The German film company W2 Filmproduktion Vertriebs GmbH has brought a claim against Irish film producers Morgan O'Sullivan and James Flynn, alleging that the two diverted €40 million from Octagon Films Ltd to themselves or to corporate entities they control. The claim, which began in 2016, was heard by Ms Justice Teresa Pilkington in 2019. Both defendants deny the allegations. W2 seeks damages for breach of duty, fraud and conspiracy, and a declaration that the defendants must account for all profits made through Octagon. The court ordered discovery of documents relating to 21 productions, to be completed by October, and adjourned the full hearing to 2020. The case remains a derivative action on behalf of Octagon, with the defendants denying any misuse of the company's name or reputation.
In June 2019, Mr Philip Rattle, managing partner of August Equity LLP, secured a High Court Norwich Pharmacal order against Microsoft Ireland Operations Ltd to obtain details of the person behind a Twitter account that he claims impersonates him. Rattle alleges the account, created in September 2018 using an outlook.com email, has posted defamatory tweets that portray him as racist, anti‑semitic and a bigot, and that it has caused serious damage to his reputation and privacy. He says the account has made false claims about him and his firm, and that it has prompted him to install CCTV at his London home. The court granted the order on consent, requiring Microsoft to provide the name and address of the individual or individuals operating the email account. The case highlights Rattle's claim that the account is part of a smear campaign against him and his investors.
In a High Court hearing on 25 June 2019, the neighbours of 91‑year‑old widow Patricia Rochford agreed to remove a cement barrier that she said blocked her access to Adelaide Road. Rochford, who lives in the basement of her home and uses a wheelchair, had obtained a temporary injunction requiring the owners of a nearby office property – Mr Morgan Crowe, Ms Brid Large and Ms Mary Irving – to take down the obstruction. The barrier, located on a laneway behind the properties, had been erected by workers on behalf of Mr Crowe and included a 9‑ to 12‑inch step that Rochford claimed made the laneway impassable. During the hearing, Mr Crowe's solicitor, John Larney, expressed sympathy for Rochford and confirmed that his client would remove the barrier within a week.
A legal challenge by 23 South Dublin residents against a decision to grant planning permission for the redevelopment of a building near their homes has been admitted to the fast-track commercial court list. The residents from Dartmouth Square in Ranelagh, Dublin 6 secured permission from the High Court to seek to quash An Bord Pleanála's approval for an office redevelopment project at the old Carroll's building on Grand Parade near their homes. They claim significant alterations were made to the original plan and say there was a failure to notify the public that works to provide for a future Metro station would be incorporated into the development. Grand Parade Trading Co was granted permission in April to refurbish the existing eight-storey Carrolls Building, which is a protected structure on the 1.4-acre site. Several warehouse buildings to the south of that building will be demolished and replaced with another three-to-six storey office building, which will be connected to the existing building with a six-storey glazed atrium. At the High Court on Monday, the case was admitted to the fast-track commercial court list by Mr Justice Robert Haughton. Grand Parade Property Trading Company, which is a joint venture between the Peterson Group and Hines group, sought to have the matter admitted to the list. Eamon Galligan SC, for Grande Parade, said the application to fast track the case was being made because any delay on the project would have an adverse effect on his client's commercial arrangements. Lawyers for the residents opposed the application on grounds including that it was 'unnecessary'. After admitting the case to the list, the matter was adjourned to a date in November.
The High Court heard that an 18-year-old woman, made a ward of court last year, requires ongoing supports following disclosures of alleged sexual abuse by more than 12 males before she was taken into care at age ten. Mr Justice Peter Kelly stated the court's door remains open for her to attend a review in October if her treating team deems it medically appropriate. The judge strongly recommended that a named care unit employee, in whom the woman places strong trust, remain involved in her care if feasible. He also authorised the general solicitor for wards of court to take legal action against the HSE and Child and Family Agency over alleged failures to protect her. Senior counsel Sara Moorhead's opinion described the situation as a "horror story" and an "appalling failure of duty" by State institutions. Criminal proceedings are pending against the woman's mother and maternal grandfather arising from the disclosures. The court was informed of concerns regarding an escalation in self-harming behaviour and the psychiatrist's view that her current psychiatric unit is not a suitable long-term placement. Orders were made to facilitate her gradual transition to a residential care unit providing a range of therapies.
Eir lodged an appeal against several decisions by the Commissioner for Communications Regulation (ComReg) concerning its obligations as the State‑designated Universal Service Provider (USP). The appeal was admitted to the fast‑track commercial court list by Mr Justice Robert Haughton. The dispute centres on ComReg's refusal to fund the costs Eir incurred in delivering essential services such as pay phones, fixed lines in isolated areas and directory services. Eir argues that it is entitled to a sharing mechanism to offset these costs, having applied for compensation for each year from 2010 to 2015. In April, ComReg ruled that the €43 million spent by Eir did not constitute an unfair burden. Eir contends that ComReg erred in its assessment, that its decisions are discriminatory, unfair and disproportionate, and that it breached statutory duties.
