Court archive

Stage Hearing Or Decision court reports

2019-11-28 · Ireland

Ryanair's action against senior exec to go ahead next week

Ryanair's High Court action against its former Chief Operations Officer Peter Bellew is set to commence next Tuesday before Mr Justice Senan Allen. The case, originally scheduled earlier in the month, was adjourned due to a lack of a judge. Ms Justice Leonie Reynolds, who assigned the case to Mr Allen, instructed that all documents be furnished to him before the hearing and that the matter be concluded by Friday, hoping for a decision before the Christmas break. Ryanair alleges that Bellew's contract contains a 12‑month non‑compete clause preventing him from working for a rival airline after leaving the company, a claim he denies. Bellew, represented by John Rogers SC and Tom Mallon BL, counters that the clause does not apply. The case was initiated in August and both parties have agreed to an expedited hearing.

2019-11-27 · Louth

Lender brings actions over alleged illegal reoccupation of houses

In November 2019, Start Mortgages DAC filed two separate High Court actions seeking injunctions over alleged illegal reoccupation of two houses it had repossessed. In the first case, the lender sought orders against Joseph and Esther Carragher at a property on Doolargy Avenue, Dundalk. Start claimed it had taken possession in late September after the couple defaulted on an €80,000 loan in 2006, with €89,000 still owed. The Carraghers had moved out but returned in early October, and a letter signed by them indicated no intention to leave peacefully. Start alleged that steel panels were removed and its agents were attacked, including a sledgehammer incident damaging a firm van. Justice Leonie Reynolds granted Start permission to serve injunctions, seeking orders to stop trespassing, vacate the premises, and prevent interference with possession.

2019-11-27 · Dublin

Gym operator secures injunction against landlord

In a High Court case, Karl Bennett, operator of the Underdog Boxing gym in Dublin, obtained a temporary injunction against his landlord, KC Capital Property Group Ltd. The injunction requires the landlord to allow Bennett back into the gym and to stop any further attempts to repossess the premises. Bennett claims the premises were forcibly re-entered by seven men who overpowered a single security guard around 7 am on the previous Sunday, and that the landlord had changed the locks. He argues the repossession was unlawful, citing contested forfeiture notices related to unpaid service charges and fire‑safety and planning issues. Bennett, who signed a 20‑year lease in 2014, has been unable to access the gym, which employs seven staff and serves over 500 members. The court granted the injunction ex‑parte, expressing concern over the circumstances and potential impact on Bennett's reputation, and set a return hearing for the following week.

2019-11-26 · Westmeath

Senior garda tells tribunal she was concerned for welfare of whistleblower

In a hearing before the Disclosures Tribunal, Superintendent Noreen McBrien testified that she was concerned for the welfare of Garda Nicholas Keogh after he made a protected disclosure in 2014. McBrien, who had been the District Officer at Athlone Garda Station in 2014, recalled that Keogh had been treated for alcoholism but that this had not affected his work. She said she had a good relationship with Keogh and that she was surprised when she learned he was a whistleblower. McBrien explained that she had no prior experience with protected disclosures and that she had tried to support Keogh's welfare. She also noted that Keogh had raised concerns about whether a senior officer, identified as Garda A, should have access to a weapon during an investigation. The tribunal is still hearing evidence on whether Keogh was targeted or harassed after his disclosure.

2019-11-26 · Westmeath

Witness told it was "waste of time" to complain to gardai about alleged drug dealer, tribunal hears

In a hearing before the Disclosures Tribunal, a civilian witness, Ms. O'Neill, testified that Gardaí approached her after she had made allegations of police collusion involving Garda Nicholas Keogh, a whistleblower who had disclosed alleged misconduct in 2014. Ms. O'Neill, who lived on the same Athlone estate as the alleged heroin dealer Ms. B, claimed that she was told by Garda Keogh to name names and that she had been advised to include Ms. B in her statement. Both Keogh and O'Neill denied that Keogh had instructed her to do so. O'Neill also recounted that two Gardaí, Tom Higgins and Detective Sergeant Eamon Curley, visited her estate two days after her station visit, asking about Keogh and whether she feared giving a statement. She said they were not interested in the dispute itself but only in Keogh.

2019-11-21 · Louth

Man resolves action against Department over breach of private data

In a High Court case, Daniel Lannon (49) sought damages and declarations from the Minister for Social Protection after a former department official passed his personal data to a private detective hired by solicitors for AIB bank. Lannon claimed the data breach occurred on 22 August 2014 when Ms Caitriona Bracken accessed his address at Colpe View, Drogheda, and supplied it to investigator Michael Ryan, who was also her brother‑in‑law. Ryan was employed by a solicitor's firm representing AIB, which used the address to serve legal proceedings on Lannon. Lannon had not provided the Drogheda address to the bank, using instead a property he owned in Malahide. After AIB sent correspondence to the Drogheda address in 2015, Lannon complained to the Data Protection Commissioner. The DPC prosecuted Ryan and his company, Glen Collection Investments Limited, who admitted breaches and were fined €7,500.

