In a High Court hearing on 8 October 2019, Justice Carmel Stewart ruled that more than €250,000 in four bank accounts linked to Derek O'Driscoll were proceeds of crime and ordered the State to keep the money. The Criminal Assets Bureau seized the accounts in December 2018. Benedict O'Floinn SC, acting for the State, presented evidence that O'Driscoll and his associate David Reilly were involved in drug dealing and extortion, and that they had acted as "enforcers" for protection services at construction sites in Ballyfermot and the wider Dublin area. Building firms, including those contracted by Dublin City Council and Co‑Operative Housing Ireland, had paid €1,500 and €1,200 per week to the pair to stop anti‑social behaviour. O'Driscoll and Reilly denied criminal involvement; their counsel claimed the money was for "fence maintenance".
In a High Court ruling on 7 October 2019, Mr Justice Garrett Simons overturned a Circuit Court decision that had allowed Tanager DAC to repossess the Clontarf home of Ronan Ryan and Pamela Flood. The Circuit Court had granted Tanager possession of the €900,000 property in August, following a consent order made by Mr Ryan in March that allowed a four‑month stay on execution. Mr Ryan had obtained a protective certificate under the Personal Insolvency Act in late June, which prevented Tanager from enforcing the possession order while the insolvency application was pending. The High Court held that the certificate was valid and that the non‑disclosure of the consent order did not amount to a material omission. Consequently, the possession order was set aside, the protective certificate remained in force, and Tanager could not execute the order against the couple's home. The case was adjourned for further consideration next week.
A defamation action brought by London-based Nigerian businesswoman Rosala Uvbi Mku-Atu against Ester Esabod Aboderin was adjourned to October following a violent incident at the Four Courts. Ms Uvbi Mku-Atu alleges that Ms Aboderin, of Leixlip, Co Kildare, published defamatory and threatening social media posts regarding her businesses and reputation. During the hearing before Ms Justice Leonie Reynolds, counsel for the defendant stated that Ms Aboderin had been seriously assaulted by unknown parties outside the court, sustaining cuts and bruises, and that a complaint had been made to the Gardaí. Counsel for the plaintiff, who was not present, stated his client had no knowledge of the individuals involved and did not condone the violence. The judge noted that the Gardaí were investigating the incident and agreed to adjourn the case, with existing interim orders remaining in place until October. These orders, secured previously, require the defendant to remove the alleged comments and prohibit their reporting under Section 33 of the Defamation Act. The court heard that the defendant had removed the comments from platforms under her control, though steps were being taken to address posts on other platforms. The matter was adjourned and not concluded.
Gerard Flannery, a former sales manager for Nutts About Pets Ltd and Speedritedog Food Limited, settled a High Court action against his ex‑employers over posts he claimed were defamatory. In January, Flannery obtained a temporary injunction ordering the companies and owner Basil Thompson to remove online statements about him. The injunction remained while parties negotiated. On Thursday, Flannery's counsel announced the case had been settled on terms and could be struck out. The settlement made the temporary injunction permanent, requiring Nutts About Pets Ltd to delete and not republish posts on its Facebook and website made about Flannery on 7 December 2018, and to refrain from further statements concerning him or his employment. Flannery had claimed he was summarily dismissed on 7 December 2018, and the posts were said to damage his reputation. The settlement was reached after out‑of‑court talks.
In a High Court ruling on 30 July 2019, Ms Justice Leonie Reynolds determined that certain excerpts from documents supplied by the Football Association of Ireland (FAI) and its auditors, Deloitte Ireland LLP, were protected by professional legal privilege and therefore could not be used in the Office of the Director of Corporate Enforcement's (ODCE) investigation. The judge identified 14 passages within 16 documents that contained privileged material, primarily minutes of FAI board and committee meetings from 1 January 2016 to 21 March 2019. These passages related to legal advice received from the FAI's interim CEO, Ms Rea Walshe, and from A&L Goodbody solicitors concerning potential sponsorship agreements, liability issues, internal investigations, appeals to the Court of Arbitration for Sport, licence applications, and litigation strategy. The judge ordered that these privileged passages be redacted so they remain unseen by the ODCE.
The Criminal Assets Bureau (CAB) seeks to sell a fleet of 114 cars, valued at almost €3 million, seized from a Limerick motor dealer in March. The High Court heard that the cars are expensive to store and are losing value, so the State wants to dispose of them quickly. Ms Justice Carmel Stewart adjourned the matter to 15 August to decide whether to allow the sale. She noted that assets such as cars can "rapidly depreciate" and that the maximum value should be realised. If the sale is permitted, the proceeds can be held until the court determines whether the cars were proceeds of crime under the Proceeds of Crime Act. Two respondents were named: Stephen Bawn Motors Ltd trading as Bawn Motors, and Mr Mike Nash.