A retired 53‑year‑old soldier, Anthony Moore, appeared before the High Court to claim that he should never have been prescribed the anti‑malaria drug Larium (mefloquine hydrochloride) while serving overseas. Moore, who served 25 years in the Defence Forces, says he was deployed to Liberia in 2005‑2006 and Chad in 2008, and that after his deployment to Liberia he began to suffer physical pain, stomach cramps, hallucinations and sleep deprivation, which he attributes to the drug. He also alleges that his family life was affected. Moore has brought a personal injuries damages claim against the Minister for Defence and the Attorney General, alleging negligence and a failure to take reasonable precautions. The defendants deny the claims and argue the action should be struck out, citing Moore's delay.
The Central Criminal Court heard that the family of one of the boys convicted of murdering 14‑year‑old Ana Kriegel has been "forced into hiding" after photographs identifying the boy were posted online. Representatives of Twitter and Facebook answered contempt charges for publishing the pictures. Under the Children Act it is an offence to identify the 14‑year‑old boys, so Mr Justice Paul McDermott ordered that they not be identified. Affidavits were presented by Facebook's Market Manager, Twitter's representative, and the boy's solicitor, who confirmed the family's forced hiding.
In a High Court case, Abu Dhabi businessman Mr Abdullah Rashid Ahmed Almana Mansoori sued Mr Kenneth Smith and Ms Laura Churchard of Hawkslodge, Toolestown, for alleged breaches of a falcon breeding agreement. Mansoori seeks an injunction to stop Smith from supplying falcons to others, damages, a declaration that Smith's termination of the breeding contract in January was invalid, and that Mansoori owns the breeding stock. He also wants a declaration that Churchard holds certain Co Wicklow lands in trust for him and that she transfer them. Smith's counsel argues the contract was lawfully terminated and that the alleged agreement was invalid. The case, which has been adjourned multiple times, was briefly heard by Mr Justice Senan Allen, who noted the dispute will go to mediation soon. An undertaking by Smith to refrain from supplying falcons to others remains in place until after mediation, and the matter is adjourned to early July.
The High Court has been asked to consider a dispute between Clare County Council and Bernard and Helen McDonagh over the Ashline site on Kilrush Road, Ennis. The McDonaghs say they have a tenancy at the site, having moved their caravans there in November 2017, and that the council wrongfully breached that tenancy by surrendering it in 2012 after a fire. They argue the council failed to fulfil its statutory duties to provide Traveller‑specific accommodation and that it acted without political will or funding. The council, represented by James Connolly SC, counters that the McDonaghs unlawfully moved their caravans onto the site after the council removed bollards, and that the site was unsafe and uninsurable after arson attacks. The council seeks possession of the land and a permanent injunction preventing the McDonaghs from using the site, and also seeks orders to remove them from other Ennis locations deemed unsuitable.
Two High Court actions concerning the Minister for Education's refusal to enrol two young children with complex educational needs in the July Provision Scheme were settled. The children, who attend mainstream primary schools, were denied entry because they did not have a diagnosis of Autism Spectrum Disorder or a severe or profound general learning disability, the only conditions that qualify for the scheme. The families argued the refusals were irrational, unreasonable and breached the children's rights under the European Convention on Human Rights and the 1998 Education Act. The settlement provides the families with a payment equivalent to the amount normally paid to children who qualify for home‑based July Provision. The payment can be used for tuition at home or another suitable scheme and will continue until the children reach 18 or until the scheme is abolished, at which point they may apply to a new scheme. The agreement also includes an order for costs.
Philip Kernan, aged 48, was sentenced to three years' imprisonment with two years suspended for assault causing harm after a 45‑minute attack on his former partner, Angela Bissett, in her caravan in Donabate, Co. Dublin. Kernan repeatedly kicked Bissett in the face and head about 20 times, attempted strangulation, and dragged her back to the caravan after she had fled. He also demanded sex and threatened to "finish her off" if she sought help. Bissett suffered severe facial swelling, a cut lip, a wrist fracture and required 14 sutures. Kernan pleaded guilty at Dublin Circuit Criminal Court on 4 September 2016. In a victim impact statement, Bissett described ongoing fear and physical scars. Kernan's defence highlighted no prior violent convictions and claimed the incident was isolated, citing a history of abuse and post‑traumatic stress. The court imposed the sentence as stated.
The High Court is set to rule at noon on Thursday in a dispute between Supermac's Ireland Limited and John and Mary Lyons regarding who should pay for refurbishment works at their Ennis Road, Limerick franchise. Supermac's, represented by Rossa Fanning SC, seeks an injunction to prevent the defendants from carrying out works without consent, alleging a breach of the franchise agreement. The Lyons, represented by Andrew Sexton SC, oppose the application, arguing they are entitled to perform urgent repairs and that the action constitutes satellite proceedings following a 2018 Circuit Court decision requiring Supermac's boss Pat McDonagh to reimburse over €150,000 in rates and rent. The defendants deny breaching a 2000 agreement, with Mr Lyons claiming in a sworn statement that he never signed it and describing it as a forgery. Mr McDonagh, in his own sworn statement, called this accusation entirely baseless and frivolous, noting that the original document was located at a solicitor's office and originated in the early 1990s. Both handwriting experts stated they could not verify signatures on the copy without the original, which has now been made available for examination. Mr Justice Senan Allen noted the parties were seeking to draw first blood but indicated the court would hold off ruling if a solution was presented by 11:59am. An appeal over the tenancy is due in July.
