Court archive

Stage Hearing Or Decision court reports

2020-02-11 · Meath

Business gets injunction preventing landlord taking possession of premises

In a High Court ruling, Ms Justice Teresa Pilkington granted a permanent injunction to Fun2see Learning & Activity Centre Limited, preventing landlord Pargo Properties One Limited from re‑entering or taking possession of Unit 21, Ashbourne Retail Park, Co Meath. The injunction, originally granted in September, remains in force until the full hearing of the landlord‑tenant dispute. Fun2see, which employs 32 people, disputes a €1.48 million rent arrears claim issued by the landlord after a notice of forfeiture. Fun2see argues it has always paid a reduced rent of €1,500 per week, a figure it claims was agreed orally in May 2012 and has not increased since. The court noted that no agreement was reached on the arrears and that the injunction is appropriate pending the full hearing, which is scheduled for March. The injunction also bars the landlord from interfering with Fun2see's business operations.

2020-02-10 · Dublin

Whistleblower alleged garda planted heroin on suspects

In 2014, Garda Nicholas Keogh made a protected disclosure alleging that a senior member of the Athlone drugs unit, Garda A, had an improper relationship with a heroin dealer, Ms B, and that Garda A had tipped her off on drug searches. Keogh also claimed that in 2009 Gardaí had planted half a kilo of heroin worth €75,000 on two suspects and that a file had been prepared for the Director of Public Prosecutions (DPP). He further alleged evidence destruction, theft of an investigation file, non‑compliance with a court order, exclusion of a known heroin dealer from an investigation, incorrect evidence storage and improper motives for a drug operation. The DPP, after reviewing the investigation, concluded that the evidence against Garda A was circumstantial and did not reach the threshold for criminal prosecution. The Disclosures Tribunal is hearing evidence on whether Keogh was targeted or harassed after his disclosure. The tribunal is chaired by Judge Sean Ryan.

2020-02-10 · Westmeath

Judge "shocked" to hear name read out in Dail as confidential recipient

In a hearing before the Disclosures Tribunal, retired District Court Judge Patrick McMahon, who served as the Confidential Recipient for Garda whistleblower Nicholas Keogh, recounted being surprised to learn that Keogh's name and the details of his protected disclosure were read aloud in the Dáil on the same day he received the information. McMahon explained that he had met Keogh on 8 May 2014 in a car in Kinnegad, where Keogh provided an affidavit dated 7 May 2014 and later a DVD containing an interview with an unnamed individual. The tribunal, chaired by Judge Sean Ryan, is examining whether Keogh was targeted or harassed after his disclosure. McMahon noted that the announcement in the Dáil caused him distress, as he had arranged a confidential meeting with Keogh. The tribunal is also reviewing the appointment of Assistant Commissioner Dónall Ó Cualáin to investigate the matter, a decision that Keogh expressed anxiety about.

2020-02-06 · Galway

Freezing order granted in legal fees row involving Galway Clinic shareholders

Three companies – Marpole Ltd, BMD Investments Ltd and Parma Investments – secured a temporary High Court injunction to freeze the assets of Blackrock Medical Partners Ltd (BMPL), a company controlled by US‑based doctor and businessman Joseph Sheehan Senior. The injunction was sought because BMPL allegedly owes the three firms over €800,000 in legal fees after a failed High Court action. BMPL had recently received several million euros from the sale of shares it held in Marpole Ltd to Parma, and the plaintiffs fear that these funds could be dissipated. The court, hearing the case ex‑parte, granted the freezing order, preventing BMPL from transferring, dissipating or reducing its assets, particularly the proceeds of the share sale, below €800,000. The order is returnable to a date next week. The injunction follows a prior judgment where BMPL's action to stop BMD from transferring its shares to Parma was dismissed and the three firms were awarded legal costs.

2020-02-06 · Tipperary

Action ends as Minister signs special order for Tipp ballot

A High Court action brought by independent Tipperary candidates Mattie McGrath and Joe Hannigan has been withdrawn following the Minister for Housing, Eoghan Murphy, signing a special order to allow the constituency's general election ballot to proceed on Saturday. The proceedings, which challenged the returning officer's decision to postpone the election under Section 62 of the 1992 Electoral Act, became moot after the Minister's intervention. The candidates had alleged that the postponement was unlawful and unconstitutional, arguing that a new poll could not occur within the constitutional 30-day limit expiring on February 13. The action was initiated after the death of candidate Marese Skehan prompted the returning officer to issue a countermand. During the hearing, counsel for the applicants sought legal costs, citing a lack of official confirmation regarding the election date prior to the proceedings. The State opposed this application, asserting the Minister's decision was independent of the court action. Justice Charles Meenan made no order as to costs, directing both sides to pay their own. The judge noted the Attorney General acted with expedition in reviewing the matter following the tragic death of Ms. Skehan. The case concluded with the withdrawal of the action, leaving the election to proceed as originally scheduled.

2020-02-05 · Tipperary

No official confirmation that Tipperary ballot will proceed, High Court told

Mattie McGrath, an Independent TD and candidate for the 2020 general election, has filed a High Court action to ensure the Tipperary constituency vote takes place on Saturday, 8 February. He argues that the returning officer, James Seymour, unlawfully countermanded the poll following the death of independent candidate Marese Skehan, thereby breaching the Constitution and the 1992 Electoral Act. McGrath contends that postponing the election would disenfranchise voters, disadvantage Independent candidates, and allow larger parties to concentrate resources in Tipperary. He claims a new poll could not be held within the constitutionally mandated 30‑day period, which would expire on 13 February. The case is pending, with the court adjourned to Thursday afternoon for further proceedings. The State, represented by Frank Callanan SC, seeks to adjourn the matter to consider its response. The High Court has not yet ruled on the legality of the countermand.

