A man in his late sixties, whose identity is withheld for legal reasons, has filed a High Court challenge to stop his trial for a series of alleged indecent assaults that he claims occurred more than 30 years ago. He argues that a fair trial is impossible because many witnesses to the alleged events have died, his memory is incomplete and fading, and evidence has been lost over the intervening years. He also alleges that the Gardai's delay in prosecuting him is inordinate, culpable and unfair, and that proceeding with the prosecution would breach his rights to an expeditious and fair trial under the Irish Constitution and the European Convention on Human Rights. Mr Justice Seamus Noonan granted permission for the challenge, placed a stay on the prosecution pending the judicial review, and the case is set to return to court in May.
The High Court adjourned a hearing on the proposed extradition of Liam Campbell, a 54‑year‑old Irishman wanted in Lithuania for alleged terrorism offences and weapons trafficking. Campbell was arrested in Dundalk on a European Arrest Warrant issued by Lithuanian authorities. The warrant alleges he organised the preparation for smuggling weapons to support the Real IRA between late 2006 and early 2007, arranging illegal possession of firearms, ammunition, explosives and substances. The court paused the case because a Lithuanian prosecutor's independence issue has arisen, and the matter will resume on 23 May.
A Dublin taxi driver, Derek Delaney (60), of Connolly Avenue, Inchicore Dublin 8, denied exaggerating his injuries after his vehicle was allegedly rear-ended by another taxi at Dublin Airport on June 27th, 2014. Mr Delaney claimed he suffered neck, shoulder, and soft tissue injuries, and sued Ibraham Enidunmo, with an address C/o Aviva Insurance, Knocknacarra, Galway, for negligence and breach of duty of care. He alleged the defendant failed to keep an adequate look out, caused the collision, and drove in a dangerous manner. The defendant denied the collision occurred as claimed. Mr Delaney stated he did not mention the pain to his GP initially but was later diagnosed with whiplash. He denied exaggerating his claim or that his account was close to fraudulent. He explained he contacted Aviva to resolve the matter without increasing his insurance premium. Counsel for the defendant questioned the lack of colour photos and the absence of damage to Mr Delaney's car in a picture taken by the defendant. Mr Delaney denied exaggerating his injuries and stated his condition was not normal prior to the incident. After cross-examination, the parties entered into talks and the matter was settled, with the case struck out with the consent of both parties.
In a High Court hearing on 28 March 2019, a Garda officer sought to have a YouTube video removed and the identity of its poster disclosed. The officer, represented by Ken Fogarty SC and John Morrissey BL, claimed the video, over three minutes long, contained false and malicious commentary that defamed him, alleging he had assaulted a minor and was "boot'n him." The audio did not match the images, and the Garda's solicitors had been unable to identify the poster. After a temporary High Court order to remove the video was replaced by an undertaking from Google, the court granted a Norwich Pharmacal order. Google, represented by Michael Howard SC, agreed to provide the Garda with information it holds about the poster. The injunction against Google was discontinued, but proceedings against the poster will continue, with no order on costs. The video had received nearly 40,000 views and many comments.
In a Dublin Circuit Criminal Court hearing, Sandra Warren, aged 43, pleaded guilty to robbing a foreign student on May 23, 2016. The student, who had been in Ireland for four days, was led down a lane by Warren after asking for directions. Warren, who was using drugs at the time, grabbed the student's bag, taking her wallet, bank cards and phone. Garda Daniel Hanlon described the victim as traumatised, left confused and with "whiplash injuries," and noted she had difficulty trusting people after the incident. Warren admitted she was under pressure from a man to obtain money and has since ended that relationship. The court adjourned sentencing to July 1, 2019, to allow a psychiatric assessment and to consider a proposal for restitution. Warren has eight prior convictions for robbery, burglary and theft.
A 66‑year‑old man named Alan Clarke, who worked as a security guard at the FÁS Training Centre in Loughlinstown, was found to possess child pornography after he brought his laptop to the centre for repair. The centre's IT staff discovered 41 videos and 28 images depicting boys and girls aged 5 to 15 in sexual activities or poses. Clarke admitted to having a "curiosity" about such material and said he had lost interest the previous month. The material was determined to have been downloaded between March and May 2009. Clarke denied paying for the material and claimed no evidence of sharing or profiting from it. He had a prior assault conviction from 1987. The case was adjourned pending a psychiatric report, with a new hearing scheduled for June 20. The court heard that Clarke did not attempt to destroy the hard drive after being advised to do so. Alan Clarke pleaded guilty.
In March 2019 the Friends of the Irish Environment CLG, an environmental NGO, filed a High Court challenge in 2018 against the Government's 'Project Ireland 2040' National Development Plan and National Planning Framework. The NGO, represented by John Kenny BL and solicitor Fred Logue, argued that the State had failed to properly assess climate‑change impacts. To fund its complex EU environmental law case the NGO applied for legal aid from the Legal Aid Board, but the Board refused, citing that the NGO is not a natural person and is acting on behalf of others. The NGO contends the refusal is unlawful, claiming it is not acting for third parties and that the decision creates an inequality of arms. It seeks an order quashing the Board's refusal, declarations that the Board erred in law, and that the refusal breaches the Irish Constitution, the EU Charter of Fundamental Rights and the Aarhus Convention.