In a High Court case, Abdullah Rashid Ahmed Almana Mansoori of Abu Dhabi has sued Kenneth Smith and Laura Churchard of Hawkslodge, Toolestown, Dunlavin, Co Wicklow, over a falcon breeding dispute. Mansoori seeks an injunction to stop Smith from supplying falcons to anyone other than himself, an order for damages, and a declaration that Smith's alleged termination of a breeding agreement in December is invalid. He also wants a declaration that he owns the breeding stock held by Smith and that Churchard holds certain Wicklow lands in trust for him, with an order to transfer those lands to him. The case was briefly heard ex‑parte by Justice Leonie Reynolds, who allowed Mansoori's lawyers to serve notice by post and email after difficulties in personally serving the defendants, who were found to be ordinarily resident at their premises. The matter was set for a return hearing next week.
Kerry County Council has agreed to quash a planning decision granted to Healy Rae Plant Hire Limited, a company owned by Independent TD Danny Healy-Rae, following a High Court challenge. Environmental campaigner Peter Sweetman, represented by Margaret Heavey BL and solicitor Aoife O'Connell, launched the action last July to set aside the Council's June permission to raise a field in Kilgarvan with construction and demolition waste. The proceedings, which were adjourned on several occasions, were briefly mentioned before Mr Justice Seamus Noonan on Thursday. The judge noted that the action had been resolved after the Council agreed to quash the decision. Healy Rae Plant Hire Ltd was a notice party but took no part in the proceedings. Mr Sweetman was granted the costs of the complex action. In his claims, Mr Sweetman alleged that the developer obtained permission to place over 50,000 tonnes of inert waste on a 1.8-hectare field with peaty soils, claiming the Council failed to consider the need for a waste licence or environmental impacts such as leachate and gas. He further alleged the decision contravened the Kerry Development Plan without an Environmental Assessment or Appropriate Assessment, despite the site's proximity to Killarney National Park Special Protection Area. The part of the judicial review involving the State became moot after the Council agreed the planning decision could be quashed.
In a High Court case, the Health Services Executive (HSE) sought to stop Mr Eamonn Murphy from using the name "My Options" and the domain www.myoptions.website, claiming it would confuse users of the HSE's pregnancy counselling service. The HSE had previously obtained a temporary injunction against Murphy, who had registered the domain after the HSE announced its service would be called "My Options." The court granted a permanent injunction, restraining Murphy from using the sign "My Options" or any similar mark in relation to a pregnancy counselling service, and from using the domain name or its variants. The injunction was made without costs, and the matter was adjourned generally, with the trial hearing set for July vacated. Murphy, who represented himself, consented to the permanent injunction. The HSE alleged that Murphy's website, which listed his phone number and promised free ultrasounds, could mislead women seeking the HSE's official service.
Allianz secured a High Court injunction against Tessline Ltd, an Irish financial services company under Central Bank warning and Gardai investigation. Allianz alleged Tessline misled customers by presenting falsified insurance documents and social media posts claiming an insurance contract with Allianz, including a video by co‑founder Iain Cameron stating a $1 billion coverage. Allianz said it never insured Tessline and requested removal of the material; Tessline failed to comply, prompting court action. The injunction, granted by Justice Leonie Reynolds, bars Tessline from using or displaying falsified certificates linking Allianz, and from any advertising or promotional activity referencing Allianz or its trademarks. Tessline did not oppose the application. Allianz also sought orders against Google Ireland, Facebook Ireland and Pinterest Europe to remove related content, which were complied with. The case remains an ongoing fraud matter.
A warrant has been issued for the arrest of a man who failed to attend his sentencing hearing at Dublin Circuit Criminal Court. Hassan Bilal, aged 38, of Church Street, Tullamore, Co Offaly, had pleaded guilty to burglary and theft of catering equipment valued at over €10,000 belonging to a Mayo businessman. The items stolen on 18 May 2015 included a commercial freezer, deep fat fryers, mixing bowls, trays, a chip holder, a burger fryer, microwave, food blender and chopping boards. Bilal has 24 previous convictions for road traffic offences. His defence counsel informed the court she was unable to contact her client and could not oppose a prosecution application for an arrest warrant. Judge Elma Sheahan granted the warrant.
Two separate High Court challenges have been launched against An Bord Pleanala's decision to grant planning permission to Coole Windfarm Ltd for a 13-turbine wind farm near Coole, Co Westmeath. The first action, brought by the North Westmeath Turbine Action Group and its company entity, alleges the decision is inconsistent with EU directives on Habitats and Environmental Impact Assessments. Counsel Michael O'Donnell BL argued that the exact route of a 25km grid connection was not definitively provided, meaning no compliant EIA was conducted for that route. He further stated that no proper notice of the high-voltage connection route was published and landowner consent was not obtained. O'Donnell noted the turbines, with a tip height of 175m, are almost three times the height of Liberty Hall in Dublin. The second action, brought by environmental campaigner Peter Sweetman, claims the board failed to properly consider continuing peat extraction operations on part of the site for EIA purposes. Counsel James Devlin SC also raised concerns regarding the potential impact on the local bat population. Both applicants seek orders quashing the board's decision. Mr Justice Seamus Noonan granted permission to bring these challenges on an ex-parte basis. The matter was adjourned, with both actions made returnable to a date in late July.