2020-02-04 · Dublin

Woman who innocently received video is prosecuted for possession of child porn

In February 2018, 28‑year‑old Omo Delpin Omorouyi was prosecuted for possession of child pornography after she failed to delete a two‑minute video sent to her on WhatsApp. The video, which began innocently with a man and a toddler, was later revealed to depict the rape of a two‑year‑old child. Omorouyi claimed she did not know the content until she opened it and said she had deleted it, but a Garda investigation found the video still on her phone because the app automatically downloads media. She pleaded guilty and was given a suspended four‑month prison sentence by Judge Pauline Codd, who noted the lack of other convictions. The case highlighted the difficulty of deleting data from mobile devices and the impact on Omorouyi's future career prospects in child care. The adult in the video was identified as a man in Michigan, US, and has since been convicted.

2020-02-03 · Galway

Fund entitled to possession of Galway property

In a High Court ruling on 3 February 2020, Mr Justice Garrett Simons granted Ennis Property Finance DAC, a fund linked to Goldman Sachs, an order for possession of a house in Devon Park, Salthill, Co Galway. The fund had acquired loans of €550,000 from Bank of Scotland (Ireland) in 2003 and 2006, which were secured by the property. Ennis claimed the loans were defaulted on by Mr Henry Greally, the owner, and sought possession on that basis. Mr Greally opposed the application, arguing that the debt was not fully explained, disputing the validity of personal guarantees, and alleging procedural errors by the fund. The judge found the evidence uncontroverted, confirmed the fund's registered charge and power of sale, and noted that the property was occupied. He awarded Ennis legal costs and imposed a one‑month stay on the possession order. The decision was described as "unusual.".

2020-01-31 · Cork

Environmental activist succeeds in getting solar farm planning permission quashed

In a judicial review, the High Court quashed An Bord Pleanala's decision to grant planning permission for a 67.8‑hectare solar farm at Fiddane, Ballyhea, Co Cork. Environmental activist Peter Sweetman, represented by James Devlin SC and Margaret Heavey BL, argued that the board failed to conduct a proper Environmental Impact Assessment, rendering its permission invalid. The court also dismissed Sweetman's claims that the board's decision violated EU directives, finding the arguments were not properly made out. Sweetman's case against the State was likewise dismissed because the case against Ireland and the Attorney General was not properly pleaded. The judge adjourned the matter, allowing the parties to consider his decision, and will later decide whether the case can be remitted back to the board for a fresh consideration.

2020-01-30 · Wicklow

Film producers make offer to mediate dispute with German company

In a 2020 case, Berlin‑based W2 Filmproduktion Vertriebs GmbH sued Irish film producers Morgan O'Sullivan and James Flynn, alleging that €40‑50 million had been diverted from Octagon Films Ltd, a company in which all parties are shareholders. The claim, first brought before the court in 2016, was heard by Ms Justice Teresa Pilkington. Both producers deny the allegations and have offered to resolve the dispute through mediation. Counsel Bernard Dunleavy SC argued that public proceedings were damaging to his clients' businesses, especially after W2's claims that funds from a proposed TV series, 'Vikings Valhalla', would be diverted to the defendants. W2, which holds 49 % of Octagon's shares, seeks damages for alleged breach of duty, fraud and conspiracy. The judge accepted the mediation offer and adjourned the case to a date next month. The dispute remains a derivative action brought by a shareholder on behalf of Octagon.

2020-01-30 · Dublin

Former Legionnaire suffering from PTSD when he stole "Buddha statue"

Patrick Scanlon, a 42‑year‑old former paratrooper and Legionnaire, was found to have PTSD when he stole a €25 Buddha‑style garden statue from a hardware shop in Finglas, Dublin. He had been walking past the shop when he saw the statue on the ground and picked it up. The next day Garda Niamh Corrigan stopped him on Wellmount Avenue after spotting a sharp knife in his pocket and arrested him for unlawful possession of a knife. Scanlon admitted the statue was stolen and pleaded guilty to theft from James Malone at Finglas DIY on 17 February 2019. He had 27 prior convictions, most of them thefts from 2019. His defence lawyer, Mark Lynam, argued that Scanlon was out of control and self‑medicating, and that he was now dealing with PTSD with social services.

2020-01-30 · Galway

14-year disqualification imposed on director over €1.2m VAT fraud

In a High Court hearing on 30 January 2020, Mr Justice Brian O'Moore imposed a 14‑year and three‑month disqualification on Kevin Rabbitte, director of Westman Plant and Civils Limited, for his role in a €1.2 million VAT fraud. Rabbitte admitted to a carefully coordinated scheme that used the company's VAT number to purchase machinery from the UK between July 2014 and June 2015, then sell it in Ireland without paying the due VAT. The fraud, described as a carousel or Missing Trader Intra‑Community VAT fraud, resulted in Revenue being defrauded of €1.2 million. Rabbitte had consented to a declaration that he knowingly defrauded the company's creditors, including Revenue, and to be personally responsible for €1.5 million of the company's debts. He received a 5 % discount on the maximum 15‑year disqualification allowed under the 2014 Companies Act because of his admissions and consent to orders before the hearing.