James Smith, 38, of Huntstown Wood, Dublin, was caught in possession of €76,800 worth of cannabis resin during a covert Garda operation in early 2017. He was observed visiting a property in Ashbourne, Co. Meath, and leaving it with a plastic Tesco bag containing five bars of cannabis resin. Smith claimed he had collected the blocks to pay a €10,000 cocaine debt. At the Dublin Circuit Criminal Court, Judge Martina Baxter sentenced him to five years in prison but suspended the sentence in full, ordering him to keep the peace for five years and attend probation services for two years. The court noted that Smith had additional drugs in the house he visited, with 15 more bars recovered, and that he had multiple prior convictions but none for drug offences. Judge Baxter highlighted Smith's early guilty plea, family focus, rehabilitation efforts, and negative drug tests as mitigating factors, concluding that imprisonment would be unfair and unjust.
Ms Justice Leoine Reynolds granted an interim injunction in the High Court in favour of applicant Rosala Uvbi Mku-Atu against respondent Ester Esabod Aboderin. The applicant, a Nigerian businesswoman residing in London, alleged that the respondent, of Leixlip, Co Kildare, had published threatening and defamatory comments on social media platforms since May. These alleged posts, which reportedly included threats to kill the applicant and calls for others to attack her, were claimed to have reached a significant audience. The respondent was not present in court on the day of the hearing, having informed the court via email that she was out of the country. The judge expressed concern regarding the seriousness of the alleged threats and the respondent's absence. Consequently, the matter was adjourned to the following week. The judge directed the respondent to provide proof of her travel, such as an airline ticket, to the applicant's legal team. The interim order directs the removal of the complained-of material from social media platforms and prohibits the respondent from publishing similar content or engaging in threatening or intimidating behaviour. Additionally, orders were made under Section 33 of the 2009 Defamation Act to prohibit the reporting of the allegedly defamatory comments. The judge emphasised that it was in the respondent's best interests to attend the next hearing.
A dispute between brothers Andrew and Philip Fried, shareholders of Claddagh Jewellers Ltd, was adjourned to October by Ms Justice Leonie Reynolds to facilitate mediation. Andrew Fried, of Leac Lian, Barna, Co Galway, claims Philip and their father, Laszlo Fried, have interfered with the company's business and suppliers. He seeks orders prohibiting contact with suppliers, a buyout of his stake, and a declaration that Philip's actions are oppressive. These claims are denied. In separate proceedings, Philip Fried, of Thornberry, Barna, claims he is the sole owner of the "Claddagh Jewellers" trademark and seeks to restrain Andrew and Claddagh Ring Ltd from infringing it. Additionally, joint receivers Michael McAteer and Aengus Burns, appointed over the company's Galway premises, sought permission to obtain case papers. Counsel Marcus Dowling BL stated this arose from media reports and concerns regarding unpaid rent. The receivers are involved in proceedings against Laszlo Fried and related companies, where Promontoria (Aran) claims €16m is owed for unpaid loans. Judge Reynolds granted permission for the receivers' application and adjourned that matter to the following week. Previous undertakings remain in place.
Leendert Stolk, 50, a Dutch national living in England, pleaded guilty in Dublin Circuit Criminal Court to fraudulently claiming €226,701.08 in social welfare benefits between June 2011 and June 2018. He falsely submitted claims for Jobseeker's Allowance, Rent Allowance, Back to Work Allowance and Back to School Allowance while residing outside Ireland, regularly returning every two weeks to claim payments. The court noted he had been entitled to Jobseeker's Allowance while in Ireland but never to Rent Allowance. Stolk had no prior convictions and was diagnosed with Obsessive‑Compulsive Disorder. He and his family offered €2,500 in compensation. Judge Patricia Ryan imposed a headline sentence of eight years, reduced to four years after considering his guilty plea, remorse, illness and lack of wealth. The sentence is a four‑year prison term.
In a hearing on 26 July 2019, Mr Justice Michael White extended an injunction that requires Facebook and Twitter to remove any photographs or other material that could identify the two fourteen‑year‑old boys convicted of murdering Anastasia Kriegel. The order, originally imposed on 20 June, will remain in force until after the boys' sentencing on 22 November. Brendan Grehan SC, speaking for the Director of Public Prosecutions, noted that the sentence hearing had been postponed to 29 October and requested that the injunction continue until the new date. Rossa Fanning SC for Facebook Ireland and Andrew Fitzpatrick SC for Twitter confirmed their cooperation and consented to the order's continuation. The injunction was issued after social media posts had circulated identifying the boys, who are known only as Boy A and Boy B, and the court emphasized the need to monitor the situation due to its sensitivity.
In a High Court hearing on 25 July 2019, Justice Leonie Reynolds considered the Football Association of Ireland's (FAI) claim that certain documents supplied to the Office of the Director of Corporate Enforcement (ODCE) were protected by legal professional privilege. The ODCE, investigating "certain matters" concerning the FAI under the 2014 Companies Act, asked the court to decide whether the FAI's submissions could be excluded from the probe. The documents in question include minutes of all FAI board and committee meetings from 1 January 2016 to 21 March 2019, and extracts of legal advice received by the board from interim CEO Ms Rea Walshe and from Deloitte auditors. The FAI argues that these extracts, covering advice on sponsorship agreements, potential liability, internal investigations, appeals to the Court of Arbitration for Sport, disciplinary matters, licence applications, and audit reports, are privileged and should not be used in the ODCE investigation.