In a 2019 High Court judgment, Mr Justice Garrett Simons quashed An Bord Pleanala's 2016 decision to grant planning permission for Greenfield Ventures Limited to build a biogas facility at Gillstown, Garlow Cross, Navan, Co Meath. The court found that the board's conclusions regarding the EU Seveso III Directive were unreasonable, as no material had been presented to justify them. The judge noted that the board had incorrectly concluded that the 10‑tonne biogas storage limit would not be exceeded, a claim unsupported by the documentation actually relied upon. He also rejected the plaintiff's argument that the board erred in its assessment of the distance between the proposed plant and Mr Niall Halpin's dwelling. The case was adjourned to early June for the parties to decide whether to remit the matter to the board or to submit a new application. The Environmental Impact Assessment screening determination was upheld as lawful.
In a High Court decision on 21 May 2019, Mr Justice Tony O'Connor dismissed an injunction bid by ER Travel, trading as Easirent.com, against the Dublin Airport Authority (DAA). Easirent, part of a group offering online car‑hire services in the UK, US and Ireland, had sought to prevent the DAA from stopping it from collecting customers from the airport's public car park and transporting them to its offices 2 km away. The DAA denied the claims, arguing that Easirent's activity breached airport bye‑laws and that permission is required for any firm to pick up clients at the airport. Justice O'Connor noted that while the plaintiff raised a compelling issue, damages would be an adequate remedy after a full hearing. He directed that the dispute be heard by the judge in charge of the competition list in the coming weeks, hoping a date will be set for the full hearing by autumn.
Tomas Heneghan, a 27-year-old resident of East Wall, Dublin 3, brought a High Court judicial review challenging an Irish Blood Transfusion Service (IBTS) policy that defers blood donations from men who have sex with men for 12 months. Heneghan claims the blanket deferral is unlawful, irrational, and discriminatory, arguing it breaches European Union Law, the European Convention on Human Rights, and his Constitutional rights. He contends that a less restrictive measure, such as a short window period for HIV and hepatitis detection, would adequately protect blood recipients. Heneghan seeks to quash the IBTS decision, obtain a declaration that the policy is unlawful, and claim damages. The application was heard by Mr Justice Seamus Noonan, who granted Heneghan permission to proceed on an ex-parte basis. The judge adjourned the matter to a date in July. Heneghan previously challenged the permanent ban on gay blood donations, which was withdrawn in 2016 after the Government removed the restriction. The current case focuses on the 12-month deferral policy, which Heneghan argues is disproportionate and fails to assess individual risk effectively.
In a High Court hearing, ER Travel Ltd, trading as Easirent.com, alleges that the Dublin Airport Authority (DAA) is preventing it from collecting customers at the airport, threatening the business's survival. Easirent, which began operations in 2016 and employs 33 people, claims it transports customers from the airport to its offices 2.1 km away for car pick‑up. The DAA denies the claims, stating Easirent is conducting an unlicensed activity that breaches airport bye‑laws. Easirent seeks damages and an injunction to stop the DAA from blocking access to the airport car park, a request the court will consider before Mr Justice Tony O'Connor. The DAA, represented by James Doherty SC, argues it has repeatedly warned Easirent of its bye‑law breaches and denies allegations of police intimidation. The case is scheduled to continue next week.
Two secondary school teachers from Roscommon Town have initiated High Court judicial review proceedings challenging their redeployment. Aisling McTiernan and Aimee Costello, who have each taught at Meán Scoil Muire Gan Smál for over a decade, were selected for redeployment following a Department of Education and Skills circular issued after the school was deemed to have excess teaching staff for the 2019/20 academic year. The teachers appealed the decisions to the school's board of management but were unsuccessful. In their proceedings against both the Minister for Education and the board of management, they contend the redeployment breaches departmental circular requirements, constitutes a breach of fair procedures, and is irrational and unreasonable. They specifically allege the Minister failed to base decisions on accurate audit data and did not provide rationale for determining certain subjects surplus to requirements. The teachers seek orders quashing both the ministerial decision and the board's refusal of their appeals, together with damages. Mr Justice Seamus Noonan granted permission on an ex-parte basis and remitted the matter to July.
A Fine Gael councillor, Ted Leddy, 32, who holds the Castleknock seat once held by Leo Varadkar, settled a defamation action against Sinn Féin activist Alan Donnelly. The dispute arose from Donnelly's Facebook post on 12 July 2018, which Leddy said was false, untrue, and caused him death threats and other negative comments. At the High Court, Donnelly read a statement in which he unreservedly apologized to Leddy, acknowledged the post was entirely untrue, unwarranted and without foundation, and apologized for any distress caused to Leddy, his partner and family. He also confirmed payment of €19,750, covering Leddy's legal costs, and agreed to post an apology and clarification on his social media pages. Donnelly undertook to remove all defamatory posts within 24 hours, post a statement on his Facebook newsfeed for 30 days, and cease further defamatory remarks. The court accepted the settlement terms and allowed Leddy to re‑enter the case if necessary.