2020-01-29 · Dublin

Dog track protest row resolved

In a High Court case, an injunction that had limited protests outside Shelbourne Park greyhound track was lifted after settlement talks. The agreement, reached between the protesters and Shelbourne Park Greyhound Stadium Ltd, allows the protesters to continue peaceful demonstrations on Saturday evenings but under agreed conditions. The track operators will pay the protesters' legal costs and acknowledge the right of patrons and employees to attend events. The settlement also removes any insinuations that the protesters were involved with leaflets threatening residents, which are under Garda investigation. The injunction had barred the six named protesters and others from approaching within 50 metres of the track entrance and from obstructing access. The parties agreed to protocols, including keeping protests on a public path at least 3.5 metres from the entrance, limiting slogans to greyhound welfare, and deploying stewards in high‑visibility jackets.

2020-01-28 · Dublin

Greyhound racing protestors want injunction lifted

The High Court was asked to lift an injunction that limits protests against the greyhound racing industry outside Shelbourne Park. The injunction, obtained by GreyhoundStadium Ltd, bars six named protesters and anyone aware of the order from impeding access to the stadium within 50 metres of the entrance. The protests began after an RTE exposé of industry practices. Operators claim the protests have gone beyond peaceful protest, alleging intimidation and verbal abuse of patrons, while the defendants deny these claims and argue the protests have always been peaceful. The defendants, including Laura Broxson, Tawnie Ocampo, Catherine Wood, Bernie Wright, Conor Brady and Noiren Carrigg, seek to have the injunction lifted. The Irish Council of Civil Liberties has joined as amicus curiae, citing freedom of speech and assembly concerns.

2020-01-28 · Galway

"Longest disqualification possible" sought for VAT fraud

The High Court is being asked to impose the longest possible disqualification on Kevin Rabbitte, former director of Westman Plant and Civils Limited, for his role in a €8m VAT fraud scheme. The company, liquidated in 2017, used its VAT number to import machinery from the UK between July 2014 and June 2015, failing to pay VAT when the goods were sold in Ireland. Rabbitte allegedly acted on behalf of an unnamed third party, bidding at UK auctions, acquiring goods under Westman's VAT number, and receiving a commission. The liquidator, Mr Myles Kirby, seeks disqualification, while Rabbitte, represented by solicitor Robert Dore, has consented to orders making him personally liable for €1.5m of the company's debts and to a declaration of intent to defraud creditors. The court will decide the disqualification period after hearing the parties' submissions.

2020-01-27 · Ireland

Ryanair must pay only portion of former COO's legal bill after failed action

In a January 2020 judgment, Mr Justice Senan ruled that Ryanair must pay only a portion of former Chief Operations Officer Peter Bellew's legal costs. The court found that a clause in Bellew's contract that barred him from working for any European airline for 12 months was unenforceable, as Ryanair had not demonstrated that its interests extended beyond direct competitors in the low‑cost sector. The judge noted that Ryanair had a legitimate interest in the covenant but that it exceeded what was justified. Bellew's lawyers sought an order compelling Ryanair to cover his costs, but the court held that it would be unjust to require Ryanair to pay for discovery costs or for additional trial days. Consequently, Ryanair is liable only for Bellew's legal costs for two of the eight days the case was heard. The decision also confirmed that Bellew was not unfairly treated by Ryanair's chief executive in relation to a 2019 share‑option scheme.

2020-01-24 · Down

Court to order extradition over migrant deaths

Mr Justice Donald Binchy indicated he will order the extradition of Eamon Harrison, a 23-year-old from Mayobridge, Co Down, to the UK to face 39 counts of manslaughter, conspiracy to assist unlawful immigration, and conspiracy to commit human trafficking. These charges relate to the discovery of 39 dead Vietnamese nationals in a lorry trailer in Essex. The judge stated that submissions from both Harrison's legal team and the Department of Justice did not preclude surrender, noting the circumstances meet legal requirements. Although the judge signaled his decision, he deferred making the formal order until Tuesday, February 4th, 2020, at 10am, adjourning the matter to that date. Harrison's counsel requested the delay to allow time to consider an appeal, noting Harrison is already in custody. The Minister for Justice's counsel urged finalisation as soon as possible. It is alleged that Harrison transported the refrigerated trailer, which was later collected in Essex by Maurice Robinson, a 25-year-old from Craigavon, Co Armagh, who was arrested at the scene. Harrison, a dual Irish-British citizen, was arrested in Ireland under a European Arrest Warrant. While the prosecution alleged Harrison was integrally involved in trafficking, his defense argued there were critical missing facts regarding who placed the victims in the trailer.

2020-01-23 · Ireland

Environmental group launches challenge to industrial peat extraction

The Friends of the Irish Environment has launched a High Court challenge against the Environment Protection Agency (EPA) regarding its decision to accept an application for an integrated Pollution Control licence. The applicant seeks to quash the EPA's October decision to accept the application submitted by Harte Peat Ltd, which is a notice party in the proceedings. Harte Peat Ltd is seeking a licence for ongoing industrial peat extraction at Finea in County Westmeath. The NGO alleges that the EPA's acceptance of the application was contrary to various sections of the 1992 EPA Act and constitutes an error in law. The challenge further asserts that the decision violates the European Union's Habitats Directive and the directive on Environmental Impact Assessments. The NGO claims the proposed extraction covers an area exceeding 30 hectares and that the EPA relied on regulations previously set aside by the High Court. In a landmark judgment last September, Mr Justice Garrett Simons ruled that peat cannot be extracted from areas larger than 30 hectares without planning permission, finding the relevant regulations inconsistent with EU environmental laws. The NGO seeks orders compelling the EPA to cease processing the application and a declaration that the EPA acted contrary to the 1992 EPA Act by accepting the application without planning permission. Permission to bring the challenge was granted on an ex-parte basis by Mr Justice Charles Meenan. The matter was adjourned and will return before the court in two months.