Miriam O'Callaghan has applied to the High Court for an order directing Facebook Ireland Ltd to disclose information about the parties who paid for allegedly defamatory adverts that appeared on Facebook and Instagram in May 2018. The adverts, which used her image and name, are said to contain false and malicious claims, including that she has left her position at RTE's Prime Time to promote a skincare range that she does not endorse. O'Callaghan alleges the adverts have damaged her reputation and exploited public trust, and she seeks a permanent injunction against their publication as well as damages for defamation, unlawful appropriation of personality and breaches of her constitutional rights. The application was adjourned to a hearing before Easter, with Facebook's counsel indicating the need for time to prepare a sworn statement in response. The case remains pending, with no agreement reached on the motion.
A financial fund, Promontoria (Arrow) Ltd, is objecting to a personal insolvency arrangement (PIA) proposed for businessman Conor Clarkson, who would write off over €70 million in debts. Clarkson, a former property developer, seeks court approval of the PIA to restore solvency and retain his family home. The PIA includes a €100 000 lump sum from a relative, available to creditors, and a sale strategy for his properties. Promontoria claims the PIA prejudices it, as it is owed €64 million—about 94 % of its total debts to Clarkson—and voted against the PIA at a creditor meeting in January. The fund's objection was filed outside the 14‑day window, citing a mistaken belief of a March 1 deadline. Promontoria's lawyer, Eoin Martin BL, requested an extension; the court, presided over by Mr Justice Denis McDonald, considered the request and noted the PIA's prudent stance. The case will be revisited later this year.
In a High Court ruling on 21 March 2019, Mr Justice Michael Twomey dismissed the defence of Hirar Properties Limited and its owner, John Philip Ryan, in a case brought by Allied Irish Bank Plc (AIB). AIB sought summary judgement for €2.8 million against the company and €2.25 million against Ryan, claiming the company failed to repay loans secured by the property known as the Globe on Cecil Street, Limerick. Ryan had acquired Hirar in 2008 after AIB expressed concerns that previous owners could not service the loans. The defendants argued that the case should proceed to a full hearing, citing alleged breaches of a collateral agreement that would have enabled a Business Expansion Scheme investment to develop the Globe into a hostel. The court found no credible evidence of such an agreement, concluding that the defendants had no fair or reasonable defence and that no documentary proof of a collateral arrangement existed.
In March 2019 the High Court heard that the Chief Executive Officer of Galway Harbour Company, Eamon Bradshaw, had settled the dispute that had been pending since last year. Bradshaw had previously obtained a temporary injunction preventing the company from terminating his employment, arguing that the company had launched a bogus redundancy scheme to end his three‑year fixed‑term contract signed in 2017. He had served as both Chairman and CEO of the firm that operates Galway Port. The case was scheduled for hearing before Mr Justice Senan Allen, but Mark Dunne BL, counsel for Bradshaw, announced that the matter had been settled and the injunction could be vacated. No further details of the settlement were disclosed to the court. The company had denied all of Bradshaw's claims, and the dispute was now concluded at the High Court stage.
Miriam O'Callaghan, a broadcaster, has filed a High Court claim against Facebook and Instagram for defamation. She alleges that false adverts appeared on social media in May 2018, using her image and name to promote a skincare range she did not endorse. The ads falsely claimed she had left her RTE position to focus on the product, described as a scam. Users who clicked were offered free trials that allegedly debited their bank accounts without authorization. O'Callaghan seeks a permanent injunction to stop the adverts and damages for malicious falsehood, unlawful appropriation of personality, breaches of constitutional rights and defamation. Her lawyers have obtained a Norwich Pharmacal‑style order from Facebook Ireland to disclose the identities of the advertisers, as Facebook has not removed the ads despite prior requests. The case is set to return to court next week.
A High Court judicial review brought by Defence Forces Head of Legal Services Colonel Jerry Lane against the Minister for Defence, Ireland, and the Attorney General has been resolved. The case, heard before Mr Justice Michael Twomey, concerned the State's refusal to provide Col Lane with an independent report into his allegations of corruption and misconduct within the military. Col Lane, from Bandon, Co Cork, alleged that preferential treatment was afforded to another officer and that he faced penalties, including threats of dismissal, after making a protected disclosure to Seanad Éireann in 2011. In 2016, the Minister appointed Colm Smyth SC to conduct an independent review, but the Department of Defence decided not to rely on or publish the resulting report, instead commissioning a fresh review by Frank Callanan SC. Col Lane sought an order quashing the refusal to provide the Smyth report, arguing it breached his constitutional rights and fair procedures, and claimed damages. The State parties, represented by Margaret Nerney SC and Ronan Kennedy BL, denied any wrongdoing and argued Col Lane was not entitled to the reliefs sought. Following discussions, Col Lane's counsel, Roughan Banim SC, informed the court that the case had been settled. Col Lane is no longer seeking the independent report, and the proceedings were withdrawn, with the case potentially struck out.