The High Court heard a judicial review challenge brought by the Donegal-based Lough Swilly Wild Oyster Society Ltd (LSWOS) regarding aquaculture licences for Pacific oysters in Lough Swilly. LSWOS, representing native oyster fishermen, claims the licences granted to Alan O'Sullivan and the Lough Swilly Shellfish Growers Co-Operative Society Ltd lack proper controls, resulting in an "environmental disaster" where untended foreign oysters have eroded native fishing grounds. The applicants argue the Minister for Agriculture, Food and Marine's decision, upheld by the Aquaculture Licence Appeals Board, is flawed due to procedural unfairness, including the refusal of an oral hearing and reliance on outdated data contrary to the EU Habitats Directive. LSWOS seeks orders quashing the Minister's and Appeals Board's decisions, a declaration of breach of natural justice, damages, and a stay on the licences. The matter was made returnable to a date in July following permission to bring the challenge granted on an ex-parte basis by Mr Justice Seamus Noonan.
High Court proceedings brought against RTE by independent candidate Eamonn Murphy in the European Parliament Elections have been withdrawn. Murphy had previously taken action over RTE's decision to exclude him from a live debate scheduled for May 20th and its refusal to broadcast a one-minute video clip he submitted. During the call-over, Murphy informed the court that he was withdrawing the case following correspondence with RTE, stating he had received 'undertakings' from the broadcaster. However, RTE's counsel, Niamh Hyland SC, denied that any undertakings had been given. Ms Justice Leonie Reynolds then struck out the case. This action was one of two brought by independent candidates against RTE over its decision not to include them in the live TV debate. In a separate case, Mr Justice Senan Allen dismissed a legal challenge brought by Ben Gilroy, another independent candidate running in the Dublin Constituency. Gilroy had sought declarations that RTE's exclusion of him from the debate was unfair and undemocratic, claiming it breached Broadcasting Authority of Ireland regulations. The judge ruled that Gilroy's proceedings had 'no legal basis' and were an attempt to enhance his electoral prospects. RTE denied the claims, stating its selection criteria were fair and objective. The judge found RTE's formatting of the debate to be 'sensible' and awarded costs against Gilroy in favour of RTE. The matter was adjourned and never described as concluded or finalised.
In a High Court ruling on 14 May 2019, Mr Justice Senan Allen dismissed an independent candidate Ben Gilroy's legal challenge against RTE's decision not to include him in a live debate for the European Parliament elections. Gilroy had sought declarations that the exclusion was unfair, undemocratic and breached Broadcasting Authority of Ireland regulations, claiming it gave an advantage to established politicians. RTE argued that its selection criteria—such as prior election to the EU Parliament, Dáil, or achieving more than 5% in a recent national election—were fair, objective and impartial. The judge agreed with RTE's counsel, noting Gilroy's application appeared aimed at enhancing his electoral prospects rather than seeking an urgent injunction. The court dismissed the case, awarded costs to RTE, and highlighted that the proceedings were not properly conceived as a judicial review. A separate action by another independent candidate, Eamonn Murphy, was scheduled for a later hearing.
In a High Court hearing on 14 May 2019, the case to decide whether certain documents supplied by the Football Association of Ireland (FAI) to the Office of the Director of Corporate Enforcement (ODCE) are legally privileged was adjourned to 25 June. The documents in question are minutes of FAI board meetings from February 2016 to March 2019, which the FAI claims contain privileged legal advice from its interim CEO, Ms Rea Walshe, a qualified solicitor. The ODCE, acting under the 2014 Companies Act, seeks these documents as part of its investigation into "certain matters" concerning the association. Both parties consented to the adjournment, with Kerida Naidoo SC for the ODCE noting the need to allow further discussion, and Shane Murphy SC for the FAI stating that the client agreed to the delay to facilitate the investigation. The FAI has also provided additional non‑privileged material to the ODCE, which may help resolve some issues.
Independent European Parliament candidates Ben Gilroy and Eamonn Murphy, running in the Dublin Constituency, sought High Court orders to participate in a live RTE debate scheduled for May 20th. Both applicants alleged they were excluded from the broadcast. At the hearing, Ms Justice Reynolds noted that the actions might require judicial review procedures. Counsel for RTE, Niam Hyland SC, opposed the applications, arguing that Mr Gilroy's case was not properly constituted. She further stated that RTE only learned of Mr Murphy's action on Tuesday morning. Mr Murphy's application differed as it also challenged RTE's decision to exclude a one-minute campaign video, which the broadcaster alleged breached the Broadcasting Act and BAI code of conduct. Mr Murphy indicated his intention to challenge that specific decision. Ms Justice Reynolds adjourned Mr Gilroy's case to 2pm on Tuesday, where it will be heard by Mr Justice Senan Allen. Due to separate issues raised in Mr Murphy's intended action, the judge adjourned his matter until Wednesday morning. The proceedings remain at the hearing stage with no final determination or sentence issued.