The High Court application by KBC Bank to evict a family from their home near Strokestown in County Roscommon will be heard on 10 October. Ms Justice Leonie Reynolds rejected a request by David McGann to consolidate separate proceedings he has initiated with the bank's injunction application. Mr McGann seeks to challenge the validity of the possession order executed by the Roscommon County Registrar and to prevent any party from taking possession of the property. The judge found that consolidating the cases, which involve different parties and distinct issues, would unnecessarily increase legal costs. The McGann siblings were evicted from the farm property in December 2018 following a repossession order obtained by KBC several years earlier. The registered owner, Michael Anthony McGann, fell into arrears on a loan and owed approximately €431,000 to the bank. The family subsequently returned to the property.
The ODCE has asked the High Court to decide whether certain documents held by the FAI's auditors Deloitte are legally privileged. In a motion under the 2014 Companies Act, the ODCE wants Ms Justice Leonie Reynolds to examine the material provided by Deloitte as part of the probe into "certain matters" concerning the association. The court is expected to rule before the end of the month on whether the documents given by the association to the director are privileged. Kerida Naidoo SC, for the ODCE, explained that the judge was asked to look at sections of four documents concerning Deloitte. Three of these had already been supplied to the court, while the fourth was in a sealed envelope. The judge thanked Deloitte for its assistance and adjourned the matter.
In a High Court settlement, Island Capital Management Ltd agreed to waive legal privilege over a single document that the Commission of Investigation into the sale of Siteserv had expressed interest in, to prevent delays in the Commission's work. The dispute arose after Island raised concerns in September 2016 about the Commission's terms of reference and the interpretation of those terms, which the Commission clarified on 10 January 2019. Island had also challenged a ruling by Judge Brian Cregan regarding the treatment of certain documents and the application of legal advice privilege (LAP). The Commission acknowledged that its earlier letter on 8 September 2017 had misled Island about the final determination on LAP, and it had subsequently revisited the issue. The settlement, read by the court, included a contribution to Island's legal costs and an order striking out the proceedings, with the Commission agreeing to respond to any further concerns about ambiguity in its terms of reference.
In a fast‑track commercial court case, Irish Life Assurance PLC has sued Arcadia Group Ltd over a 1987 lease for a Cork City property at 101 Patrick Street. The lease, worth €650,000 annually, is set to expire in 2022. Arcadia, which entered a Company Voluntary Arrangement (CVA) in the UK, claims the lease was terminated on 12 June 2019 as part of that CVA. Irish Life disputes this, asserting the lease remains in force and that rent from July of the current year to the lease's expiry is €1.95 million. Irish Life seeks declarations that the lease continues, that the CVA‑based termination is not recognised in Ireland, and orders for specific performance, payment of outstanding rent, and damages. The case was admitted to the Commercial Court by Mr Justice Robert Haughton, with a week's adjournment pending a decision on whether the dispute should be heard in Ireland or the High Court of England and Wales.
In a High Court ruling on 23 July 2019, Mr Justice Allen dismissed a claim by Beacon One Management Company Ltd, which represents about 70 apartments in Block E of the Beacon Court development, against Beacon Leisure Investments Ltd, the operator of the Beacon Hotel in Sandyford Business Park. The management company had alleged that the hotel's owners had denied residents access to the hotel through interconnecting doors in the shared corridors, a practice that had existed for over a decade and allowed residents to use the hotel's gym. After the hotel changed hands in 2016, the new operator notified residents that direct access would be stopped except in emergencies. The court held that the lease agreements for the apartments did not confer a general right of access through the interconnecting doors, and that the hotel owner was entitled to restrict such use, except for emergency egress. Consequently, the claim was dismissed.
In a fast‑track commercial court case, a group of Chinese investors—Quoquing Wu, Jianyu Qi, Yuanming Chi, Xueqi Wang, Jingli Li, Qiling Li and Kailin Yao—have sued Premier Green Energy Holdings Ltd. The plaintiffs claim they advanced a €1.5 million loan to the Dublin‑based waste‑to‑energy firm in March 2017 for a 48‑month term. They allege the loan agreement required 18 % interest on the principal at the second, third and fourth anniversaries. On 16 March, €540 000 was reportedly due, but the defendant allegedly failed to pay. The plaintiffs now seek a court order for €2.17 million, comprising the principal and the claimed interest, and also request damages for breach of contract. Mr Justice Robert Haughton admitted the matter to the fast‑track list on the parties' consent, with a hearing scheduled after the summer recess.
The fast‑track Commercial Court has admitted a dispute between the owners of the thoroughbred stallion Ajaya and several UK‑based insurance syndicates. Ajaya was declared permanently infertile in 2018 by an equine consultant. The owners, Rathbarry Stallions Ltd together with Kuwaiti businessmen Saleh Homaizi and Imad Al Sagar, had taken out a 'Bloodstock insurance' policy with XL Catlin, Tokio Marine Kiln, Novae, Markel and Brit syndicates. They claim the insurers breached contract by refusing to pay the "Stallion Permanent Total Disability Extension" and the fair market value of the horse. The owners also seek damages for breach of contract, negligence and breach of duty. The insurers argue the owners failed to meet policy conditions and did not disclose all material facts, and deny the horse's permanent infertility. The case will be heard in October, with mediation hoped to resolve the dispute.