In a Central Criminal Court hearing, 31‑year‑old Graham Doyle pleaded guilty to four counts of sexual assault and one count of rape of a 13‑year‑old girl between August 2004 and March 2005. Doyle, who had previously been convicted of defiling a child in 2011, met the victim on a social networking site while claiming to be a teenager. He convinced her to keep their relationship secret, invited her to his home, and engaged her in sexualised truth‑or‑dare games. The abuse escalated to forced oral sex and two instances of sexual intercourse. The victim, who came forward in 2013, described being psychologically coerced and expressed deep trauma. The court adjourned sentencing for March 29, 2019, and Judge White emphasized that the victim was innocent and should not be blamed for the abuse.
The High Court adjudicated Michael McKevitt, Colm Michael Murphy, and Liam Campbell bankrupt following a civil action related to the 1998 Omagh bombing. Ms Justice Teresa Pilkington issued the orders after finding that the criteria under the 1986 Bankruptcy Act were met. The applications were brought by solicitor Gary Daly, acting for relatives of the 29 victims killed in the Real IRA attack. In 2009, the Belfast High Court found these men, along with Seamus Daly, liable for the bombing and ordered them to pay £1.6m in damages, a decision upheld by the European Court of Human Rights. All defendants have consistently denied involvement. The court heard that demands for approximately €439,000 from each man went unpaid. McKevitt, who is terminally ill, was represented by counsel noting his lack of assets and reliance on the State pension. Murphy's counsel stated he lacked firm instructions regarding the application. Campbell, who sought legal aid, did not appear. Counsel for the applicants argued against further adjournments, noting previous correspondence and service of documents. The judge determined that no further adjournments were appropriate and satisfied the statutory requirements for bankruptcy, resulting in the adjudication of all three individuals.
Gavin O'Donovan, 30, was arrested after attempting to set an unmarked Garda patrol car on fire outside Rathmines Garda Station. He had placed blue industrial tissue paper soaked in diesel into the car's exhaust, carried a lighter and matches, and later admitted to drinking 12 cans of lager and vodka, feeling suicidal and worried for himself. Garda Niall Freaney and defence lawyer Rory Mulvany described O'Donovan as not in his right mind and suggested his actions may have been a cry for help. Judge Cormac Quinn noted the diesel would not have ignited but found O'Donovan's intentions clear. He pleaded guilty to attempted arson on November 9, 2018, and was given a suspended two‑year prison term, with the judge recognising his efforts to address substance addiction and his remorse for the night's actions.
John Downey, 67, appeared before the High Court to seek leave to appeal a recent order for his extradition to Northern Ireland. He is alleged to be involved in the 1972 murder of two British Army Infantrymen, Lance Corporal Alfred Johnston and Private James Eames, in Enniskillen, as well as aiding and abetting the causing of an explosion. Downey's counsel, Garnet Orange SC, argued the case was unique, citing questions regarding the historic role of gardaí in obtaining and preserving critical evidence. Counsel also referenced "catastrophic failures" by Northern Irish authorities concerning Downey's aborted 2014 trial for the 1982 Hyde Park bombing, which collapsed due to "comfort letters" issued by the Tony Blair government. Justice Aileen Donnelly, presiding over the extradition matter, was scheduled to deliver a decision on the application for leave to appeal. The report notes that Downey is wanted to face prosecution for the alleged offences, but no final judgment on the appeal application was recorded in the text provided.
The High Court has ruled that Galway-based KPW Business Forms Ltd, trading as KPW Print, is entitled to its legal costs in a judicial review action brought against the State Examinations Commission (SEC). Mr Justice Max Barrett held that the applicant, which had previously operated an online marking pilot scheme for the SEC, was entitled to costs estimated in the five figures. The case concerned the SEC's decision to award a €5m tender for an online marking system for Leaving and Junior Certificate exam scripts to a rival UK firm, RM Results. KPW Business Forms Ltd challenged this decision, alleging flaws and bias, while the SEC denied any wrongdoing. The proceedings became moot when the SEC withdrew the tender the month after the action was filed. The judge determined that the SEC's unilateral decision to withdraw the contract rendered the proceedings moot, rather than an external factor outside the parties' control. He noted that the SEC could have arrived at an alternative decision or engaged with the court within the tendering process. Consequently, the court rejected the SEC's argument that each side should bear its own costs and ordered the SEC to pay the applicant's legal costs.