Elizabeth Crumlish, a 66-year-old member of the Irish Travelling Community, has brought High Court judicial review proceedings against Donegal County Council. Ms Crumlish challenges the Council's decision to suspend her from its housing allocation list for one year. The Council alleges she refused two reasonable offers of accommodation, a provision under its 2011 Housing Allocation Scheme. Ms Crumlish, represented by Nora Ni Loinsigh BL and instructed by FLAC, contends the offers were unreasonable as they consisted of single-bedroomed houses in Letterkenny, far from the Bridgend or Burnfoot areas where she sought Traveller Specific Accommodation on a halting site. She seeks an order quashing the suspension, along with declarations that the decision was made without lawful authority, resulted from unlawful fettering of statutory discretion, was irrational, and failed to vindicate her constitutional and European Convention on Human Rights. Mr Justice Seamus Noonan granted permission to bring the challenge on an ex-parte basis. The matter was adjourned and made returnable to a date in July.
Ms Justice Leonie Reynolds of the High Court issued an order barring business consultant Eamon O'Neill from acting as a 'McKenzie friend' to advise lay litigants, citing that he was taking advantage of vulnerable parties. The judge noted that O'Neill, who lacks legal qualifications, had purported to give bad legal advice to defendants in a dispute over a commercial property in Waterford. Although O'Neill had previously apologized for a letter the judge described as scurrilous and containing untrue averments, he failed to attend court on Thursday to answer alleged contempt. The judge rejected his explanation for the absence, stating he appeared to think he was above the law, and directed him to appear next Thursday with a legal representative. O'Neill may then apply to have the barring order lifted. The underlying action involved a fund-appointed receiver, Mr Ken Kennell, who sought vacant possession of the property from owners Paddy Early, of Killea, Dunmore East, and Paul Kearney, of Islandtarsney, Fenor. The court had previously granted the receiver possession after finding the defendants had no defence to the claim that they were trespassers. On Thursday, the judge extended the stay on the possession order to allow CMD Early Dunmore East Ltd, which had recently obtained a solicitor, to bring a motion to set aside the order. The judge also directed Early and Kearney to swear an affidavit detailing payments made to O'Neill for his advice. The property had been put up as security for a €2.29m loan advanced by Ulster Bank in 2008, which fell into arrears in 2011.
A High Court judge will decide whether ten documents supplied by the FAI to the Office of the Director of Corporate Enforcement contain legally privileged material. The FAI claims privilege over minutes of board meetings from February 2016 to March 2019, which include legal advice from its Interim CEO, Ms Rea Walshe, a qualified solicitor and internal legal advisor. The minutes cover advice on a prospective sponsor agreement, potential liability from legal actions, an internal investigation, appeals to the Court of Arbitration for Sport, disciplinary matters, licence applications, strategies to meet a potential injunction, complaints about a member organisation, litigation strategy before the Court of Arbitration for Sport, and a third‑party entitlement to evidence. Ms Justice Leonie Reynolds was given the documents and has asked for clarification on whether Ms Walshe was the FAI's legal advisor at the relevant times, given her various titles.
The High Court appointed a provisional liquidator to Play Print Ltd, a Dublin-based printing company that specialises in bingo cards, scratch cards and lottery tickets and employs 47 people. The court found the company insolvent and unable to meet its debts, citing loss-making since 2016, competition from online and digital technologies, a shrinking bingo market, fewer clubs and community centres using bingo for fundraising, and exchange rate changes after Brexit. The company's directors, including Managing Director John Martin, Ms Clair McCrosain and Mr Manus MacCrosain, agreed that appointing a provisional liquidator was in the best interest of all parties, including creditors, to ensure existing contracts could be completed over the next three to four weeks. Mr Micheál Leydon of Outlook Accountants was named the provisional liquidator. The matter will return to court later this month.
The ODCE has asked the High Court to decide whether documents supplied by the FAI contain privileged legal material. The application, filed under the 2014 Companies Act, is part of a probe into certain matters concerning the association. The FAI, represented by Shane Murphy SC, requested an adjournment to prepare a sworn statement in response to the ODCE's claim of privilege over a limited number of documents. Justice Leonie Reynolds granted the adjournment and gave the FAI 24 hours to serve the affidavit. The case will be heard again on Thursday, with the ODCE seeking a legally qualified person to examine the material and produce a report for the court. The FAI had already supplied the requested documents, including minutes of board meetings from 1 January 2016 to 21 March 2019.
In a High Court hearing on 3 May 2019, Justice Peter Kelly was asked whether the first interim report of inspectors investigating Independent News & Media (INM) could be disclosed to INM, the Central Bank, or other parties. The inspectors, appointed in September, had submitted the report to the judge last month. The Director of Corporate Enforcement (ODCE) is the only statutory party entitled to view it, but the court has discretion to allow others. Applications for access were made by the ODCE, former INM chairman Leslie Buckley, former CEO Robert Pitt, journalist Maeve Sheehan, and others who may have been involved in data removal in 2014. The ODCE and the inspectors argued that the report contains references to evidential matters that should not be disclosed, and that releasing it could harm the investigation's progress and reputation. Lawyers for INM and other applicants claimed entitlement to the report, possibly in redacted form, and offered confidentiality undertakings.