2020-01-23 · Westmeath

Whistleblower's condition put garda reputation at stake, senior officer tells tribunal

A senior Garda officer has told the Disclosures Tribunal that a whistleblower Garda was confined to indoor duties in 2015 due to concerns about his condition potentially damaging the reputation of An Garda Síochána. Superintendent Aidan Minnock stated that the decision was made by Supt Patrick Murray and that Gda Keogh was struggling with alcohol and work-related stress at the time. Gda Keogh denies that his hands were shaking when he was informed of the decision. The tribunal is investigating whether Gda Keogh was targeted, harassed, or bullied after making a protected disclosure in 2014. Superintendent Noreen McBrien informed the tribunal that an issue with Gda Keogh's car tax had been known since October 2014, leading to the withholding of subsistence and travel payments until the matter was resolved. One of the travel expenses claims made by Gda Keogh was for a meeting with then-TD Luke 'Ming' Flanagan, who would later name Gda Keogh as a whistleblower in the Dáil in May 2014. The expense claims were eventually paid in April 2015 after the car tax issue was resolved. Gda Keogh had claimed that the delays in his expenses and the car tax issue had amounted to targeting him for being a whistleblower, which the witness denied.

2020-01-22 · Westmeath

Whistleblower "jumping the gun" in criticism over welfare officer

In a hearing before the Disclosures Tribunal, Judge Sean Ryan examined whether Garda Nicholas Keogh was targeted after making a protected disclosure in 2014. Keogh alleged that a senior member of the Athlone drugs unit, identified as Garda A, had an improper relationship with an alleged heroin dealer, Ms B. In March 2015, Sergeant Yvonne Martin was appointed to a welfare support role for Keogh, but he never accepted the offer. Keogh claimed the appointment was a form of micro‑management aimed at undermining him because of his whistleblowing. Martin testified that she had not contacted Keogh and that the appointment was intended as extra support during a stressful period. The tribunal found no evidence that Keogh's criticism of Martin was linked to the Maurice McCabe tribunal, and no basis existed to hold that view. Keogh maintained that the appointment was part of a broader effort to undermine him as a whistleblower.

2020-01-21 · Dublin

Basketball club resolves action

St Vincent's Basketball Club in Dublin secured a temporary High Court injunction that halted a 30‑day suspension imposed by the Dublin Men's Basketball Board (DMBB) on its activities and teams, including underage squads. The injunction was granted ex‑parte by Ms Justice Leonie Reynolds. The suspension, which was to begin on 13 January, was linked to the club's registration of several adult players. When the case returned to the High Court, Anthony Thuillier BL for the club said the parties had reached a resolution and the case could be struck out. The judge welcomed the settlement, though no details were disclosed. The club claimed the suspension was "draconian," breached fair procedures and Basketball Ireland's rules, and would harm its 100 players across 11 teams. The suspension has been lifted pending the outcome of an appeal against the DMBB's decision.

2020-01-20 · Meath

First insolvency arrangement involving "debt for equity" swap is agreed

The High Court approved a Personal Insolvency Arrangement for Neal Sweeney of Liscarton House, Navan, who owes over €2 million. The arrangement is the first approved by the High Court to involve a debt‑for‑equity swap. Sweeney's main secured creditor, Promontoria Scarriff DAC, accepted a 41 % share in his family home, valued at €600 000, in exchange for the debt. Other creditors include Promontoria Finn Ltd and Cabot Finance Ireland Ltd. The debt arose from arrears on the mortgage of the family home and residual debt from a previously sold property. Sweeney, who now works in the building sector, will continue to repay the €350 000 mortgage. The decision was made by Mr Justice Denis McDonald and was not contested by the creditors. The case is part of a broader trend of debt‑for‑equity swaps pending before the High Court.

2020-01-20 · Clare

Man has almost €60m in debt written down as court approves PIA

The High Court approved a Personal Insolvency Arrangement for Enda Patrick Whelan of Ennis, allowing him to write down almost all of his €60 million debt. The arrangement covers debts to National Asset Loan Management (about €56.4 million), Bank of Scotland (€1.46 million), Cabot Asset Purchases Ireland (€1.44 million), and Everyday Finance Ltd (€905,000). Under the PIA, Whelan will pay approximately €50,000 to creditors over the next 12 weeks. The court noted that the creditors will receive a very small amount—ranging from 1.3 cents to 0.01 cent per euro—rather than nothing if he were declared bankrupt. Whelan and his family will keep their three‑bedroom home, continue mortgage repayments, and the judgments against him will be deregistered upon successful completion of the PIA. The arrangement was approved after Nama consented following alterations to the terms. The judge was satisfied that the PIA should be approved.