Irish Ferries has lodged a High Court challenge against a National Transport Authority (NTA) decision that it must pay compensation to thousands of passengers whose summer sailings between Ireland and France were cancelled. The company argues the cancellations were caused by a delay of the new ferry WB Yeats, which was delivered some 200 days late by the German shipyard Flensburger Schiffbau-Gesellschaft. The NTA issued two notices requiring Irish Ferries to compensate passengers who had to travel from Rosslare instead of Dublin, from Roscoff instead of Cherbourg, and those delayed in reaching their final destination. Non‑compliance could result in a fine of up to €250,000. Irish Ferries contends the notices are invalid, irrational, and breach its constitutional and EU rights, and claims the NTA misinterpreted relevant EU regulations.
In a legal dispute over the selection of a representative to the board of Horse Racing Ireland, the Minister for Agriculture has invited submissions from both parties. Businessman James Gough, who has served as the Association of Irish Racehorse Owners' (AIRO) nominee to the board since 2015, has initiated High Court proceedings, alleging that AIRO's Council has prevented his name from being put forward to the 2000‑strong membership and that another person's name has been presented as the nominee. Gough seeks an injunction to restrain AIRO from holding a general meeting solely to elect a nominee until the Minister determines the matter, and also seeks an order preventing AIRO from nominating a member to the board. AIRO, represented by Frank Crean BL, maintains that its nomination process follows the organisation's rules and has denied Gough's claims. The Minister, noting the dispute, has agreed to accept submissions from both sides on the appropriate method of election.
In March 2019 the High Court heard an injunction case brought by the Health Services Executive (HSE) against Mr Eamonn Murphy, who the HSE says has set up a website called www.myoptions.website that it claims is a misleading passing‑off of the HSE's crisis pregnancy service 'MyOptions'. The HSE had obtained a temporary injunction preventing Mr Murphy or anyone under his control from using the domain or any variation of the term 'my options' until a further court order. Mr Murphy denies wrongdoing, seeks to lift the injunction and has asked for more time to secure legal representation. The HSE, represented by Jonathan Newman SC and Michael Binchy BL, is prepared to keep the injunction in place until the full hearing. The judge adjourned the case for a month, leaving the injunction in effect, and declined to order the HSE to stop using the name 'My Options'.
In a High Court hearing, businessman Peter Conlon, founder of the charity‑fundraising platform Pembroke Dynamic, was alleged to be suffering from Post‑Traumatic Stress Disorder after a year of solitary confinement in a Swiss prison. The court received an email containing a GP letter describing Conlon's detention in Zurich from 22 December 2017 to 22 December 2018, during which he was held 23 hours a day. The letter reported flashbacks, anxiety, insomnia and other PTSD symptoms, and noted that Conlon had not purchased prescribed medication due to financial constraints. Conlon's liquidator, Myles Kirby, seeks orders making him personally liable for the company's debts and has obtained injunctions freezing Conlon's assets, including bank accounts, to prevent their reduction below €3.8 million. The matter was adjourned for five weeks, with the judge directing Conlon to appear within two weeks and file a sworn statement of his medical conditions.
Assistant Garda Commissioner John Fintan Fanning's application for an injunction to lift his suspension was struck out after the suspension was removed earlier in the week. The High Court heard that Fanning is continuing his main action against the Garda Commissioner, seeking declarations that the suspension was unlawful and damages. Paul McGarry SC told Justice Leonie Reynolds that the Garda Ombudsman had dropped its investigation, leading to the suspension's removal on Monday. The injunction application could be struck out, but the main action remains. A timetable for pleadings has been agreed, and the case may be adjourned to a mention in late May. Shane Murphy SC for the Commissioner rejected Fanning's claims, noting the suspension was lifted within an hour of notification that the GSOC investigation was not proceeding.
A farmer from near Strokestown in County Roscommon has initiated High Court proceedings against KBC Bank and several related parties following an attempted eviction of his family home in December 2018. David McGann, represented by solicitor and counsel, is seeking various declarations and orders, including preventing any party from taking possession of the property. The eviction attempt attracted significant national attention after security operatives were forced from the property by masked individuals. That incident, which resulted in alleged assault on security personnel, vehicle fires, and the death of a dog, remains under Garda investigation. The McGanns subsequently regained access to their home. Mr McGann's action names KBC Bank, Trinity Asset Managerial Services Ltd, GS Agencies Ltd, Local Authority Services Ltd, and Aidan Devlin, whom he alleges are bank agents, alongside the County Registrar of Roscommon. He seeks declarations that the defendants acted unlawfully and breached his constitutional rights and European Convention protections during the December execution attempt, and claims damages for trespass and defamation.
In a High Court decision on 26 February 2019, Mr Justice Senan Allen dismissed a teacher's application for a permanent injunction that would have stopped the Teaching Council of Ireland from notifying the National Vetting Bureau (NVB) about concerns over his relationship with a former student. The judge found "abundant justification" for the council's concern following an investigation into the teacher's conduct with a 19‑year‑old male student. Allegations included the teacher allowing the student to consume alcohol while alone with him, being under the influence of alcohol himself, and attempting to remove the student's tracksuit bottoms. The council had also received complaints that the teacher had sent messages asking the student to retract information given to the school principal and Gardaí.