2019-11-20 · Louth

Department officials deny release of personal data was "common practice"

In a 2019 civil action, Daniel Lannon, aged 49, sued the Department of Social Protection for a 2014 breach of his privacy, alleging that his personal data was unlawfully passed to a private investigator. The department, represented by Conor Power SC and Nick Reilly BL, denied that such data sharing was common practice, stating that it takes data‑protection breaches seriously and has implemented staff training and monitoring since 2014. It admitted that a former official, Ms Caitriona Bracken, had provided Lannon's data to a private investigator, Mr Michael Ryan, who was hired by a solicitor's firm for AIB. The department also acknowledged that four employees, including Bracken, had been dismissed for passing data to third parties, and that between 20 and 30 staff had been disciplined for non‑business data access. The court heard that the department had taken steps such as random checks and a database of private investigators' phone numbers to prevent further breaches.

2019-11-18 · Wicklow

Traveller families challenge decision to drop houses from accommodation plan

Three Traveller families from Ballinteskin Halting Site in County Wicklow have lodged a legal challenge at the High Court after the council removed three houses from its Traveller Accommodation Programme. The families, represented by Eamon Galligan SC and Proinsias O Maolchalain BL, argue that the council had previously agreed to build the houses on a nearby vacant site under the 2014‑2019 programme, and that the 2019‑2024 programme's exclusion of the proposal was unlawful and made without notice. They claim the decision breaches a 1996 agreement, a 2018 ministerial circular, and their legitimate expectations, and that it was made in breach of fair procedures. The families seek orders to quash the exclusion, declarations of invalidity and breach of procedure, and a declaration that the decision contravenes the 2018 circular. Judge Charles Meenan granted the families permission to proceed, with the case to be heard in January.

2019-11-18 · Ireland

Adjournment in Ryanair's case against senior exec

Ryanair's High Court action against its Chief Operations Officer Peter Bellew has been postponed. The case, scheduled for a Tuesday hearing, was briefly discussed by Ms Justice Leonie Reynolds on Monday, who was informed of an issue preventing the hearing as planned. A new date will be set later in the week. The action concerns Bellew's decision to leave Ryanair in December and join Easyjet as chief operating officer. Ryanair alleges a 12‑month non‑compete clause in his contract, which Bellew denies. The case began in August and parties have agreed to an expedited hearing.

2019-11-14 · Westmeath

Chief superintendent denies "whistleblower" became focus for gardai

In a 2019 hearing before the Disclosures Tribunal, Chief Superintendent Mark Curran denied that Garda whistleblower Nicholas Keogh became the focus of investigations simply because he made a protected disclosure. The tribunal, chaired by Judge Sean Ryan, examined whether Keogh was targeted, harassed or bullied after he alleged Garda collusion in the drugs trade on 8 May 2014. Curran explained that the investigation began with a report written by Garda Aidan Lyons, which was later read by Curran. The report described an alleged interaction between Keogh and a man who claimed Keogh had encouraged complaints against Gardaí. Curran stated that the inquiry was directed at the named man and Keogh, not at other Gardaí, and that Keogh had denied any wrongdoing. He maintained that the focus on Keogh was a result of the allegations made in the report, not of Keogh's whistleblowing.

2019-11-14 · Ireland

Ryanair's action against senior exec to be heard next week

Ryanair has brought a High Court action against its former Chief Operations Officer Peter Bellew, who left the airline in December to become chief operating officer of rival Easyjet. The case, which began in August, alleges that Bellew's contract contains a 12‑month non‑compete clause that bars him from working for a competitor after his employment ends. Bellew denies the claim, citing his prior senior positions, including as Malaysian Airline's chief executive and Ryanair's director of flight operations. Both parties have agreed to an expedited hearing, which is scheduled for next week and is expected to last several days. Ryanair also filed a pre‑trial motion for interrogatories, which the judge declined to hear separately and instead directed to be considered alongside the main hearing. The court has adjourned the motion and will address the case in the upcoming session.

2019-11-13 · Ireland

Home Care franchisee secures injunction

Clemac Home Care Services, holder of a master franchise agreement for domiciliary home care across Ireland, obtained a temporary High Court injunction preventing Bluebird Care Franchises Ltd. from terminating the agreement. Bluebird claimed it intended to end the contract due to alleged misconduct by Clemac, allegations Clemac denies as baseless. Clemac argues the termination was prompted after its director, Mr Brian MacGoey, refused to sell his shares to Bluebird's American parent. The injunction bars Bluebird from taking any steps to implement the purported termination of the Master Licence Agreement dated May 2014. The High Court, on ex‑parte, granted the injunction after being satisfied that damages would not be an adequate remedy and that the balance of convenience favored the injunction. The matter is set to return next week.

2019-11-12 · Westmeath

Senior garda engaged in "deliberate and unmitigated" cover-up, "whistleblower" tells tribunal

A garda whistleblower has concluded three weeks of testimony before an ongoing tribunal, maintaining that a former assistant garda commissioner orchestrated a "deliberate and unmitigated" cover-up when investigating his allegations of garda collusion with a heroin dealer. Garda Nicholas Keogh alleged that a senior member of the Athlone drugs unit engaged in an improper relationship with a heroin supplier. The tribunal, chaired by Judge Sean Ryan, is examining whether Gda Keogh faced targeting, harassment, or bullying following his protected disclosure in May 2014. Gda Keogh submitted a complaint to the Justice Minister in 2016, contending that the subsequent investigation was fundamentally flawed. He referenced the Morris Tribunal's exposure of garda misconduct in Donegal during the 1990s as a parallel case. The tribunal continues hearing evidence, with three Athlone gardaí due to testify.