2020-01-20 · Cork

"Maybe I was wrong in a way": Romanian man sexually assaulted woman in laneway

In January 2020, a court case in Cork involved Las Vegas Balan, a 25‑year‑old Romanian national who had been sleeping rough on the streets. He was charged with sexually assaulting a woman in a laneway in May 2018. The victim, who was extremely drunk and walking barefoot around the city, was found by Gardaí in an incoherent state after Balan pushed her against a wall, groped her, and pulled her behind a van. CCTV footage showed the woman struggling to remain upright and later moving voluntarily behind the van. Balan admitted the victim was very intoxicated but claimed the encounter was consensual. He pleaded guilty, and Mr Justice Micheal White imposed a five‑year prison term, backdated to May 2018, noting the victim was "absolutely incapable" of giving consent and that Balan had taken advantage of her situation. The judge also considered the victim's prior mental health difficulties and the impact of the offence.

2020-01-20 · Limerick

Limerick FC's action against FAI is settled

Limerick FC's High Court action against the Football Association of Ireland (FAI) was settled and struck out by Mr Justice Leoine Reynolds. The club had sued the FAI over an alleged failure to invite it to apply for a licence to play in the League of Ireland First Division in 2020, claiming this exclusion violated the FAI's own rules. Limerick also objected to the FAI allowing Shamrock Rovers B to enter the division, arguing the decision was made by the wrong body. After negotiations, the parties reached a confidential settlement, allowing Limerick to apply for a First Division licence. The court noted the settlement was agreed by the FAI's representatives, and Limerick's chairman expressed relief at regaining the ability to focus on the club's future. The case was formally dismissed following the settlement.

2020-01-17 · Meath

"The money was just resting in my account": fund barrister quips on €28k gift

The High Court will decide in five to six weeks whether to approve a personal insolvency arrangement (PIA) for musician Frank McNamara and barrister Theresa Lowe, who owe €3.7 million. Judge Denis McDonald had previously said he would not proceed until an affidavit clarifying Mr McNamara's inheritance was filed. Financial fund Tanager DAC, owed €2.26 million and secured against the couple's €550 000 home, objects to the PIA and raises a potential €4 000 tax liability linked to a €28 000 gift that was moved from Mrs Lowe's account to Mr McNamara's and then distributed to their four children. The couple's counsel argues all issues have been addressed and that the tax claim should not block the PIA.

2020-01-17 · Limerick

"Progress made" in discussions between Limerick FC and FAI

In a High Court hearing on 17 January 2020, Limerick Football Club (LFC) continued to pursue legal action against the Football Association of Ireland (FAI) over its alleged exclusion from the League of Ireland First Division. LFC, represented by Frank Callanan SC, argued that the FAI is required by its own rules to invite the club to apply for a licence, but has refused to do so, effectively barring LFC from competing in the 2020 season. The club also contended that the FAI allowed Shamrock Rovers B to enter the division, a move opposed by other clubs. LFC sought injunctions to compel the FAI to permit licence applications, prevent exclusion, and protect club assets, including its underage academy. The judge, acknowledging progress in negotiations, adjourned the matter to Monday's sitting to facilitate ongoing discussions.

2020-01-16 · Limerick

Talks ongoing between Limerick FC and FAI

In a High Court hearing on 16 January 2020, Limerick FC's legal action against the Football Association of Ireland (FAI) over its exclusion from the League of Ireland First Division was discussed. The club, represented by Murray Johnson SC, claimed that the FAI had failed to invite it to submit a licence application for the 2020 season, thereby excluding it from competition. Limerick also alleged that the FAI had allowed Shamrock Rovers B to enter the division, a move opposed by other clubs. The club sought injunctions to compel the FAI to permit its licence application, prevent its exclusion, and protect its assets, including its underage academy. The FAI, represented by Andrew Fitzpatrick SC, argued it had not declined to allow an application and that Limerick had not supplied required information before deadlines. The judge adjourned the case to Friday morning to allow the parties to negotiate a resolution. The proceedings remain ongoing.

2020-01-15 · Dublin

Basketball club goes to court over suspension

St Vincent's Basketball Club in Dublin sought a High Court injunction to halt a 30‑day suspension imposed by the Dublin Men's Basketball Board (DMBB) on all of its teams, including under‑age squads. The club argued the suspension, which began on 13 January, was "draconian" and imposed in breach of fair procedures, noting it had only been notified of the DMBB's decision on 8 January. Counsel claimed the DMBB's factual basis was inaccurate, the decision breached Basketball Ireland's rules, and that the suspension should not take effect until an appeal was decided. The injunction, granted ex‑parte by Ms Justice Leonie Reynolds, prevented the DMBB from enforcing the ban and was deemed urgent due to the potential impact on the club's 11 teams and 100 players. The case was set for a hearing next week.

2020-01-13 · Limerick

Limerick FC sues FAI over exclusion from league

Limerick FC, represented by Frank Callanan SC, has launched High Court proceedings against the Football Association of Ireland (FAI) regarding its alleged exclusion from the 2020 League of Ireland First Division. The club claims the FAI failed to invite it to submit a licence application, a breach of FAI rules, and alleges the FAI wrongfully allowed Shamrock Rovers' second team to enter the division via the National League Executive Committee rather than the Club Licensing Bodies. Limerick seeks injunctions to permit its licence application, prevent its exclusion, and restrain the FAI from allocating club assets or licensing third parties. The FAI responded that Limerick failed to provide required information before deadlines, denying any refusal to allow an application. In a sworn statement, chairman Pat O'Sullivan alleged FAI demands, including investor meetings and business plans, were illegitimate and breached UEFA rules. He noted the club's failed examinership and stated that no liquidation steps have been taken. On an ex-parte basis, Ms Justice Leonie Reynolds granted permission to serve short notice on the FAI. Noting the urgency, she made the matter returnable to Thursday's sitting. The judge also agreed that Shamrock Rovers FC should be formally made aware of the proceedings. The matter was adjourned.