Galway-based KPW Business Forms Ltd, trading as KPW Print, is seeking its legal costs in a judicial review case against the State Examinations Commission (SEC). The company, which had previously operated an online marking pilot scheme for the Leaving Cert and Junior Cert, challenged the SEC's decision to award a €5m tender for an online marking system to a rival UK firm, RM Results. KPW alleged the award was flawed and claimed bias. However, a month after KPW secured permission to bring the action, the SEC withdrew the tender, rendering the proceedings moot. The SEC denied KPW's claims and any wrongdoing in correspondence. At the High Court, KPW's counsel, James Doherty SC, argued the company was entitled to costs because the tender was cancelled due to their action, noting no formal reason was given for the withdrawal. The SEC opposed the application, with counsel Eileen Barrington SC arguing for an order that both parties pay their own costs. Mr Justice Max Barrett reserved his decision on the costs application, stating he would rule in two weeks. The matter remains pending this decision.
Perrigo Pharma International Designated Activity Company has filed a High Court challenge to overturn a €1.6 billion corporation tax demand issued by the Revenue Commissioners. The dispute stems from a Notice of Amended Assessment for 2013, which changed the tax treatment of the sale of intellectual property for the MS drug Tysabri. Originally taxed as trading income at 12.5 %, Revenue reclassified the transaction as a chargeable gain subject to a 33 % rate. Perrigo, which acquired Elan's interest in the IP eight months after the sale, argues that it had a legitimate expectation to be taxed at the 12.5 % rate, based on a 10 % rate under the 1997 Taxes Consolidation Act that was increased to 12.5 % in 2005. The company seeks to quash the amended assessment for the period 1 January 2013 to 31 December 2013 and to obtain declarations that the assessment is unfair, breaches Perrigo's legitimate expectation, and interferes with its constitutional property rights.
The Health Services Executive obtained a temporary High Court injunction against Mr Eamonn Murphy, who set up a website called www.myoptions.website that the HSE says mimics its crisis pregnancy service 'My Options'. The injunction, granted by Ms Justice Leonie Reynolds, bars Mr Murphy or anyone under his control from using that domain or any variation containing 'my options' until further court order. Mr Murphy, who denies wrongdoing, argued that the HSE caused the confusion and that his website offers legitimate pregnancy services. He also threatened to counter‑action the HSE's official site. The HSE claims Mr Murphy's site misleads women seeking its free‑phone counselling and that it damages the HSE's reputation. The case will return to court in two weeks.
In a High Court case in Dublin, businesswoman Ali Barker sued former partner Owen Owens over a claimed 50 % share in a property business they said had been built together. Barker also sought declarations that the company was a quasi‑partnership and that she was entitled to reliefs under the 2010 Civil Partnership Act, and she claimed damages. Owens denied any partnership existed and counter‑claimed that Barker should vacate the house she currently occupies. On 14 February 2019 the parties announced a settlement and the court struck out the proceedings. No settlement terms were disclosed. Judge John Jordan congratulated the parties, noting that resolving the dispute themselves avoided a potentially different court judgment. The case had been expected to last up to ten days before settlement. The parties had been together for 17 years before separating in 2010. The dispute centred on alleged business and property entitlements, not on any criminal conduct.
In February 2019 the High Court heard a dispute brought by James Gough, the long‑time nominee of the Association of Irish Racehorse Owners (AIRO) to the board of Horse Racing Ireland (HRI). Gough, who has represented AIRO on the HRI board since 2015, claims that AIRO's Council has prevented his name from being put forward to the membership and that another person has been nominated instead. He argues that the Minister for Agriculture, Food and the Marine must decide the matter and that AIRO should not proceed with the nomination of the other person until a ministerial decision is made. AIRO's lawyers counter that the nomination is valid, follows the organisation's rules, and that Gough has no right to bring proceedings. Gough seeks orders to restrain AIRO from holding a general meeting to elect a nominee and from nominating a member to the HRI board.
The Health Services Executive (HSE) has initiated High Court proceedings against Mr Eamon Murphy, alleging that he has created a misleading website, www.myoptions.website, which closely resembles the HSE's official crisis pregnancy service, My Options. The HSE claims that the site offers pregnancy scans, discourages abortions, and criticises those who choose termination. It also alleges that the site displayed Mr Murphy's phone number, promised a free ultrasound, and once hosted a video linking cancer to abortion. The HSE says the website was registered shortly after the Minister for Health announced the HSE service name, and that it causes substantial confusion and damages the HSE's reputation. The HSE seeks an injunction preventing the use of the sign 'My Options' or similar, an order to transfer the domain to the HSE, and the destruction of promotional materials bearing the brand.