2019-11-11 · Dublin

Clontarf residents bid for "special conservation" designation for proposed housing lands

In a High Court action brought by Clonres CLG, residents of Clontarf seek to have lands at St Paul's, Sybil Hill, Dublin 3 designated as a special area of conservation (SPA). The group argues that the former playing pitches, now a feeding ground for light‑bellied brent geese and black‑tailed godwit, should be protected under the EU Habitats Directive, Birds Directive and the 2011 European Communities (Birds and Natural Habitats) regulations. The case is against the Minister for Arts, Heritage and the Gaeltacht, the Attorney General and Crekav Trading GP Limited, the developer planning a major housing scheme. Crekav, part of the Marlet property group, has applied to have the matter fast‑tracked in the Commercial Court, claiming the residents' action could hinder its development plans and that the lands are worth tens of millions of euros.

2019-11-08 · Galway

Firm secures injunction against blockade allegedly put in place by receiver

Coffey Construction Limited secured a temporary High Court injunction to stop a blockade at its headquarters in Moanbaun, Athenry, Co Galway. The blockade, set up by 15 security guards, two white vans and dogs hired by receiver Mr David O'Connor of BDO, began at 7 am on the previous Tuesday. The guards, who called themselves bailiffs, did not display the required identification or licence numbers under the Private Security Services Act, and the matter was reported to the Private Security Authority. Coffey Construction, which pays €100,000 per year for a valid lease and employs 280 people (88 in Athenry), said the blockade would damage the firm and could drive it to insolvency. The injunction, granted ex‑parte by Mr Justice Tony O'Connor, restrains the receiver and his agents from restricting access to the property. The case will return to court next week.

2019-11-08 · Kildare

Executive ordered to repay monies to liquidated security firm

The High Court has ordered James Farrell, chief operations officer of a liquidated security firm, to repay €62,000 to Business Mobile Security Services Ltd. Mr Justice Tony O'Connor ruled on Friday that payments made to Mr Farrell in the weeks before the company entered liquidation last July constituted an unfair preference under the Companies Act 2014 and must be returned forthwith. The liquidator, Joe Walsh, discovered the transfers during investigations into the firm's affairs. Mr Farrell claimed the monies were loans from third parties used to support the company during financial difficulties, but Mr Walsh found insufficient documentary evidence to support this account. The judge was satisfied the payments were invalid. Senaca, the operating subsidiary, was wound up due to cash flow problems. The liquidator has identified a deficit of approximately €1.8 million in the client account, with significant sums owed to the Revenue Commissioners and various clients including charities. A criminal investigation into the company's affairs is also underway.

2019-11-07 · Ireland

High Court action by TDs against Ceann Comhairle to be heard next month

Four opposition TDs – Brid Smith, Richard Boyd Barrett, Gino Kenny and Paul Murphy – have secured permission to bring a judicial review against Ceann Comhairle Seán Ó Fearghail. The challenge concerns the Ceann Comhairle's refusal to allow a motion to be placed on the Dáil order paper that would have enabled a vote on changing standing orders to prevent the Government from blocking opposition bills. The TDs argue that the decision breaches their constitutional rights and seek an order quashing the refusal and declarations that the decision is unlawful. The case was found to be arguable by Mr Justice Garrett Simons, who granted permission to proceed. Mr Justice Charles Meenan has set a hearing for 17 December, with a timetable agreed for pleading exchange. The court will later be informed whether the Attorney General will participate. The TDs' counsel, John Rogers SC, expects the hearing to last two days.

2019-11-06 · Ireland

TDs get permission to challenge Ceann Comhairle's decision in court

Four TDs – Brid Smith, Richard Boyd Barrett, Gino Kenny and Paul Murphy – have obtained permission from the High Court to challenge the Ceann Comhairle's refusal to place a motion on the Dáil order paper. The motion, submitted by Deputy Smith, seeks to prevent the Government from blocking opposition bills by withholding a "money message" that would allow them to proceed through the legislative process. The TDs argue that over 50 opposition bills have been blocked and that the Ceann Comhairle's decision infringes their constitutional rights and the European Convention on Human Rights. Mr Justice Garrett Simons granted permission to bring judicial proceedings, noting the claim was arguable, but declined to issue a temporary injunction or alter the Dáil's order of business. The case will be heard in full on a date to be fixed by the court.

2019-11-05 · Laois

Freddie Thompson removed from prison isolation block

Freddie Thompson, a 39‑year‑old Dublin man serving a life sentence for the 2016 murder of David Douglas, withdrew his High Court challenge against the prison authorities over what he described as an "extremely oppressive" regime in Portlaoise Prison's A4 wing, known as the punishment block. The withdrawal followed his transfer from the isolation block to the mainstream prison population. Thompson had argued that the regime violated his human rights, limiting his contact with other prisoners, denying regular exercise, fresh air and education, and causing mental health problems. He had sought orders to end his isolation and improve access to facilities. The court, after hearing the case, accepted that the transfer had occurred within 24 hours and allowed the action to be struck out. The State was asked to recommend legal aid for counsel, a request the court approved.