In a High Court case, publisher Trevor White resolved a dispute with Feniton Property Finance DAC, a financial fund that had sought to recover €3.9 million from White's parents and related companies over loans from Bank of Scotland Ireland. The fund had appointed a receiver and pursued injunctions to seize the family home at Mountpleasant Square, Ranelagh. After negotiations, the court agreed that Feniton would receive €1.2 million and that the receiver would be entitled to possession of the property, but orders would be stayed for six months. During that period, payments to the fund would allow White to remain in the house. Counsel for White and his family consented to the settlement. Separate proceedings saw Feniton obtain summary judgments totaling €3.9 million against Peter and Alicia White and two companies, with the court refusing to accept the defendants' defence and staying execution of judgments until 31 December.
In a High Court case on 18 July 2019, River Dublin 1 SARL, owners of the Aparto student accommodation on Upper Dorset Street, obtained a temporary injunction against The Long Island Bar operator Mr Edward Walsh. The court heard that on 17 July, men associated with Walsh had crossed a boundary wall, erected wooden hoarding in the accommodation's yard, and blocked access to a bike shed. River Dublin claimed the hoarding unlawfully appropriated part of the yard. Walsh's solicitors alleged that the accommodation was trespassing on Walsh's leased property, a claim denied by River Dublin and unsupported by documentation. The injunction, granted ex‑parte by Justice Leonie Reynolds, prohibits Walsh, his servants and agents from trespassing on the accommodation, from removing the hoarding, and from reinstating fencing. It also bars Walsh from preventing the removal of the hoarding. The case is set to return to court next week.
Ms Justice Leonie Reynolds adjourned a High Court application by KBC Bank for an injunction requiring the McGann family to vacate their home at Falsk, near Strokestown, Co Roscommon. The matter was not concluded and will be heard next term due to judicial availability difficulties. KBC seeks an order requiring siblings Michael Anthony, David, and Geraldine McGann to leave the property, which is subject to a loan agreement where Michael Anthony McGann is the registered owner and owes approximately €431,000. The application is opposed. Counsel for the applicants, David Browne BL, instructed by solicitor Donnacha Anhold, argued the hearing would take longer than KBC estimated and requested that related proceedings brought by David McGann be consolidated. David McGann's separate action challenges the validity of the possession order obtained by KBC and seeks orders preventing interference with the property. Ms Justice Reynolds granted permission to seek consolidation of the two cases. Michael Anthony McGann was absent, and no representations were made on his behalf. The family was previously evicted in December following the execution of a 2012 possession order, an incident that drew national attention after security personnel were attacked. KBC commenced these injunction proceedings in May, noting that Gardaí have cleared the bank to proceed.
In a High Court case, residents of Coldwater Lakes, Saggart, Rathcoole, Dublin, argue that Burnella Cottage Ltd., a management company set up by the Mansfield family in 2002 to oversee the estate's common areas, failed to perform its duties and did not collect management fees. They claim they should be members of Burnella so they can manage the common areas, asserting that they have been paying the costs themselves for years. The residents say the company's directors—James Mansfield Junior, Patrick Mansfield, and Anthony Mansfield—intentionally disregard residents' interests and aim to appropriate the common areas. The defendants deny the allegations, stating the residents lack standing as they are not members or directors of Burnella and that the residents do not have good marketable title to their properties. A preliminary motion was heard by Ms Justice Leonie Reynolds, who adjourned the case to November after the defendants requested time to consider the matter.
A solar‑power company, Welink Investment Holdings Ireland Ltd, settled a High Court action that sought to stop another firm, Sustainable Development Capital LLP, from filing a petition to wind it up over a disputed €1.2 million debt. Earlier in the week, Welink had secured a temporary injunction preventing the defendant from taking steps to have the plaintiff wound up. The case returned before Ms Justice Leonie Reynolds on Thursday, where Welink's counsel, Stephen Dowling BL, informed the court that the parties had reached a settlement and that the action could be struck out on consent. No settlement details were disclosed. Welink, part of a group of solar‑energy companies with 87 employees, denied the debt and said it was fully solvent. The defendant had threatened to seek winding‑up if the debt was not paid, a move Welink said could damage its reputation and hinder future projects and investment.