A financial services company has secured a High Court injunction preventing EBS from terminating an agency agreement to operate three of the building society's branches in Athlone, Longford and Lucan. Betty Martin Financial Services Ltd obtained the injunction from Mr Justice John Jordan on Wednesday, which remains in place pending full resolution of the dispute. BMFS claims the termination followed its refusal to engage in alleged mis-selling of financial products, contrary to Central Bank guidelines. EBS denies the allegations and opposed the application. The judge concluded that BMFS had established a serious issue to be tried and that damages would not constitute adequate remedy. He found no satisfactory explanation from EBS for the proposed termination and noted that the parties had worked together successfully for many years. The judge encouraged both sides to pursue mediation. The case was adjourned for two weeks for final orders.
The State has proposed to mediate several damages actions brought by retired Garda Sergeant and whistleblower Maurice McCabe. The High Court heard that the State plans to send an open letter to McCabe's solicitors, seeking to resolve the cases through mediation. The mediation offer was raised during proceedings involving McCabe's claims against the Garda Commissioner, the Minister for Justice, the Attorney General, and former Garda Commissioner Martin Callanan. The State's legal team stated that they had not filed a defence as it would not aid the mediation process. The proposed mediation would cover all cases brought by McCabe against the State. The State's legal team emphasized that the mediation was in the public interest. McCabe's legal team expressed concerns about further delays in the cases. The judge adjourned the case for three weeks. Separately, pretrial motions in actions brought by McCabe, his wife, and their four children against the HSE and Tusla were also discussed.
In a High Court case, the HSE agreed to orders requiring it to assess the health and educational needs of three siblings suspected of autism within eight weeks. The mother, represented by Feichin McDonagh SC and Brendan Hennessy BL, had brought judicial review proceedings after the HSE failed to commence assessments following an application submitted in late March 2018. She argued that under the 2005 Disability Act, assessments must begin within three months of receipt of the application. The court granted permission to bring the review ex‑parte in December, and when the matter returned, Mr Justice Seamus Noonan noted the HSE's consent to the orders. The children's claims for damages, including aggravated damages for alleged breach of duty, remain pending and have been adjourned for three weeks. The case is one of many similar proceedings alleging delays in assessing children's needs.
A High Court judge will deliver judgment next week on an application for an interim injunction in a dispute between Betty Martin Financial Services Ltd and EBS. BMFS operates EBS branches in Athlone, Longford and Lucan under a tied agency agreement. The company seeks to prevent EBS from terminating this agreement, arguing the termination is invalid and motivated by BMFS's refusal to engage in alleged mis-selling of financial products. BMFS contends that when it declined to undertake activities it regarded as unprofessional and contrary to Central Bank guidelines, EBS moved to end the arrangement. EBS denies the allegations and maintains it is entitled to terminate the agreement. The bank further argues that BMFS only raised mis-selling complaints after EBS initiated termination proceedings in 2017, and that no evidence supported such claims. Following a three-day hearing before Mr Justice John Jordan, judgment on the interim injunction application is expected within the coming week.
Kevin Braney, the Dublin leader of the New IRA, was convicted of murder for the killing of dissident republican Peter Butterly. The New IRA, formed in 2012 from remnants of the Real IRA, Republican Action Against Drugs, former Provisional IRA activists and criminal elements, is regarded by the gardai and PSNI as the biggest terrorist threat in Ireland. Braney's conviction followed extensive garda operations involving the Special Detective Unit, Garda Security and Intelligence and the National Surveillance Unit (NSU). NSU members observed Braney's movements before, during and after the murder, and provided evidence in court, though the public were excluded from the proceedings. Braney was also convicted of IRA membership in 2022 and is serving a four‑year sentence in Portlaoise Prison. The New IRA remains a primary target of Garda Security and Intelligence, with about 50 active members and several hundred sympathisers across the island.
Mr David Lewis Smith has brought a copyright infringement claim in the High Court against the members of One Direction, former member Zain Malik, UK songwriter Jamie Scott, US songwriters Julian Bunetta and John Ryan, and several music publishing companies. He alleges that the 2014 One Direction single "Night Changes" infringes his musical work. Smith's solicitors, Smyth & Son, seek damages and various discovery orders. They request documents related to the composition, writing, and earlier drafts of the song, as well as records of sound recordings, alternative versions, performance, sale, distribution, publication, downloads, and worldwide earnings. The defendants, represented by Gleeson, McGrath, Baldwin Solicitors and Matheson Solicitors, deny the allegations. A pre‑trial motion was listed before Ms Justice Leonie Reynolds, and the case is set to return to court in early March. No parties were present at the hearing.
In February 2019, a High Court case involving Jean Philippe Grenet, director of Electronic Arts Ireland, was settled after a mediation before Mr Tom Mallon BL. Grenet, aged 56 and former Director of global delivery service, had previously secured an injunction preventing his dismissal from a €160,000 position. The settlement allowed all prior orders to be vacated and the case struck out. EA confirmed the withdrawal of the original termination and acknowledged Grenet's senior role in the customer experience team, wishing him well. No further settlement details were disclosed. Grenet had been dismissed in November over an alleged inappropriate comment made during a video call with a colleague in Austin, Texas. He denied the claim, stating he had said, "I don't want to compare the length of my dick," and accepted the remark was clumsy. EA had denied wrongdoing and justified the no‑fault dismissal on December 10th. The judge welcomed the settlement.