2019-11-04 · Cork

Challenge to Cork docklands development plan

In a High Court case, the Save Cork City Community Association CLG challenged Cork City Council's approval of a €6 million road upgrade that would open the city's docklands for further development. The association argued that the council's decision was flawed and breached EU directives on habitats and environmental assessments. It claimed that the council failed to explain how it determined the impact on nearby special conservation areas and that the approval was part of the Lower Lee Flood Relief Scheme, which is still under environmental assessment. The association said the council's approval amounted to "project splitting" and violated public participation rights. The group sought an order quashing the council's decision, declarations that the decision breached EU directives, and that the flood works were integral to the Lower Lee scheme. Permission to proceed was granted ex‑parte by Mr Justice Charles Meenan, with the case set for a January hearing.

2019-11-04 · Ireland

HSE sued over home support for child with complex medical needs

In a High Court case filed on 4 November 2019, a mother sued the Health Service Executive (HSE) to secure a Home Support package for her 9‑year‑old daughter, who is non‑verbal, has severe intellectual disability, violent behaviour and is not toilet trained. The daughter's counsel, Fecihin McDonagh SC, argued that the HSE had received an application in May 2018 but had not yet made a determination. The counsel noted that the local not‑for‑profit foundation that usually provides such packages lacks the authority and resources to approve them for this family. The mother claimed the HSE had not informed the family that the daughter was ineligible, and that the delay had caused significant stress and hardship as the child's condition worsened. The mother seeks an order directing the HSE to consider and determine the application and also seeks damages.

2019-11-01 · Galway

Damages for man whose horse was destroyed by council

In a High Court case, Mr Edward McDonagh was awarded €2,000 in damages after Galway County Council destroyed his stallion, "Chief of Colours," in April 2018. The council had seized the horse on 11 February 2018, claiming it was wandering on Headford Road, and destroyed it on 13 April 2018 after Mr McDonagh refused to pay a €3,000 impounding and veterinary fee. Mr McDonagh contested the council's actions, arguing the fee was unlawful and that the council had acted beyond its statutory powers. The judge ruled that the council's destruction of the horse was unlawful, that the €3,000 demand was impaired by an unlawful €589 administration fee, and that Mr McDonagh was entitled to damages. The court awarded €2,000, noting the horse's value was modest and that the council's actions violated statutory requirements and property rights.

2019-10-31 · Meath

Mortgager gets injunction against Ben Gilroy over alleged threat to arrest employees

Start Mortgages DAC secured a temporary High Court injunction preventing Ben Gilroy, who contested the European Parliament Elections, from arresting, restraining or assaulting any of its current or former officers, agents, lawyers or employees. The injunction also restrains Gilroy from publishing or posting online any information relating to the home addresses or property of any of Start's current or former employees, officers, and lawyers. The orders apply to any other person who has knowledge of the orders, as well as Gilroy. Start obtained the injunction in response to videos posted on social media in which Gilroy alleged that Start is involved in fraud and called for people acting for or working with the fund to be arrested. The High Court granted the injunction on an ex‑parte basis, with the matter returnable to Friday's sitting.

2019-10-30 · Meath

Teacher booked hotel to have sex with her pupil (16)

In a Dublin Circuit Criminal Court hearing, a 23‑year‑old substitute teacher pleaded guilty to two counts of defilement after having sex with a 16‑year‑old pupil. The teacher, who had been working at the school when the boy was in his fifth year of secondary school, met him in an over‑18s nightclub and began communicating via Snapchat. In early 2018, on the boy's 16th birthday, she drove him to Gormanston Beach where they kissed and had sexual intercourse. A month later, she took him to a hotel room she had booked, where they again kissed and had sex. The boy later told his parents he had stayed at a friend's house, and the teacher's contract was terminated after the school discovered her identity. The teacher claimed she believed 16 was the legal age of consent and had no prior convictions. The court adjourned the case for a verdict.

2019-10-29 · Galway

Progress in Claddagh ring dispute, High Court told

The High Court has adjourned proceedings in a long-running family dispute concerning Claddagh Jewellers Ltd. Ms Justice Leonie Reynolds agreed to a one-month adjournment after counsel for applicant Andrew Fried reported that mediation, conducted by retired Judge Paul Gilligan, had resulted in a "resolution in principle." Although progress was noted, several steps remain to finalize the matter. Andrew Fried, of Leac Lian Barna Co, Galway, is an applicant in proceedings against his brother, Philip Fried. Andrew alleges that Philip, in conjunction with their father Laszlo, has interfered with the company's business. He seeks orders prohibiting contact with suppliers, a buyout or sale of shares, and a declaration that Philip's actions are oppressive. These claims are denied. In separate proceedings, Philip Fried claims that Andrew and Claddagh Ring Ltd breached his trademark, asserting he is the sole owner of the "Claddagh Jewellers" mark. He seeks restraining orders. Joint receivers Michael McAteer and Aengus Burns are also parties to the mediation. Additionally, Promontoria (Aran) claims it is owed €16m in separate proceedings involving Laszlo Fried and associated companies, alleging a failure to repay loans originally advanced by Ulster Bank. The court did not make a final determination on the merits, as the matter was adjourned to allow for final resolution.