Receiver Mr Ken Fennell brought proceedings in the High Court against Mr Arthur O'Neill, alleging contempt of an injunction granted last March that restrained O'Neill from entering or interfering with a property in Askinvillar Upper, Kiltealy, Enniscorthy, Co Wexford. Fennell claimed O'Neill re-entered the property, prevented the receiver from taking possession, and listed the premises for rent on various websites without consent. The receiver, appointed by Promontoria (Finn) Ltd in 2017 following an alleged failure to repay a €2m loan, sought O'Neill's attachment and committal to prison. Ms Justice Leonie Reynolds had previously warned O'Neill that non-compliance would result in jail. The matter had been adjourned to Tuesday's sitting of the High Court, to allow Mr O'Neill to consider his position and obtain legal advice. On Tuesday, O'Neill gave a sworn undertaking before the judge to comply with the orders, though he raised concerns regarding tenants with leases. Ms Justice Reynolds stated that any issues concerning purported leases were for another day, as the court was solely concerned with the contempt issue. The judge adjourned the matter to Friday to verify if the orders were complied with. O'Neill avoided immediate imprisonment by agreeing to abide by the court orders.
In a High Court hearing on 16 July 2019, Welink Investment Holdings Ireland Ltd obtained a temporary injunction preventing Sustainable Development Capital LLP from filing a petition to wind it up over a disputed €1.2 million debt. Welink, a solar‑power company with 87 employees, denied the debt and claimed it was fully solvent. The defendant had warned that it would seek liquidation if the debt was not paid. Welink's counsel argued that the dispute should have been resolved in UK courts and that the defendant had failed to provide undertakings not to pursue a winding‑up petition. The injunction, granted ex‑parte by Justice Leonie Reynolds, was made returnable later that week, and the judge encouraged the parties to consider mediation.
In a High Court hearing on 16 July 2019, Justice Leonie Reynolds granted an injunction requiring the occupants of a three‑storey Georgian building at 42 and 43 Blessington Street, Dublin 7, to vacate by 6 pm that evening. The building, owned by Deck Building Services DAC, KDM Construction Ltd and Clonmel Enterprises Ltd, is slated for conversion into an apart‑hotel. The judge cited health and safety concerns, noting the property lacked a fire safety certificate and was uninsured because of the illegal occupation. No occupants appeared in court and no representations were made on their behalf. The owners, represented by Padraig D Lyons BL, argued that the occupants were aware of the proceedings and that the owners were entitled to the injunction. Earlier that month the premises had been unlawfully occupied, with occupants such as 'Oliver Rabbite' and 'Mouse' refusing to leave despite being asked by the owners' agents.
In a High Court dispute, Fr Michael O'Leary, a Catholic priest facing drug charges in the United States, and his brother Mr John O'Leary are sued by their siblings Ms Nora Harpur, Mr Barry O'Leary, Mr Tadgh O'Leary and Ms Marie O'Leary. The siblings seek to set aside their late mother Elizabeth O'Leary's 2009 will, alleging undue influence and that she was not of sound mind when it was executed. They also request discovery of Fr O'Leary's bank account records from 2006 to 2010, citing two €5,000 transactions in 2009 that they consider suspicious. Fr O'Leary's counsel argues the discovery request is overly broad and that the bank had already closed the relevant accounts in January 2018. Mr Justice Senan Allen dismissed the discovery application, noting it was a "fishing expedition," and adjourned the case to October, giving Fr O'Leary six weeks to comply with a prior agreed discovery of a joint account.
In a High Court hearing on 11 July 2019, Mr James Carney, a part‑owner of a horse sold in 2011, apologised to the court for social‑media posts about Goffs Bloodstock Sales Ltd. He admitted the posts were unfounded and pledged not to repeat such conduct. Carney withdrew complaints he had made to professional bodies, including the British Horseracing Authority. Goffs, represented by Robert J. Goff and Co, Goffs Bloodstock Sales Ltd, Goffs UK Ltd, and CEO Mr Henry Beeby, had sued Carney for defamation, claiming the posts damaged the firm's reputation and sought damages. The parties reached a settlement, with Carney agreeing to delete all relevant posts, remove a Twitter account, withdraw complaints to regulatory bodies, and refrain from future complaints. The judge adjourned the case with liberty to re‑enter.
In a High Court hearing on 11 July 2019, Justice Leonie Reynolds issued orders against farmer James Scully, who had removed cattle from 156 acres of Thornton Hall land in North County Dublin earmarked for a proposed prison. The Minister for Justice, represented by David McGrath SC and Elizabeth Donovan BL, alleged that Scully had grazed livestock on the land for several months without permission, a claim Scully denied and said he had removed all animals. He also claimed other people's livestock had been grazing there. The judge noted Scully had removed his animals but ordered him to refrain from any further trespassing and to keep all livestock off the Minister's property. She rejected any claim that permission had been granted and warned that the cost of removing stray animals would be very high. The land, owned by the Minister, has seen significant state investment and security works, yet Scully's continued presence prompted the legal action.
The High Court, by Ms Justice Leonie Reynolds, ordered eight Travellers – William, Elizabeth, Mary Ellen, Jimmy, John, Winnie McCarthy, Belinda and Ned O'Reilly – to vacate the unofficial halting site at Cabragh Bridge, Cabragh, Thurles, by 5 pm on Tuesday, 16 July. The order was issued in favour of Tipperary County Council, which had served the defendants with short‑notice proceedings the previous week. The council sought injunctions to remove the defendants' mobile homes, vehicles and caravans, and to prevent any obstruction of the roadway. It also requested that the defendants cease residing on or near the bridge, which it described as an inappropriate place to live. The council had offered alternative accommodation, including a nearby halting site, and had a six‑unit group housing scheme ready for Traveller occupants, but the defendants had not accepted it.