In a High Court decision on 3 May 2019, Mr Justice Michael McGrath quashed a Tusla decision that a teenage boy should not be placed in a special care unit. The boy's mother had challenged the Special Care Referral Committee's March and April refusals to seek a court order that would have placed the teen in special care. The court found that the committee had no material to justify its refusal and that the boy's vulnerability and history of violent incidents while under drugs made him a risk to his own health, safety and welfare. The court noted that the boy had previously been subject to a special care order and had received several placements. The mother's application for declarations that the decisions were irrational, unreasonable and breached the teenager's constitutional rights was granted. The case will return for final orders later this month.
James Kavanagh, a stud farmer from Templerainey, Arklow, Co. Wicklow, has filed a High Court judicial review against An Bord Pleanala's decision to allow a solar power facility on land adjacent to his property. The proposed 20‑30 megawatt plant would use solar panels on steel supports, a substation, transformer, security fencing and access roads. Kavanagh argues the board erred by not requiring an Environmental Impact Assessment and by failing to conduct a screening assessment under the EU Habitats Directive. He seeks to quash the board's February 21 decision to grant permission to Highfield Solar Limited for the Ballinclea site and to obtain declarations that the required assessments were omitted. The challenge, which also names Ireland and the Attorney General, was granted ex parte by Mr Justice Seamus Noonan, who set a July hearing and imposed a stay on the development until further court order.
A legal dispute that could have had serious implications for Tonga's Rugby World Cup preparations was withdrawn. The dispute involved a €143,000 judgment obtained by the French media company SARL Team One Events against the Tongan Rugby Union over image rights. Team One Events sought to enforce the judgment through the Irish courts by ordering World Rugby Ltd, registered in Ireland, to pay the company instead of the Tongan Union. The High Court heard the case, and Stephen Byrne BL for World Rugby said the action had been withdrawn by consent. Counsel for Team One Events confirmed the company was consenting to the matter being struck out. The judge vacated all previous orders and adjourned the matter to consider legal costs later in the month.
In a High Court case, former manager Fachtna O'Ceallaigh and his company TAL Management sued singer Sinead O'Connor for breach of contract and defamation. O'Ceallaigh alleged that the management firm had provided services for several years, that a new agreement was substituted in 2011 but not executed, and that O'Connor terminated the agreement in April 2012 without notice, seeking over €500,000 in damages and a declaration that the termination was invalid. He also claimed O'Connor defamed him in a 2012 open letter on her website and a fan site, in response to a newspaper article about their commercial split. O'Connor denied ever having an agreement with TAL or O'Ceallaigh and denied defamation. After negotiations, the parties reached an amicable settlement. The court adjourned the matter to November to implement the agreement, and no further details were disclosed in open court.
The High Court action brought by the International Transport Workers Federation against the State over the Atypical Working Scheme for Non‑EEA crew in the Irish fishing fleet has been resolved. The ITF alleged that migrant fishermen on Irish‑registered trawlers were exploited, underpaid, racially abused, worked to exhaustion and in some cases assaulted, with conditions likened to modern slavery. The State defendants denied these claims. After mediation, Mr Justice Tony O'Connor noted that the proceedings could be struck out without an order, and welcomed the outcome.
Friends of the Irish Environment has lodged a High Court judicial review against the State, challenging new 2019 regulations that permit industrial peat extraction without planning permission, arguing they create a retention mechanism for unauthorised activity. The group claims the regulations, known as the 2019 European Union Environmental Impact Assessment (Peat Extraction) Regulations and the Planning and Development Act 2000 (Exempted Development) regulations 2019, fail to comply with EU directives on environmental protection. The action targets the Ministers for Communication, Climate Action and Environment, Housing, Planning and Local Government, Ireland, and the Attorney General, seeking orders to quash the regulations and declarations that the statutory instruments contravene EU directives on special environmental assessments, habitats and impact assessments.
Philip Rattle, managing partner of August Equity LLP, has filed High Court proceedings in London against a Twitter account he says impersonates him. Rattle claims the account, created in September 2018 using an outlook.com email, portrays him as a "Nationalist, Pro‑Brexit and Anti‑immigration" investor, and has posted defamatory, racist and anti‑immigrant remarks about public figures such as Sadiq Khan and Raheem Sterling. He says the tweets falsely label him a racist, anti‑Semite and bigot, damaging his reputation and privacy. Rattle reports receiving false messages and packages from the account, prompting him to install CCTV at his home. He seeks a Norwich Pharmacal order to compel Twitter and Microsoft Ireland to disclose the identity of the account's operators. The judge granted short notice to both companies and set the case for a return after the Easter recess.