2019-10-29 · Ireland

Ana Kriegel killer "incredibly remorseful", grandfather tells court

The grandfather of Boy A, convicted of murdering and sexually assaulting Ana Kriegel, testified at the Central Criminal Court that his grandson is "incredibly remorseful" and wishes the tragedy had never happened. He expressed sincere sympathy for the Kriegel family, noting the profound loss of a child and the horrific circumstances of Ana's death. He described Boy A as a loving, caring child who had no history of aggression, who enjoyed practical subjects such as art, science, woodwork and metalwork. The grandfather said he would support his grandson's rehabilitation and development, hoping to maintain a positive involvement in his future. The testimony focused on the grandson's remorse and the grandfather's emotional response, without mentioning any legal outcomes or further proceedings.

2019-10-25 · Dublin

Butcher avoids jail for handling cash stolen from former boss

Jason Mahony, a 35‑year‑old former butcher from Avonbeg, Tallaght, pleaded guilty in the Dublin Circuit Criminal Court to handling stolen property and money laundering in May 2016. He had received €15,861 stolen from a break‑in at McLoughlin's butchers in Ballyfermot and later deposited €9,705 in cash, along with €3,460 in coins, into his bank account. Garda Ronan Coffey presented evidence that Mahony had visited the address of a former partner in Tymonville Lawn, where a rental car was found with a key in Mahony's possession and cash in envelopes bearing the names of the butchers' employees. Mahony's previous convictions for theft were noted, and a Probation Services report indicated a low risk of re‑offending. Judge Patricia Ryan imposed a suspended prison sentence of three years, conditional on Mahony keeping the peace for that period.

2019-10-25 · Dublin

Mother who neglected children went on to drug, theft offences

In a Dublin Circuit Criminal Court hearing on 25 October 2019, a 36‑year‑old woman, whose name is withheld to protect her children, was found to have breached the conditions of a suspended two‑year sentence imposed in January 2017 for wilfully neglecting her six‑year‑old and 13‑month‑old children. The 2017 case involved the older child being discovered wandering a Dublin street in a distressed, cold, wet state, and the younger child found in a buggy in the mother's living room, both in a distressed condition with soiled nappies and clothes. The mother was described as in a "disorientated state" and was dealing with alcohol addiction at the time.

2019-10-24 · Ireland

Woman's bid to re-enter claim against HSE and State is dismissed

In 2000 a woman with long‑standing psychological and psychiatric difficulties filed a High Court judicial review against the HSE, the Ministers for Health and Children, Ireland and the Attorney General, alleging that the HSE had failed to provide an appropriate residential placement for her during her care. The case, which was to be heard in 2002, was struck out in 2006 because the woman's fragile mental state prevented it from proceeding. In 2017 she applied to have the action re‑entered, but Ms Justice Leonie Reynolds refused, finding that the delay between 2002 and 2017 was inordinate and inexcusable. The judge noted that the woman's health problems did not excuse the delay, citing her marriage, childbirth and relationship breakdowns, and that the delay prejudiced the respondents by making it impossible for them to defend the claim. The court therefore dismissed the application to re‑enter the case.

2019-10-23 · Dublin

Burglar threatened to press charges against judo-trained homeowner

In a Dublin Circuit Criminal Court hearing, Joey McKeon, aged 25, pleaded guilty to trespass and attempted theft after being tackled to the ground by homeowner Emmanuel Reynaud, who has two black belts in Judo and Jujitsu. McKeon, who had been standing outside Reynaud's house when dragged in, claimed he was only outside when the incident occurred. Reynaud, a trained martial artist, responded automatically to noises downstairs, placed McKeon against a wall, and pinned him on the ground. McKeon threatened to press charges and told Reynaud he should be deported back to Poland. Reynaud's wife reported fearing a return of the burglar and that their four‑year‑old daughter was still affected. Judge Melanie Greally imposed a three‑year prison sentence on McKeon, noting his drug addiction, mental health concerns, and the traumatic impact on the children. The court heard that McKeon insulted Reynaud for 15 minutes and that Reynaud never applied any dangerous holds.

2019-10-23 · Ireland

Man sues Commissioner after garda notice board image circulated on social media

John Matthew Berry, a non‑criminal with no prior convictions, has sued the Garda Commissioner for defamation and breach of privacy after an image of his name, photograph and address was posted on a Garda notice board in Kilmainham Garda Station. The bulletin, allegedly accessed by a contractor in March 2019, contained a highly defamatory statement that Berry claims damaged his reputation. The contractor supposedly photographed the bulletin and circulated the image via WhatsApp and online. Berry seeks damages for defamation, privacy breach, and alleged violations of the Data Protection Acts and the 2005 Garda Siochana Act. He also intends to sue the unknown photographer. Ms Justice Leonie Reynolds ordered the Commissioner to provide information that could identify the photographer, and the case will return to the High Court later this year.

2019-10-23 · Kildare

Proposed refinery strike suspended

In late October 2019, a planned strike by engineering workers at the Aughinish Alumina refinery was halted after the dispute was referred to the Labour Court. The strike, which had been voted on by workers over pay and allowances, was set to begin later that week. Employers Murphy International Ltd (MIL) had initiated High Court proceedings seeking an injunction to stop the strike, arguing it could shut down the refinery. After out‑of‑court talks between legal teams, the High Court case was struck out. Both parties agreed to suspend the industrial action and refer the matter to the Labour Court, where it is expected to be heard next month. The resolution followed MIL's earlier claim that the union's secret ballot was invalid and that no valid trade dispute existed under the 1990 Industrial Relations Act. The suspension was intended to prevent potential shutdown of refinery operations and protect the interests of MIL, its workers, and the refinery's stakeholders.