An out‑of‑work butcher, Jason Mahony, 35, of Avonbeg, Tallaght, pleaded guilty in the Dublin Circuit Criminal Court to handling stolen property and money laundering. The offences relate to a break‑in at McLoughlin's butchers in Ballyfermot on 13 May 2016, when €15,861 was stolen. Mahony admitted that between 13 and 16 May he handled €9,705 in cash found in a rental car at Tymonville Lawn, where his former partner lived, and that he deposited €3,460 in his bank account, including a large amount of one‑ and two‑euro coins. Garda Detective Ronan Coffey presented evidence that the account was frozen and that €2,566 remained, leaving €904 unaccounted for. Mahony, who has prior theft convictions, was homeless at the time of the offence. He has since begun working at another butcher's shop, handed €500 to the court, and said he will pay the remaining €404 by September.
In a 2019 High Court decision, Justice Leonie Reynolds dismissed the Public Appointments Service and the State's applications to strike out Assistant Commissioner John Fintan Fanning's claim over a disputed recruitment process for Deputy Commissioner. The court allowed Fanning's action to proceed to a full hearing and permitted him to raise an issue concerning the alleged non‑disclosure of an anonymous letter. Fanning, who was shortlisted by a five‑member board in March 2015 and subsequently told he was not successful, seeks declarations that the recruitment breached his legitimate expectation and right to fair procedures. He also contested the nature of interview questions about left‑wing "extremists." The defendants, including the Public Appointments Service, Ireland and the Attorney General, deny wrongdoing. In November 2015 the court had previously dismissed Fanning's injunction request.
In a High Court case in Co Wexford, Judge Leonie Reynolds gave Arthur O'Neill a week to decide whether he would comply with an injunction that prohibits him from entering or interfering with a property in receivership at Askinvillar Upper, Kiltealy, Enniscorthy. The injunction, issued by Mr Justice Senan Allen in March, was described by the judge as "crystal clear" and "written in plain language." O'Neill, who represented himself, argued that the order did not reflect Justice Allen's statements and raised questions about alleged leases on the property. John Kennedy BL, counsel for receiver Mr Ken Fennell, said no valid leases existed. Reynolds rejected O'Neill's arguments, stating there were no errors in the order, and warned that failure to comply could result in jail. She granted an adjournment to allow O'Neill to arrange his affairs and urged him to seek legal advice before the matter returns to court.
The owners of a three‑storey Georgian building at 42 and 43 Blessington Street, Dublin 7, have filed a High Court application to remove unknown alleged trespassers. The property, owned by Deck Building Services DAC, KDM Construction Ltd and Clonmel Enterprises Ltd, had been vacant and is now intended to be converted into an apart‑hotel. Earlier this month, the owners claimed the premises was unlawfully occupied by several unknown persons. The locks were changed, and two occupants identified themselves as 'Oliver Rabbite' and 'Mouse'. They were asked to leave but asserted they had permission to stay, had no alternative accommodation and would not vacate. The owners argue the building is unsafe, does not meet building regulations, and planned works are needed for fire safety compliance. The court granted the owners permission to serve short notice to the occupants and the matter will return next week.
The fast‑track Commercial Court has admitted a dispute in which businessmen Frank and John Gargan and Rathcoole Grain Ltd claim that QIC Europe Ltd failed to decide whether to pay out on an insurance policy covering fire damage to a recycling facility in South County Dublin. The plaintiffs say they leased premises to Natural Energy & Recycling Ltd at Tay Lane, Greenogue, which suffered extensive fire damage on 21 August 2018, costing an estimated €1.3 million to restore. They had an insurance policy with QIC from 2017 and notified the insurer the day after the fire. The plaintiffs allege that QIC has refused, neglected and failed to indemnify them, and that the insurer has only said it is "finalising its investigations." They seek an order that QIC perform the 2017 policy, a declaration of their entitlement to indemnity, and damages for breach of contract and duty.
In July 2019 the Minister for Justice brought High Court proceedings against farmer Mr James Scully of Kilreesk Lane, St Margarets, Co Dublin, over alleged trespassing of his cattle on 156 acres of land known as Thornton Hall, owned by the Minister. The land had been earmarked for a proposed 'super prison' and the State had spent over €50m on the site since 2005. A sworn affidavit stated that Scully's livestock had been grazing there for several months, and that in February the Irish Prison Service was notified that cattle had strayed onto a neighbouring property and onto a road, almost causing a collision. The Minister had spent €21,000 on fencing, gates, bollards and repairs to neighbour lawns.