2020-01-13 · Louth

FF TD denies defaming Mary Lou McDonald in tweet

In a 2020 High Court case, Fianna Fáil TD Declan Breathnach denied defaming Sinn Féin President Mary Lou McDonald over a 2018 tweet. McDonald, represented by Tom Hogan SC, alleged that Breathnach's reply to a tweet supporting former Garda Maurice McCabe implied her sympathy was disingenuous and that she condoned murders by dissident republicans. She seeks damages, aggravated damages, and an injunction against further similar statements. Breathnach, represented by Darren Lehane BL, calls the claim misconceived. A pretrial motion was adjourned to a later date this month.

2019-12-18 · Dublin

Civil liberties council wants to be joined to action over greyhound protests

The Irish Council of Civil Liberties (ICCL) seeks to join a High Court case as an amicus curiae, arguing that the dispute over greyhound protests raises key freedom of speech and assembly issues. The case involves Shelbourne Park Greyhound Stadium Ltd, which obtained a temporary injunction preventing protesters from operating within 50 metres of the track entrance and barring six named individuals and anyone aware of the order from obstructing access. The ICCL, represented by Marc Murphy BL, contends that the injunction infringes on civil liberties. Defendants, including Laura Broxson, Tawnie Ocampo, Catherine Wood, Bernie Wright, Conor Brady, and Noiren Carrigg, claim their protests are peaceful and seek the injunction lifted. Lawyers for the defendants argue that the track operators now accept the defendants had no role in leaflets that urged residents to shut down the stadium, and therefore the injunction should not continue.

2019-12-17 · Cork

Nursing home challenges fire safety findings

In a High Court judicial review, JCP Powdermill Care Centre Ltd, a nursing home in Ballincollig, challenges a Health Information and Quality Authority (HIQA) report that criticised its fire‑safety procedures. The centre argues the report, published on 1 October, was based on an unannounced inspection in late May 2019 and that it was not properly notified of the allegations or given a chance to respond. It claims HIQA failed to follow fair procedures, did not allow the centre to make representations or to call witnesses, and did not provide reasons for its findings or reference the relevant regulatory framework. The centre seeks an order quashing the report and an injunction to remove it from HIQA's website, citing negative business impact and difficulties in raising finance. The court, after an ex‑parte decision by Mr Justice Charles Meenan, has set a February hearing date.

2019-12-17 · Dublin

UL graduate brings challenge over Seanad elections

Tomas Heneghan, a University of Limerick graduate, has filed a High Court judicial review challenging the Department of Housing, Planning and Local Government's refusal to register him as an elector for Seanad Eireann elections. He argues that the panels reserved for graduates of the National University of Ireland and Trinity College Dublin do not include his university, and that he is ineligible for the vocational panel because he is not an elected local authority member, a member of Dáil Éireann, or a former Seanad member. Heneghan claims the 9 October refusal infringes his right to freely express convictions and opinions through the electoral process and alleges discrimination based on the location of his tertiary education and his employment.

2019-12-17 · Ireland

"An ephemeral angel": victim impact statement of Geraldine Kriegel

The article is a heartfelt victim impact statement by Geraldine Kriegel, detailing the profound loss of her adopted daughter Ana. Kriegel recounts the joy of adopting Ana in 2006, describing her as a vibrant, loving child who brought immense happiness to the family. She narrates the tragic events of May 2018, when Ana disappeared on 14 May and was found dead three days later, describing the horror and pain of the discovery. Kriegel expresses deep grief, describing Ana's personality, dreams, and the impact of her death on the family, including Ana's younger sisters. She reflects on the emotional devastation, the loss of future plans, and the lasting trauma inflicted on those who loved Ana. The statement emphasizes the family's enduring sorrow and the void left by Ana's untimely death.

2019-12-16 · Dublin

Last property in Gilligan criminal empire cleared for sale at €380k

The High Court has authorised the sale of the last property linked to John Gilligan, a three‑bedroom house at Willsbrook, Lucan, for €380,000. The house had been rented to long‑term tenants after seizure by the Criminal Assets Bureau. Justice Carmel Stewart granted the sale, allowing Gilligan's daughter Tracey to receive 20 % of the net proceeds. REA McDonald estate agents secured a buyer; they argued the €380,000 price reflects fair market value due to required repairs and noise from a nearby road, which had reduced interest over the past three months.

2019-12-12 · Down

Essex migrant deaths: court hears of voice recordings on mobile phones

In a High Court hearing in Dublin, the court considered evidence that recordings on mobile phones found in a refrigerated trailer in Essex, where 39 migrants were later discovered dead, suggested that some of the victims may have been alive after entering UK territorial waters. The case involves Eamon Harrison, 23, who is sought by British authorities on 39 counts of manslaughter, conspiracy to assist unlawful immigration and conspiracy to commit human trafficking under the UK's Modern Slavery Act. Harrison, a dual Irish‑British citizen, allegedly transported the trailer from a Belgian port to the Port of Purfleet, Essex, where it was collected by Maurice Robinson, 25. Harrison was arrested in Ireland under a European Arrest Warrant and is contesting extradition in the Irish High Court.