2019-10-22 · Laois

"No bad blood": Brian Rattigan gives statement in support of Freddie Thompson

Brian Rattigan, a 39‑year‑old convicted criminal, has sworn a statement supporting Freddie Thompson's High Court challenge against Portlaoise Prison's A‑wing regime. Rattigan says there is "no bad blood" between him and Thompson, that they have good relations, have spoken long conversations, and that their families have met. He argues that housing them together poses no security threat and that Thompson's 18‑month detention in the punishment block is inhumane compared to the general prison population. Rattigan, who has been in and out of prison since 2003 and is due for release in 2021, claims he will not extend his time in prison and wishes to be moved to an open prison or receive intermittent release. Thompson, serving a life sentence for the 2016 murder of David Douglas, alleges that his regime denies him contact, exercise, fresh air and education, and that he is treated differently from other life‑sentence inmates.

2019-10-22 · Dublin

SIPO withdraws referral of Hellfire Club residents group to gardai

The High Court struck out a judicial review action brought by Save the Hellfire Club and Rathfarnham's Massy Woods Residents Association against the Standards in Public Office (SIPO) Commission. The applicants, who oppose South Dublin County Council's €22m interpretive centre plan at the Irish Hellfire Club in the Dublin Mountains, challenged SIPO's May 2023 decision to refer them to the Gardaí. SIPO had alleged a breach of political lobbying laws under the Electoral Act, claiming the group failed to cooperate with requests for donor details. Counsel for the applicants, Cian Ferriter SC and John Kenny BL, informed the court that SIPO agreed to withdraw the referral and pay the applicants' costs. With the consent of all parties, the proceedings were struck out. The applicants had previously argued they had no political affiliations and that opposing a planning application did not constitute a political campaign, asserting SIPO lacked jurisdiction to demand donor information. They maintained their sole purpose was to oppose the commercial development, which they claimed would damage the fragile ecosystem of the former hunting lodge site. The court accepted the resolution, effectively ending the legal challenge without a final determination on the merits of the jurisdictional arguments.

2019-10-21 · Tipperary

Compliance with enforcement notice would see closure of shopping centre, owners say

GL Ireland ICAV, owners of Thurles Shopping Centre, claim that compliance with enforcement notices issued by Tipperary County Council would force the centre to close permanently. The notices, issued after the council's decision to enforce conditions tied to the 2007 planning permission, require the closure of a delivery entrance, landscaping on land the company does not own, removal and repositioning of external windows and doors, and construction of a maintenance building and bicycle park. GL Ireland argues the notices were served outside the time limits set by the 2000 Planning and Development Act and that the council acted irrationally, unreasonably and contrary to law. The company has brought a High Court challenge, seeking to quash the notices and obtain a declaration of the council's unlawful conduct. Justice Seamus Noonan granted permission ex‑parte and placed a stay on further council action pending the case, with a return date set for December.

2019-10-21 · Limerick

Council alleged to have relied on input from competitor in enforcement order

In a High Court case, Centz Retail Holdings, Centz Stores 7 Limited and director Mr Naeem Maniar challenge Limerick City and County Council's enforcement notice issued in August over a planning breach at the 'Homesavers' premises in City East Retail Park. The notice alleges Mr Maniar violated a condition that the unit may only sell bulky household goods. Mr Naeem Maniar's counsel, Neil Steen SC, argues the council relied improperly on input from a competitor with alleged ulterior motives, failed to consider the group's submissions, misinterpreted the condition, and applied it inconsistently across the retail park. The applicants seek to quash the enforcement notice and obtain declarations that the council erred in law, acted contrary to fair procedures and breached natural justice. Permission to proceed was granted ex‑parte by Mr Justice Seamus Noonan, with the matter to return in December.

2019-10-18 · Westmeath

"You wouldn't see that in Police Academy": collusion investigation flawed, garda tells Tribunal

In a Disclosures Tribunal hearing, Garda Nicholas Keogh claimed that a senior member of the Athlone drugs unit, referred to as Garda A, had an improper relationship with a heroin dealer, Ms B, who earned an estimated €2,500 a week. Keogh alleged that after he made a protected disclosure in 2014, the investigation team, including former Assistant Commissioner Donall Ó Cualáin and senior detective Declan Mulcahy, was set up on 9 May 2015. He complained of delays, missing evidence, and inappropriate circumstances for taking statements, noting that Garda A's mobile phone was seized on 13 June 2015 and wiped, suggesting he had been tipped off. Keogh said the phone could have revealed contact between Garda A and Ms B. He also claimed that the investigation team interviewed Gardaí in the station while Garda A was on duty, which he described as "insane" and akin to a comedy film.

2019-10-18 · Limerick

Company seeks injunction stopping refinery strike

In a High Court case on 18 October 2019, Murphy International Ltd (MIL), an engineering services provider to the Aughinish Alumina refinery in County Limerick, sought an injunction to stop a planned strike by the trade union Unite. MIL, which employs about 126 of the refinery's 1,100 workers as civil and mechanical operatives, argued that the strike, which was to begin the following Friday, would force the refinery to cease operations, harming MIL, its employees and the refinery's stakeholders. The company claimed it had been notified by Unite of the intended industrial action, which would include a strike, picketing and labour withdrawal. MIL also challenged the validity of a secret ballot conducted by Unite in September, asserting it was not a proper full and proper secret ballot. The court granted MIL permission to serve short‑notice proceedings on an ex‑parte basis, allowing the case to be returned next week for further hearing.

