Keogh's bullying claim was "unfair" to all parties. Keogh alleged that a senior Athlone drugs unit member was in an improper relationship with an alleged heroin dealer. His subsequent complaint, filed in March 2017 against Supt Pat Murray, Chief Supt Lorraine Wheatley, and Chief Supt Mark Curran, was not investigated until November 2017. The investigation concluded in December 2018, upholding no complaint of bullying. O'Brien stated he reviewed the file in early 2019 and upheld the findings, noting the delay was caused by legal complexities and witness issues. While Keogh's counsel argued the review was a "rubber-stamp," O'Brien rejected this, asserting the investigation was thorough and impartial. O'Brien acknowledged the delay was outside policy timeframes but maintained it did not disadvantage the evidence. Chief Supt Wheatley had previously expressed concern over the delay contravening policy ethos. Keogh's appeal of the review was rejected by Deputy Commissioner John Twomey in July 2019. The tribunal continues to investigate whether Keogh was targeted or bullied following his disclosure.

2020-02-17 · Ireland

ODCE wants High Court to rule if Delaney documents are privileged

The Office of the Director of Corporate Enforcement (ODCE) has applied to the High Court to decide whether documents seized from the Football Association of Ireland (FAI) under a search warrant are legally privileged. The seized papers relate to former FAI chief executive John Delaney. Elva Duffy, counsel for the ODCE, filed the application under sections of the 2014 Companies Act on an ex‑parte basis. The High Court judge, who noted that the documents might contain private matters concerning Mr Delaney, adjourned the case to later in the week and suggested that Mr Delaney be made a notice party. The decision will determine if the documents can be used in the ODCE's ongoing investigation into the FAI. The matter follows earlier rulings by Justice Leonie Reynolds, who found that extracts from FAI documents and those provided by Deloitte Ireland were protected by professional legal privilege and must be redacted from the investigation.

2020-02-17 · Dublin

Provisional liquidator appointed to mechanical engineering firm

In a High Court hearing on 17 February 2020, Mr Justice Leonie Reynolds appointed Mr Nicholas O'Dwyer as provisional liquidator for Haughton and Young Ltd, a Dublin‑based mechanical engineering subcontractor employing over 160 people. The firm, founded in the late 1990s and located at The Business Centre, Stadium Business Park, Ballycoolin Road, had been profitable for many years but began incurring losses from 2018, ultimately becoming insolvent. Losses were attributed to increased sector competition and alleged unpaid amounts on certain projects. Mr Brian Conroy BL, representing the company's main shareholders, argued that the provisional liquidator was urgently needed to protect the company's assets, including a large fleet of vehicles, from creditor claims. Counsel noted that creditors had occupied the premises and demanded payment, raising concerns about asset seizure. The appointment was intended to preserve assets and ensure orderly distribution to creditors. The matter was adjourned to early March for further proceedings.

2020-02-12 · Louth

Court directs US businessman to provide sworn statement in hospital row

In a High Court case involving a dispute over shares in the Galway Clinic, a judge directed US‑based businessman and medical doctor Joseph Sheehan Senior to provide a sworn statement detailing the alleged sale of Blackrock Medical Partners Ltd (BMPL). The order was part of injunction proceedings brought by Marpole Ltd, BMD Investments Ltd and Parma Investments, who had secured a temporary injunction freezing BMPL's assets after the company allegedly owed them over €800,000 in legal fees. The three firms feared that funds received by BMPL from the sale of shares in the clinic might be dissipated. The judge, Ms Justice Teresa Pilkington, agreed to continue the freezing order, which prevents BMPL from transferring, dissipating or reducing its assets, and ordered Sheehan to swear an affidavit outlining the sale and the company's assets. The court also ordered BMPL to pay €800,000 on account, to be held until the legal fees are finalized.

2020-02-11 · Westmeath

1,600 phone contacts between garda and alleged heroin dealer, Tribunal told

During a 2020 hearing, the Disclosures Tribunal examined evidence that a senior Garda from the Athlone drugs unit, referred to as Garda A, had made 1,600 phone contacts with an alleged heroin dealer, Ms B, during a 2009 operation. The tribunal, chaired by Judge Sean Ryan, is investigating whether Garda Nicholas Keogh, who disclosed misconduct in 2014, was targeted or harassed after his protected disclosure on 8 May 2014. Detective Inspector Michael Coppinger testified that the 1,600 contacts were recovered from Garda A's phone, which had been seized in April 2015, and that the data had been downloaded by telecoms before any alleged wiping. In October 2015, investigators searched Ms B's Athlone address and recovered up to 20 devices, including SIM cards, laptops and phones, but the evidence did not meet the threshold for criminal prosecution.

2020-02-11 · Dublin

No-show boss of collapsed charities firm on "gap year", counsel quips

In February 2020, lawyers for liquidator Myles Kirby of the collapsed charities firm Pembroke Dynamic sought to progress proceedings against businessman Peter Conlon, who had been absent from a scheduled inspection of documents. Conlon, previously convicted of embezzlement and serving time in Zurich, had been residing in the South of France and was now reportedly in Munich. The liquidator's counsel, Gerard Meehan, indicated that Conlon had not responded to discovery requests and was "currently on a gap year." Kirby had secured a High Court injunction freezing Conlon's assets, including bank accounts, valued at €3.8 million, and was seeking to hold Conlon personally liable for the company's debts. Conlon's solicitor, Robert Dore, confirmed his client's presence in Munich, his financial hardship, and his intention to attend the February 21 inspection. The court noted that if Conlon failed to attend, the matter would simply move on, with the case scheduled to return later that month.