Two High Court challenges against An Bord Pleanala's decision to grant planning permission for the Coole Windfarm have been admitted to the fast-track commercial court list. The actions, brought by the North Westmeath Turbine Action Group and environmental campaigner Peter Sweetman, seek to quash the board's March decision to allow a 13-turbine development on peatlands near Coole, Co Westmeath. The applicants allege the decision is inconsistent with EU directives on Habitats and Environmental Impact Assessments. Permission for judicial review was granted last May. On Monday, Mr Justice Robert Haughton admitted both cases to the commercial list, an application made by developer Coole Windfarm Ltd and not opposed. The developer expressed concern over delays to the €60m project, arguing that expeditious handling is necessary to meet 2020 EU emission reduction commitments and avoid potential fines. Coole Windfarm claims it has already spent €2.3m and that the project will generate 75 construction jobs and save nearly two million tonnes of carbon dioxide over its 25-year life. Westmeath County Council and the developer are notice parties. The State intends to apply to be released from the residents' group's proceedings, claiming no cause of action is disclosed against it. The cases were adjourned to February and are expected to take between six to eight days to hear.
In a High Court hearing on 5 July 2019, Mr Justice John Jordan dismissed the injunction application of Abu Dhabi businessman Abdullah Rashid Ahmed Almana Mansoori against Wicklow falcon breeder Kenneth Smith. Mansoori sought to stop Smith from supplying falcons to any other party pending the outcome of their dispute over a 2014 agreement. Smith's lawyers said he had entered a contract to supply falcons to the Crown Prince of Dubai, though they could not confirm the identity of the third party. Smith claimed he had terminated the agreement in January 2019 due to unpaid invoices, while Mansoori denied termination and alleged quality issues with birds supplied in September 2019. The judge found the injunction unsupported, citing Mansoori's delay in bringing the case, the mandatory nature of the order, and animal welfare concerns. He awarded Smith the costs of the proceedings and urged a full hearing of the dispute as soon as possible. The case remains pending for further adjudication.
During a brief court appearance, Brendan Grehan SC, representing the Director of Public Prosecutions (DPP), expressed concern that the identification of the two 14‑year‑old boys convicted of murdering Anastasia Kriegel could "flare up" again at the upcoming sentencing hearing later this month. The boys, known only as Boy A and Boy B in the media, were convicted in June of the murder of Ana Kriegel at Glenwood House, Laraghcon, Clonee Road, Lucan on 14 May last year, and Boy A was also convicted of Ana's aggravated sexual assault involving serious violence. The DPP noted that it remains "real concerned" despite a recent period of stability following the removal of identifying images from Facebook and Twitter. On 20 June, Mr Justice Michael White imposed an injunction requiring Facebook and Twitter to remove any photos or other material identifying the boys.
Tipperary County Council has initiated High Court proceedings to compel members of the Travelling Community to vacate an unofficial halting site at Cabragh Bridge, Thurles. The council claims the presence of eight individuals—William McCarthy, Elizabeth McCarthy, Mary Ellen McCarthy, Jimmy McCarthy, John McCarthy, Winnie McCarthy, Belinda O'Reilly and Ned O'Reilly—constitutes a public nuisance. It seeks an injunction requiring the defendants to remove their mobile homes, vehicles and caravans from the bridge and to cease obstructing the roadway. The council also requests an order that the defendants vacate and refrain from residing on or near Cabragh Bridge, which it deems an inappropriate place to live. The bridge was formerly part of the R659 but is no longer part of that route. The council has offered alternative accommodation in a six‑unit group housing scheme, but the defendants, who moved to the site between 2015 and September 2018, will not be accommodated there.
Anthony Moore, a 53‑year‑old retired soldier who served 25 years in the Defence Forces, withdrew a High Court claim against the State. He had alleged that the anti‑malaria drug Larium (mefloquine hydrochloride) prescribed to him during deployments in Liberia (2005‑2006) and Chad (2008) caused severe mental and physical health problems, including pain, stomach cramps, hallucinations, sleep deprivation and family difficulties. Moore's action, which began in late June, was directed at the Minister for Defence, Ireland, and the Attorney General, who denied negligence. After discussions with Mr John Gordon SC, Moore informed Justice David Keane that the case would be struck out, the action withdrawn, and no costs order made. The State had argued the claim should be struck out due to Moore's delay in bringing the action.
Daniel Duffy, aged 21, and Stephen Dargle, aged 19, from Annamoe Terrace, Cabra, Dublin, pleaded guilty to an attempted robbery of a pizza delivery man at Drumalee Grove on 10 October 2017. Dargle approached the delivery man and threatened him with a knife, saying he would stab him if he did not hand over the delivery. The victim fled, but Dargle chased him, pulling the knife out. The victim, a foreign national, screamed and knocked on a nearby flat's door. Dargle tried again to seize the delivery, but Duffy blocked him. The victim threw a bottle of a mineral drink at Dargle and screamed again. Neighbours shouted at Dargle to leave. Gardaí identified the men after speaking to a woman whose mobile phone they had used to order the pizza. Both men admitted they were high on ecstasy tablets at the time; Duffy also said he had snorted cocaine.