2019-10-18 · Dublin

Pilot's union seeks order halting Ryanair's damages action

Forsa, the parent union of IALPA, has asked the High Court to halt Ryanair's legal action against the union and several named pilots, including IALPA president Evan Cullen. The airline's claim stems from a planned 48‑hour strike on 22‑23 August that was stopped by an injunction. Ryanair seeks damages for the strike, alleging it caused a €13.7 million loss from reduced bookings and negative publicity. The injunction remains in place while mediation talks continue. Forsa's counsel, Marguerite Bolger SC, obtained an ex‑parte order from Justice John Jordan to stay the proceedings pending mediation, arguing that Ryanair's attempt to fast‑track the case would leave the union in limbo. The matter is set to return to court next Thursday for further consideration.

2019-10-18 · Laois

Bank opposes insolvency arrangement for woman who owes €600k

In a High Court hearing on 18 October 2019, the court considered an application by Ms Rebecca Forde Egan of Ballymorris Portarlington, Co. Laois, for a Personal Insolvency Arrangement (PIA) to address her debts of about €600,000. The proposed PIA would allow approximately €200,000 of that debt to be written off, with Ms Egan agreeing to repay €168,000 to the Bank of Ireland over six years while retaining her interest in the family home. The Bank of Ireland, the secured creditor holding the bulk of the debt, opposed the arrangement, arguing that it would be prejudiced and that Ms Egan's means would not allow the bank to recover the debt. The bank cited past advances to Ms Egan and her husband for property refurbishment and an uncompleted purchase in France, and noted that Mr Egan had been declared bankrupt in 2009 and discharged in 2014.

2019-10-18 · Ireland

Actions over alleged price-rigging by truck makers to be heard next year

Dozens of Irish hauliers have filed damages claims against five major European truck manufacturers—MAN, Volvo Renault, Daimler, Iveco and DAF—alleging that the companies engaged in anti‑competitive practices for 14 years, as found by the European Commission in 2016. The Commission determined that the manufacturers colluded on truck pricing and passed on the costs of emission‑compliance technologies to customers, resulting in fines totalling €2.93 bn, except for MAN which was fined less after revealing the cartel. The Irish claims, represented by Paul McGarry SC and solicitor Evan O'Dwyer, seek damages for breach of Irish and EU competition laws, including exemplary and punitive damages, and compensation under the Competition Act. More than 50 cases have been filed and are expected to increase. Proceedings were stayed pending a European Court of Justice ruling on whether domestic courts can hear such claims.

2019-10-18 · Westmeath

No commendation for helping save drowning woman "sinister", "Whistleblower" says

A Garda has told the Disclosures Tribunal that he was denied a commendation for helping rescue a drowning woman because of his status as a whistleblower. Garda Nicholas Keogh, based in Athlone, alleges that management withheld recognition for his role in pulling a woman from the River Shannon in September 2019, despite receiving an award from Irish Water Safety. The tribunal, chaired by Judge Sean Ryan, is investigating treatment of Gda Keogh following a protected disclosure he made in 2014 concerning an alleged improper relationship between a senior member of the drugs unit and a heroin dealer. Gda Keogh told the tribunal he had previously received commendations for lesser actions and found the omission "sinister". He cited two further incidents where he claimed recognition was withheld. Sergeant Monaghan and Superintendent Patrick Murray disputed aspects of Gda Keogh's account, with Sgt Monaghan characterising the river rescue as a group effort and stating he was unaware of Gda Keogh's involvement in the other incidents. The hearing continues.

2019-10-18 · Dublin

Rugby Coach to stand trial on indecent assault charges at private school

John McClean, 74, former rugby coach and teacher at Terenure College, faces trial for indecent assault on nine males between 1973 and 1989. He was sent forward from the District Court earlier this year. Judge Martin Nolan set a trial date of 2 November 2020, with a pre‑trial hearing on 29 July 2020.

2019-10-17 · Westmeath

"We are not going to allow this whistleblower to win": garda says he was "trapped" in stressful job

A Garda has told the Disclosures Tribunal that he believes he was deliberately confined to stressful desk duties at Athlone Garda Station because he made a protected disclosure in 2014. Garda Nicholas Keogh alleged that a senior member of the drugs unit engaged in an improper relationship with a heroin dealer. Following the suspension of the officer in question, Keogh was assigned to public office duties in October 2015, work he characterised as the most stressful in the station. He stated his hands were visibly shaking during a meeting with Superintendent Patrick Murray about the assignment. Keogh denied agreeing to the move and expressed belief that management deliberately assigned him to public duties to demonstrate control over whistleblowers. He also alleged that his request for leave to meet the Garda Ombudsman in August 2015 was refused improperly by Superintendent Murray. Judge Sean Ryan is chairing the tribunal's investigation into how Keogh was treated following his disclosure.