A High Court judge has warned litigants of the consequences of taking bad advice from non-legally qualified persons. Ms Justice Leonie Reynolds made the remarks while granting a fund-appointed receiver, Mr Ken Fennell, possession of a commercial property located at Six Cross Roads in Co Waterford. The action was brought against Mr Paddy Early, Mr Paul Kearney, Mr Eamon O'Neill, and CMD Early Dunmore East Ltd. The judge noted that the defendants had no legal representation and had been badly advised by non-qualified individuals. It was claimed that Mr Early and Mr Kearney had received €2.29m from Ulster Bank in 2008, with the Crossroads Property as security. The loan fell into arrears in 2011, and Promontoria Aran Ltd acquired the loan in 2015. Mr Fennell was appointed a receiver in 2016 and sought possession of the property. The defendants opposed the application and claimed they had no right to be in the premises. The matter had been before the court and adjourned on a number of previous occasions, most recently to allow the parties to obtain lawyers to represent them. Ms Justice Reynolds found that the defendants had no legal defence to the receiver's claim and granted Mr Fennell possession of the premises. The judge also raised concerns over legal submissions from Mr Early, who had consulted Mr William Murphy, prohibited from acting as a legal advisor. Mr O'Neill apologised for a 'scurrilous' letter sent to various parties, including the Gardai. The judge imposed a one-month stay on the order to allow occupants time to find premises and adjourned the matter to a date in May.
In 2019, Galway City Council and Councillor Michael J Crowe issued an unreserved apology to athletes Paul and Richard Donovan after the brothers claimed they were defamed following the cancellation of the 2011 Galway City Marathon. The Donovans sued the Council and Crowe for defamation based on statements that they had delayed informing participants about the cancellation and had failed to honour a donation agreement with the Galway City Sports Partnership. Crowe withdrew the donation allegations on 11 August 2011 but did not apologise for the remarks. The High Court heard that the defamation actions had been settled, and a statement was read in court acknowledging that the Donovans had honoured their donation commitment and had communicated the cancellation promptly. The statement also admitted the earlier claims were false and included an unreserved apology. The court struck out the proceedings, and the Donovans expressed satisfaction with the retraction and apology.
In a High Court case, Revenue sought to freeze assets of the Animal Heaven Animal Rescue charity, claiming a debt of €145,000. The court had issued temporary orders restricting the charity's assets to below €191,000 and preventing transfer of its 37 acres in County Kerry to Athlone SPCA. The charity's trustees, including CEO David Hall, were named in the orders. Mr Hall, appointed to the board in 2018, intends to submit a sworn statement to clarify factual matters and address reputational damage caused by online allegations of fraud. Counsel for Revenue agreed to adjourn the hearing until the affidavit is filed, with the injunction remaining in force until the full hearing in May. The case remains at the pre‑hearing stage, with no verdict yet reached.
In 2019, Mr Edward McDonagh of Galway sued Galway County Council, claiming wrongful seizure and slaughter of his thoroughbred stallion, Chief of Colours, seized in February 2018. He seeks judicial review orders and declarations that the council acted beyond its powers by refusing to release the horse and euthanising it to enforce a disputed debt. McDonagh also alleges the council's policy of detaining horses for unpaid fees and its failure to provide requested information violated his constitutional rights to fair procedure. He seeks damages for the unlawful slaughter. The council denies the claims, stating the seizure was lawful under the 1996 Control of Horses Act, citing breaches by McDonagh and lack of a valid horse passport. The case was opened in the High Court, with the judge reserving judgment until after Easter.
In a long‑running High Court action over the 1996 award of Ireland's second mobile‑phone licence to Esat Digifone, several pretrial motions have been filed. The plaintiffs – Comcast International Holdings Inc, Ganley International Ltd, GCI Ltd and businessman Declan Ganley – argue that the licence was improperly awarded and that the selection process was corrupt and flawed. They seek damages and are requesting the discovery of documents and records from the defendants, which include the Minister for Public Enterprise, the State, businessman Denis O'Brien and former Fine Gael minister Michael Lowry. The defendants deny the allegations and oppose the discovery on the grounds that it is onerous and largely dates back to the mid‑1990s. The discovery motions were opened before Mr Justice Senan Allen on Tuesday, with the hearing expected to last several days. The case remains ongoing.
In a High Court case, environmental activist Peter Sweetman has challenged the Environmental Protection Agency's decision to grant an Industrial Emissions Licence to Michael Noel O'Connor's chicken‑rearing plant in Rathcahill West, Co. Limerick. Sweetman, represented by solicitor Gabriel Toolan and counsel James Devlin SC, argues that the EPA's decision was flawed, lacking jurisdiction and failing to consider EU Habitats, Waste Water and Environmental Impact Directives. He contends the agency did not properly assess the impact of poultry litter, which is removed every six to eight weeks, washed, and largely spread on land or used as compost at a mushroom facility. Sweetman seeks an order quashing the licence, declarations that the EPA erred in law and contravened EU waste directives, and that the assessment was incomplete and unreliable. Mr O'Connor is a notice party. Permission to proceed was granted ex‑parte by Justice Seamus Noonan, with the case set for a June hearing.
The High Court heard a dispute involving the Tongan Rugby Union and the French media company SARL Team One Events over image‑rights payments. Team One Events, which had a contract with the Union in 2014, claims it is owed €143,000 from a French court judgment that has not been satisfied. The company seeks a garnishee order in Ireland to compel World Rugby Ltd, registered in Ireland, to pay the judgment amount to Team One Events instead of to the Tongan Union. The case was adjourned to a later date in the month, with the judge noting the urgency because Tonga is preparing for the 2019 Rugby World Cup in Japan, which starts on 20 September. The dispute centres on alleged breach of the 2014 contract when Tonga used a sponsor's name on shirts without permission, leading to the French claim. The Tongan Union and World Rugby have not yet responded to the application.