In a High Court case, Judge Michael White expressed concern over the link between young offenders and exposure to pornography on smartphones. The case involved a 17‑year‑old boy who sexually exploited his younger cousins. The boy's lawyer testified that the defendant had accessed porn from a very early age. The boy and his cousin engaged in non‑penetrative sexual contact from around 2011 to 2016, beginning when the cousin was about nine or ten. He pleaded guilty to sexual exploitation of a child in 2015 and to anal rape of the cousin in January 2016. He also admitted to consensual anal sex with a male cousin, who was four months younger, up to ten times. The court noted no coercion. The case was adjourned for sentencing, and the judge highlighted this as the fourth instance he has seen where young children's serious offences stem from early porn exposure.
KBC bank has sought an expedited hearing of its High Court application for an injunction requiring three siblings to vacate their home near Strokestown, County Roscommon. The bank seeks an order for Michael Anthony, David and Geraldine McGann to leave the property at Falsk, which was subject to a possession order obtained in 2012. Michael Anthony McGann is alleged to have fallen into arrears on a loan totalling approximately €431,000, with the last repayment recorded in February 2014. The eviction was executed in 2018 and subsequently gained national attention following a security incident. David and Geraldine McGann have opposed the application through their legal representatives. David McGann has separately commenced related proceedings challenging the validity of the possession order's execution. Ms Justice Leonie Reynolds adjourned KBC's injunction application for two weeks, indicating that no hearing date would be fixed until relevant documents were exchanged and the case was ready to proceed.
Cornelius and Sally Moloney, owners of a filling station and rental businesses in Mountrath, Co. Laois, have filed High Court proceedings to stop financial fund Promontoria (Aran) Ltd and receiver James Murphy from selling the business. They seek injunctions to prevent any sale or disposal of the filling station and related businesses, and to restrain any removal of equipment. The couple argue that the proposed sale price of €925,000 is a significant undervalue, especially since a third party offered €1.025 million, an offer they wish to accept. They claim the receiver has not advertised the property to obtain the best price and that the receiver intends to proceed with the €925,000 sale. The couple also allege that the receiver's duty is to secure the highest possible return to reduce their debt, which arose from a loan taken from Ulster Bank that was later acquired by Promontoria.
Ryan Kelly, 21, bought items he thought were torches from Wish.com, intending to sell them for holiday money. The devices were described as "shock devices" and "torches with an electric shock," but Gardaí discovered they were illegal stun guns. He pleaded guilty to importing firearms without a licence in May 2018. The court noted he had no prior convictions and that he was a hard‑working young man. Judge Karen O'Connor applied the Probation Act, preventing a conviction from being recorded, and placed him on a one‑year bond to keep the peace. He had been dismissed from his job when the offence became public, but after Sgt Darren Colleran explained the circumstances to his employer, he was reinstated.
In a Dublin Circuit Court hearing, Charlotte Skovhaus, who had attempted to help a homeless woman named Cher Quinn, was held up at knifepoint during a drive back to her home. Quinn, who had claimed she had been robbed, pointed a knife at Skovhaus's chest, demanded money, and became verbally abusive while searching her handbag. CCTV identified Quinn, who was arrested and later pleaded guilty to attempted robbery and production of a knife on 29 August 2016. Skovhaus suffers from post‑traumatic stress disorder, experiencing flashbacks, nightmares, insomnia and headaches, and reports that the incident has altered her perception of homeless people. Quinn, who has mental health problems and was drug‑free at the time of the attack, expressed remorse. Judge Melanie Greally suspended the final two years of a five‑and‑a‑half‑year prison term, requiring Quinn to engage with the Probation Service on her mental health and substance abuse issues.
In June 2019 a temporary injunction that had barred the owners and former operators of the Hole in the Wall Pub in Galway from transferring possession of the premises to anyone else was lifted after the parties reached an agreement. The injunction had been granted earlier in the month in favour of 15 former employees who had been dismissed abruptly in April when the pub closed. They had brought High Court proceedings alleging unlawful termination and had obtained an interim injunction against the pub's owner, Stephen Fahy, and his company, Stephen Fahy Ltd. The court, hearing the case on Thursday, was told by the defendants' counsel that the injunction could be removed if the parties consented and replaced with an undertaking. The defendants agreed that if the pub were leased to another party they would inform the plaintiffs within seven days of the lease's execution.
In a High Court hearing on 27 June 2019, the FAI and the ODCE agreed on a methodology to assess whether certain documents supplied by the FAI to the ODCE are legally privileged. The ODCE has requested the court to examine these documents as part of its investigation into "certain matters" concerning the association. The applications, made under the 2014 Companies Act, were presented to Ms Justice Leonie Reynolds. The documents in question are minutes of FAI board meetings from February 2016 to March 2019. The FAI claims privilege over extracts that include legal advice from its interim CEO, Ms Rea Walshe, on sponsorship agreements, potential liability, internal investigations, disciplinary matters, and licence applications. The ODCE has accepted that Ms Walshe was the association's legal advisor at the relevant times. Justice Reynolds welcomed the parties' constructive engagement, noted progress, and adjourned the matter to late July, urging any further applications to be made promptly.