2019-12-12 · Down

Warrant for alleged driver of migrant death trailer "fundamentally defective", court told

In a High Court hearing, lawyers for Eamon Harrison, a 22‑year‑old from Mayobridge, Co Down, challenged the validity of a UK extradition warrant that seeks to bring him to face 39 counts of manslaughter, conspiracy to assist unlawful immigration and conspiracy to commit human trafficking under the UK's Modern Slavery Act. Harrison is alleged to have delivered a refrigerated trailer containing 39 migrant bodies from a Belgian port to the UK. The warrant, which refers to him as a British citizen, is said by counsel Siobhán Stack SC to be fundamentally defective due to an extreme lack of information and the fact that the required details were supplied by the Crown Prosecution Service rather than the issuing judicial authority, Chelmsford Magistrate's Court. The High Court, presided over by Mr Justice Donald Binchy, has requested further information from UK authorities and may require a new warrant before proceeding. The case is ongoing.

2019-12-11 · Kerry

Judge dismisses Ryanair's bid to include additional evidence in action

In a High Court hearing on 11 December 2019, Mr Justice Senan Allen dismissed Ryanair's bid to introduce forensic evidence alleging that former Chief Operations Officer Peter Bellew had downloaded company data onto personal devices. The judge ruled the evidence was irrelevant to the court's question of whether a 12‑month non‑compete clause in Bellew's contract was enforceable. He also found an incident on 27 November, where Bellew allegedly removed a confidential document, irrelevant. Bellew denies wrongdoing and claims the document was taken by mistake. Ryanair's counsel sought to curtail the airline, arguing the evidence would delay the case. The judge's ruling came on the sixth day of the action, and Ryanair accepted that the proposed evidence would not be used. Bellew's defence maintains the clause is unenforceable. The case continues with Bellew's evidence to be presented on Thursday.

2019-12-09 · Meath

Judge wants clarification on Frank McNamara inheritance ahead of €2.9m insolvency arrangement

In a High Court case, Mr Justice Denis McDonald has asked for further clarification on Frank McNamara's inheritance before deciding on a €2.9 million Personal Insolvency Arrangement (PIA) for him and his wife, barrister Theresa Lowe. The judge wants a letter from the solicitors handling the estate of McNamara's late father to confirm that the estate is not seeking money from the rental income McNamara received for a property inherited a decade ago. The PIA would allow the couple to write off about €2.9 million of debt and keep their family home in Dunshaughlin, Co. Meath, valued at €550,000. The court adjourned the matter for a week to obtain the requested letter. The dispute involves Tanager DAC, which is owed €2.26 million, and other creditors such as the Bank of Ireland and the Revenue Commissioners.

2019-12-05 · Kerry

O'Leary denies creating "culture of fear" at Ryanair

Ryanair CEO Michael O'Leary denied creating a "culture of fear" among pilots during cross-examination in the High Court, where the airline is suing former Chief Operations Officer Peter Bellew. The hearing before Mr Justice Senan Allen concerns Ryanair's claim that Mr Bellew breached a 12-month non-compete clause by joining easyJet. Mr O'Leary rejected allegations of verbal abuse and a violent confrontation with a former employee, though he admitted using bad language. He also denied firing a German crew after a 2018 fatigue incident, stating the account was "completely untrue" and that Mr Bellew was not involved in such safety matters. Mr O'Leary accepted he warned Mr Bellew his job was at risk following a 2019 performance review but denied the executive was "a dead man walking." Ryanair seeks an order for specific performance of the contract and an injunction against Mr Bellew, of Killarney, Co Kerry. Mr Bellew denies any breach of contract and argues the clause is unenforceable. The matter is currently at the hearing stage and continues.

2019-12-05 · Westmeath

Desk duty not designed to humiliate "whistleblower", senior garda says

In a Disclosures Tribunal hearing, Chief Superintendent Patrick Murray denied that assigning Garda Nicholas Keogh to the public desk was intended to humiliate or target him after Keogh's protected disclosure in 2014. The tribunal, chaired by Judge Sean Ryan, examined whether Keogh was harassed or undermined following his disclosure of an alleged improper relationship between a senior Athlone drugs unit officer (Garda A) and a suspected heroin dealer (Ms B). Keogh alleged that his work was micro‑managed and that the public desk was the most stressful role, especially given his work‑related stress. He left on sick leave in December 2015. Murray argued the desk was not difficult and that Keogh had no protest. Evidence from Sergeant Andrew Haran described the public desk as the busiest, "booby prize" role, but Murray maintained the assignment was not intended to target Keogh.

2019-12-04 · Westmeath

Chief Superintendent denies "humiliating" garda "whistleblower"

In December 2019, a Garda chief superintendent denied allegations that he targeted and humiliated a whistleblower, Garda Nicholas Keogh, after Keogh made a protected disclosure in May 2014. The disclosure alleged that a senior member of the Athlone drugs unit, identified as Garda A, was in an improper relationship with an alleged heroin dealer, Ms B. Keogh has complained of targeting and harassment by Chief Superintendent Patrick Murray, claiming his work was micro‑managed by three sergeants under Murray's direction. Murray denies these claims, stating he had no issue with Keogh and that any concerns about Keogh's alcohol problem were based on medical facts and welfare support. Murray also denies suggesting a transfer for Keogh and says any assignment of a sergeant to review Keogh's records was to ensure case integrity, not humiliation. The Disclosures Tribunal, chaired by Judge Sean Ryan, is investigating the matter.