2019-10-17 · Westmeath

"Whistleblower" withdraws Nóirín O'Sullivan allegation

A Garda whistleblower, Garda Nicholas Keogh, withdrew an allegation that former Commissioner Nóirín O'Sullivan had called Superintendent Pat Murray to advise him to alienate Keogh. Keogh had claimed that after a 2014 protected disclosure, he was told by guards at Athlone station to "pull away from" him. He said he had no direct evidence of the call, only that guards relayed the information. Commissioner O'Sullivan denied the allegation, stating it was "completely untrue and without foundation" and that the call never occurred. Superintendent Murray also denied ever speaking with O'Sullivan and said he would not have suggested alienating Keogh. In May, Keogh mentioned Sergeant Andrew Haran as a possible informant, but Haran rejected the claim. Matthias Kelly SC represented Keogh and informed Judge Ryan that the matter was no longer being pursued. The Disclosures Tribunal, chaired by Judge Sean Ryan, heard these statements during its investigation of Keogh's treatment after his disclosure.

2019-10-15 · Westmeath

"Whistleblower" tells Tribunal that garda management "wanted him out"

The Disclosures Tribunal heard that Garda Nicholas Keogh, the first whistleblower under Commissioner Noirín O'Sullivan, claims Garda management sought to remove him from the force. Keogh made a protected disclosure in May 2014 alleging collusion between Garda Aidan Lyons and a drug dealer, Miss B. In June 2014, Lyons reported that a man had approached him about Keogh, claiming Keogh had been involved in a theft and would support a complaint. Keogh was later called to Superintendent Noreen McBrien's office, where he was told an investigation was underway but no details were given. Keogh said the report was authored by Lyons, who was his partner, and that the allegation was never rigorously followed up. He described the process as vindictive and believed management, including Superintendent Patrick Murray, imposed excessive supervision and targeted him. The tribunal heard Keogh's evidence and the case remains under investigation.

2019-10-14 · Westmeath

"Dogs in street" knew about alleged garda collusion with drug dealers, "whistleblower" says

At the Disclosures Tribunal in Dublin Castle, Garda Nicholas Keogh testified that he had been bullied and harassed by his superiors after making a protected disclosure in May 2014 about alleged collusion between Gardaí and drug dealers in Athlone. Keogh claimed that the "dogs on the street" were aware of the collusion and that a senior member of the drugs unit had been aiding a heroin dealer, Ms B, who had no prior drug convictions. He said he entered the information into the Garda Pulse system to protect himself and to make it available to all Gardaí. Keogh alleged that he was targeted and discredited by his superiors, that he had been investigated by Assistant Commissioner Michael Finn, and that he had taken sick leave in 2015. The Tribunal is examining whether the questioning and investigations amounted to targeting or discrediting Keogh, while an allegation of mobile‑phone tapping was dropped for lack of evidence.

2019-10-14 · Westmeath

Garda claimed drug dealer was "aided and abetted" by senior colleague

In a 2019 Disclosures Tribunal hearing, Garda whistleblower Nicholas Keogh alleged harassment and bullying by Garda management after he made a protected disclosure in 2014 about colleagues in Athlone. Keogh, who served in the drug unit from 2009 to 2011, claimed that a drug‑unit colleague, referred to as Garda A, had aided and abetted a woman named Miss B in heroin trade, with a weekly turnover of about €2,500. He recorded this in a Pulse entry. Keogh also reported that a mother's complaint of assault against Miss B was dismissed, though the mother's daughter gave a separate statement. The tribunal examined 22 matters, including allegations that Commissioner Nóirín O'Sullivan had instructed Keogh's superior to isolate him, and that Keogh faced harassment over car tax, sick leave, back pay, and other workplace issues. The hearing focused on whether these actions constituted targeting or discrediting of Keogh.

2019-10-09 · Dublin

Residents reopen action over Children's Hospital construction

In October 2019 the High Court heard that residents from O'Reilly Avenue, Ceannt Fort and Mount Brown in Dublin 8 had resumed legal action against the National Paediatric Hospital Development Board and BAM Civil Limited, the construction firm for the new €1bn Children's Hospital. The residents claimed that work on the hospital site had damaged their homes and sought an injunction to halt further construction until protective measures were taken. Both defendants opposed the injunction, and the parties had previously settled on undisclosed terms. After negotiations failed to resolve the issues, the residents' lawyers returned to court and were granted permission by Justice Leonie Reynolds to serve short‑notice proceedings on the defendants. John Rogers SC presented engineering reports indicating movement in the houses, arguing that the defendants' concerns had not been adequately addressed. The judge agreed to the injunction and scheduled the case for a Friday hearing.

2019-10-08 · Kildare

Garda investigation continuing into Four Courts fraca

Ms Justice Leonie Reynolds adjourned a defamation action between Rosala Uvbi Mku-Atu and Ester Esabod Aboderin to a date later this month. The plaintiff, a London-based businesswoman, alleged that the defendant, who resides in Leixlip, Co Kildare, breached a previous High Court order by publishing a social media post in mid-August wishing her "a sudden death." Counsel for the defendant contested the alleged breach, noting that Facebook had frozen the client's account, preventing the removal of the post. The defendant also reported an ongoing Garda investigation into an assault she suffered at the Four Courts in July, where she claimed to have sustained cuts and bruises. While the plaintiff's legal team stated their client did not condone the violence, the judge expressed concern over the potential injunction breach. She directed the defendant's lawyers to immediately contact Facebook to unfreeze the account and remove the material. The judge accepted an undertaking from the defendant not to post further material about the plaintiff and warned of the serious consequences of breaching court orders. The matter was adjourned, with the judge thanking Gardaí for their attendance during the hearing.