In a High Court hearing, the Criminal Assets Bureau (CAB) argued that €10,700 found in a ladies' knee‑high boot and a man's jacket during a Garda search of Lisa Moore's home in Tallaght was proceeds of crime. The money was discovered on 31 August 2016. Moore denied the claim, stating the cash came from the sale of a car she owned, while her partner Robert Keeley made no comment. CAB's application was set to be heard by Justice Carmel Stewart, but the matter was settled after lawyers from CAB and Moore negotiated. CAB maintained that Keeley is linked to organised crime and has convictions for traffic offences, and that the couple's lifestyle and the property's high‑end security features suggested illicit income. The settlement allowed CAB to seek an order deeming the cash proceeds of crime under the 1996 Proceeds of Crime Act. The case was resolved before a final court order was issued.
Stephen Browner, aged 36, received a suspended 20‑month prison sentence for eight counts of sexual assault against a girl aged eight to ten while he was a teenager between December 1997 and December 1999. The court heard Browner admitted guilt and expressed remorse, describing intense feelings of shame. Judge Sinéad Ní Chúlacháin noted the victim's lasting sadness and the impact on her view of love. Browner was ordered to complete all Probation Service treatment programmes, including victim‑awareness training, and to inform future partners of his sex‑offender register status. He was found to be a minor at the time of the offences, 14 to 16 years old, and was considered a low risk of re‑offending. The judge emphasised that Browner had not yet taken concrete steps such as counselling. The victim's family had reported the abuse in 2016, and Browner's apology letter was rejected by the victim's family. Stephen Browner pleaded guilty.
A 16‑year‑old boy pleaded guilty to five counts of oral rape and 44 counts of sexual assault against his eight‑year‑old half‑sister between 1 September 2016 and 31 January 2017. He admitted to removing her clothes, masturbating while looking at her, penetrating her vagina with his fingers, placing his penis in her mouth, and rubbing his penis on her vagina and anus, but denied penetrating either. He said he was copying what he had seen on the pornographic website PornHub. The mother discovered the abuse on 30 January 2017 when she entered the living room and found her son inappropriately touching her daughter. She filed a complaint, and the boy was arrested. In court, she described the shock and horror of discovering her daughter's innocence had been violated, and she expressed grief for both her daughter and her son.
The High Court appointed a provisional liquidator, Mr Micheál Leydon, to CKSK Limited, a Dublin‑based digital marketing firm that has lost 22 jobs. CKSK, which had clients such as VHI, Pepsico, Sony, Irish Distillers Pernod Ricard, Heineken and Three Mobile, became insolvent after contracts were cancelled or failed to materialise, and a sale of the company was not possible due to concerns over Brexit. The court was satisfied that the company could not pay its debts. CKSK, founded in 2006, had been profitable until 2017 but recorded an operating loss of €283,000 and a net loss of €738,000 for the year ending 2018, with a deficit of €852,000. The provisional liquidator will finish existing contracts, collect invoices, and explore the sale of parts of the business. The case will return to court in February.
John Fintan Fanning, Assistant Garda Commissioner, has applied for a High Court injunction to lift his suspension pending the outcome of a Garda Síochána Ombudsman Commission investigation. He argues the suspension is unfair and unlawful, seeks orders to restrain the Commissioner from communicating "false" information about him, and to compel cooperation with the GSOC investigation. Fanning also claims damages. The court has granted his lawyers permission to serve short notice of proceedings against the Commissioner. The matter was briefly mentioned before Ms Justice Leonie Reynolds, who agreed to fix the injunction for a hearing on February 13th. The hearing will involve sworn statements from both parties, with a timetable for exchange already agreed. Fanning, due to retire in August after nearly 39 years, maintains he had no role in the alleged wrongdoing and rejects all allegations. The case will be heard pending the final outcome of his challenge.
Diarmuid O'Donovan, a senior administrator for the Cork GAA County Board, secured a temporary High Court injunction that stops the board from terminating his employment. O'Donovan, who has worked in the €55,000 a year role since 2013 to support the board while the Pairc Ui Chaoimh stadium was rebuilt, was told in a brief meeting last week that his position would be discontinued and he would be made redundant. He claims the decision is linked to the controversial cost overrun on the stadium project and that he has been marginalised and excluded from meetings. O'Donovan also says he was offered a redundancy payment of about €20,000 and that a WhatsApp message was sent to board members announcing the termination. The injunction was granted ex‑parte by Justice Leonie Reynolds and the case is set to return next week.