2019-12-03 · Kerry

Michael O'Leary takes to stand in Ryanair contract case

In a High Court hearing on 3 December 2019, Ryanair's chief operations officer Peter Bellew faced a claim from the airline that his employment contract contained a 12‑month non‑compete clause preventing him from working for a rival after leaving. Bellew, who had agreed to become chief operating officer at EasyJet, denied breaching the contract and argued the clause was unenforceable because he was not included in Ryanair's share‑option scheme, which he said was a precondition for the clause. Ryanair's CEO Michael O'Leary testified that senior managers, known as "Zs", are bound by such clauses, receive share options, and have access to commercially sensitive information. O'Leary also highlighted Bellew's role in flight operations, engineering, and pilot training, and his salary of €550,000 plus a potential €500,000 bonus. The case, heard before Mr Justice Senan Allen, seeks an injunction to enforce the non‑compete and prevent Bellew from acting contrary to the post‑termination restrictions.

2019-12-02 · Westmeath

Senior garda denies taking "hostile approach" to "whistleblower"

In a Disclosures Tribunal hearing, Chief Superintendent Patrick Murray denied taking a sceptical or hostile approach toward Garda Nicholas Keogh, who made a protected disclosure in 2014. The tribunal, chaired by Judge Sean Ryan, examined whether Keogh was targeted, harassed, undermined, or bullied after his disclosure on May 8 2014. Murray, who became superintendent at Athlone Garda Station in March 2015, claimed he had no prior knowledge of station problems and had never met Keogh before their first meeting on March 26 2015. He stated he had no opinion about Keogh and that he had not formed any view regarding Keogh's conduct. Murray explained that he had been aware of Keogh's alcohol problem and work‑related stress, but he said he had not judged Keogh's work or welfare. He also noted that he had introduced new procedures in the district and had referred Keogh to a chief medical officer and a welfare sergeant.

2019-12-02 · Dublin

Fund fails in bid for €1.5m summary judgement against father and daughter

In a High Court decision on 2 December 2019, Mr Justice Tony O'Connor ruled that a father and daughter, Patrick O'Reilly and Breda O'Reilly, have arguable defences to a financial fund's demand for a €1.5 million judgment. The fund, Promontoria Aran Ltd, had sought summary judgment over a loan from Ulster Bank that secured an apartment in Herbert Park, Dublin. The fund claimed the defendants failed to repay the loan and sought an order to sell the apartment. Breda O'Reilly, who left Ireland in 1994 and lives in the United States, denied ever applying for a mortgage or banking with Ulster Bank and said she was unaware of her ownership until 2017. Patrick O'Reilly admitted ownership and claimed the debt had been repaid, also arguing the claim was time‑barred.

2019-12-02 · Waterford

Dispute over asthma treatment patents comes before commercial court

A dispute over patents for asthma and COPD treatments has been brought before the Commercial Court by Teva Pharmaceuticals Ireland, trading as Norton (Waterford) Limited, against Italian company Chiesi Farmaceutici SPA. Teva alleges that three patents, granted in 2007 and 2008 and set to expire in 2027 and 2028, are invalid due to lack of novelty, an obvious inventive step and insufficient disclosure. The case was admitted to the fast‑track list by Mr Justice David Barniville on the consent of Chiesi, represented by Michael Howard SC, and is scheduled for an April hearing.

2019-11-29 · Wicklow

Planned "Vikings" sequel does not breach legal undertakings, producers say

Two Irish film producers, Morgan O'Sullivan and James Flynn, deny that their plans to produce a sequel to the Vikings TV series breach any legal undertakings they previously gave to the High Court. The German company W2 Filmproduktion Vertriebs GmbH seeks an injunction against the producers, alleging that they have diverted €40 million from Octagon Films Ltd, a company in which all parties are shareholders. The producers, represented by Bernard Dunleavy SC and Eamon Marray BL, argue that the funds generated by the proposed spin‑off, Vikings Valhalla, should go to Octagon and that they have not diverted any money to themselves or to corporate entities they control. W2 claims the producers are not entitled to profit from the Vikings series without Octagon's permission and seeks damages for alleged breach of duty, fraud and conspiracy.

2019-11-29 · Longford

Beef protest injunction lifted

The High Court has struck out injunctions that were secured in September against two men accused of blockading and intimidating workers at a pet food manufacturing plant in Edgeworthstown, Co Longford. C&D Pet Foods, part of the ABP Food Group, had obtained the orders against Cllr Paraic Brady of Drumlish and Colm Leonard of Aughanoran, both Co Longford, following protests by farmers objecting to beef prices. The injunctions prohibited the defendants and those aware of them from trespassing, blockading the plant, or intimidating staff and visitors. At the High Court on Friday, Ms Justice Leonie Reynolds agreed to strike out the proceedings on a consent basis, with no order made as to legal costs. The company had claimed the blockade obstructed its entrance for several days and threatened over 500 local jobs, causing approximately €400,000 in losses.

2019-11-28 · Wicklow

Planned Vikings series Valhalla may be subject of injunction proceedings

In a High Court hearing on 28 November 2019, Berlin‑based W2 Filmproduktion Vertriebs GmbH sought an injunction against Irish film producers Morgan O'Sullivan and James Flynn over plans to produce a sequel to the TV series 'Vikings'. W2 alleges that the producers diverted about €40 million from Octagon Films Ltd, a company in which all parties are shareholders, and that the funds from the proposed 'Vikings Valhalla' series should be paid to Octagon. The producers deny any diversion of funds to themselves or to corporate entities they control. The case, which began in 2016, was returned to Justice Theresa Pilkington after the defendants requested an extension to comply with discovery orders issued in June. The defendants argue the discovery, involving over 500,000 documents and estimated at €900,000, is voluminous and should be completed by December 2020.