Professor Kieran Byrne, the former president of Waterford Institute of Technology, has lost his High Court action regarding his non-reappointment to the role. In a judgment delivered on Tuesday, Mr Justice Senan Allen rejected Prof Byrne's claim that he was entitled to be reappointed as WIT President in 2011. The judge determined that no member of WIT's governing body informed Prof Byrne he would be reappointed. Although Prof Byrne alleged that a selection board member and the Public Appointments Board indicated his selection, the court found he could not legitimately believe those parties spoke for the governing body. Prof Byrne, who served as President from 2001 to 2011, sought declarations that the governing body's decision not to ratify his appointment was null and void, along with damages for negligence, breach of contract, and misrepresentation. He argued the selection process was flawed and that the decision was influenced by media reports on office expenditure. WIT denied wrongdoing, stating the decision followed a transparent process. The judge concluded that appointing the president is a function of the governing body, not the subcommittee that recommended Prof Byrne's reappointment. The court held that the governing body was entitled to consider freedom of information requests concerning expenditure. Consequently, the judge dismissed the claims, noting that even if Prof Byrne mistakenly assumed reappointment, there was no evidence the governing body shared that assumption.
The High Court ruled that €14,850 seized from Paul Morgan, an English national, was proceeds of crime. Morgan was arrested after a high‑speed car chase in Finglas, Dublin, where Gardai observed suspicious driving. Following the pursuit, Morgan was searched and found to have just over €13,000 in a bag in his jacket and about €800 in his sock. He denied ownership, claiming the money was not his problem. The Criminal Assets Bureau (CAB) argued that Morgan, aged in his late 30s, had no legitimate source of income and had previous convictions, including a 12‑year sentence in 2007 for transporting €3 million of heroin into Ireland. CAB had secured freezing orders and sought to have the cash deemed proceeds of crime. Morgan was served with the application at several addresses in Liverpool but did not contest it or attend court. The judge confirmed the cash as proceeds of crime after CAB's notification efforts.
In a High Court hearing on 15 January 2019, Assistant Garda Commissioner John Fintan Fanning's challenge to his suspension pending a Garda Síochána Ombudsman Commission investigation was adjourned for a week. Fanning, who has served nearly 39 years and is due to retire in August, claims the suspension is unlawful and unfair, seeks orders lifting it, restraining the Commissioner from communicating "false" information, and directing cooperation with the GSOC investigation, and also seeks damages. He alleges that GSOC received a protected disclosure from a rank‑and‑file Garda on 3 December, and that he was asked to provide information within 30 days, which he did by 20 December. GSOC then served a notice of a complaint under the Protected Disclosures Act, involving allegations that a Garda was removed from a firearms course after Fanning's intervention and that the same Garda was later involved in an assault.
Silvergrove Nursing Home in Clonee, Co Meath, has filed a High Court challenge against a decision by the State's Chief Inspector of Social Services that cancelled its registration as a designated nursing home. The owners argue the cancellation was based on non‑existent legislative provisions, citing Section 52(1)(b) of the 2007 Health Act and the 2017 Health Act, which do not exist. They also claim the decision relied on inspection reports from February and June 2016, which showed the facility was compliant in most areas, and an October 2018 report by HIQA, an agency they say has no role in monitoring nursing home compliance. The challenge seeks to quash the cancellation, declare procedural unfairness, and stay the notice until the case is heard. Permission to proceed was granted ex‑parte by Mr Justice Seamus Noonan, with the matter scheduled for a March hearing.
The High Court has reserved judgement on two judicial review actions challenging the Child and Family Agency's (CFA) policy of deferring special care orders for at‑risk children until a place becomes available. The cases involve two teenage boys whose chaotic lifestyles have put their health and safety at risk. The CFA's National Special Care Referrals Committee had deemed them at immediate risk and in need of placement, yet the agency has delayed applications for special care orders. The boys' lawyers, Michael Lynn SC and Gerard Durcan SC, seek orders quashing the CFA's deferral, declarations that the agency has failed to protect their rights, and that its policy breaches constitutional obligations and is unlawful. The CFA, represented by Conor Dignam SC, argues the policy does not breach rights, citing resource and staffing shortages. Ms Justice Mary Faherty has reserved her decision after hearing all submissions.
In a High Court hearing on 21 December 2018, Justice Teresa Pilkington dealt with a dispute between Nokia Ireland and its landlord, Clyde Real Estate Blanchardstown Ltd, over the failure to provide heating, ventilation and air‑conditioning (HVAC) services in a commercial office in Dublin. Nokia, employing 100 people, alleged that the office conditions were "Arctic" and that the landlord had breached the 2015 lease by shutting down the old HVAC system without notice. The judge had initially ordered Clyde to reactivate the old HVAC system and reconnect hot water to Nokia's offices. However, after counsel for Clyde explained that the old system could not be restarted because a new HVAC unit was being installed, the judge stayed the order. The case will return to the High Court at the end of January for an update on the new HVAC installation, and both parties were granted permission to return to court on 24‑hour notice if needed.