In a High Court case, Jean Philippe Grenet, 56, director of global delivery service for Electronic Arts Ireland, secured an injunction preventing his employer from dismissing him from his €160,000 post. Grenet had been initially dismissed in November after an alleged inappropriate comment in a one‑to‑one video call with a colleague. EA claimed the dismissal was on a no‑fault basis and had withdrawn the initial decision, but later terminated his employment again on December 10, giving him one month's notice. Grenet's lawyers argued the second termination was a sham linked to the first decision. The judge, Mr Justice Tony O'Connor, granted the injunction, ordered EA not to appoint anyone to Grenet's position pending further order, and directed that he be paid his salary and benefits during the period. The case was adjourned to a January hearing.
James Jack, aged 20, pleaded guilty to assault causing harm after an incident on Custom House Quay on 6 February 2016. He was 17 at the time of the assault, which involved three men who were trying to stop vandalism of public rental bikes. Jack joined the attack after a phone call and was seen on CCTV throwing punches and kicks. One victim, Markus Thomas, suffered a fractured left eye socket and a tear to his right shoulder, though the article does not state who inflicted the injuries. Jack had no prior convictions and had not been involved with Gardaí since. Judge Karen O'Connor imposed an 18‑month probation bond, noting aggravating factors such as the vandalism and Jack's violent behaviour, and mitigating factors including his guilty plea, youth and cooperation with CCTV evidence. The judge urged Jack to learn from the incident and move on.
The High Court has granted freezing orders against a financial advisor and two associated companies following allegations that approximately €159,000 advanced as an investment was misappropriated. Ms Justice Leonie Reynolds made the orders in favour of Mr Jamie Murphy, who claims Mr James Doherty, trading as Demvera Capital Partners, used funds transferred in 2017 for personal purposes rather than investing them in a disability care company as agreed. The injunctions, also made against Demvera Trust unlimited Company, prevent the defendants from reducing assets below €159,000, including sums held in bank accounts in Dublin and Donegal. The court heard that despite requests for return of the investment, Mr Doherty has provided only excuses and assurances without repaying the money. Mr Doherty's whereabouts are currently unknown, though believed to be in the United Kingdom. The matter will return to court in January.
The High Court heard that Electronic Arts Ireland was fully entitled to dismiss director Philippe Grenet, 56, on December 10, 2018. EA argued the termination was lawful, based on Grenet's contract and a "no‑fault" basis, and that it had no obligation to give a reason. Grenet had previously been dismissed for alleged misconduct after an inappropriate remark during a video call with a female colleague. EA withdrew the first dismissal but later terminated his employment again, giving him one month's notice. Grenet sued to prevent his dismissal as director of global delivery service, seeking a temporary injunction, which the court granted earlier this month. EA denied wrongdoing and rejected claims that the second dismissal was invalid or breached the injunction. The case was before Mr Justice Tony O'Connor, who was expected to decide on Friday. The proceedings remain at the injunction stage.
James Ahearne, 49, pleaded guilty to assaulting his brother Mark Ahearne, who he was caring for, on three occasions in August and September 2017. The assaults resulted in Mark's fractured arm and bruising on his ribs. Mark withdrew his complaint in October 2017. Judge Melanie Greally, noting Mark's significant psychiatric condition and the context of caregiver stress, imposed an 18‑month suspended sentence on James, fully suspended on the condition that he seek any support he requires as a carer. She also ordered 12 months of supervision with the Probation Service and required James to accept all assistance offered for his employment and accommodation needs. No jail time was imposed. The case was heard in the Dublin Circuit Criminal Court.
In a High Court hearing, Philippe Grenet, 56, former director of Electronic Arts Ireland, argues that his dismissal as director of global delivery service was unlawful and that a second dismissal was a sham. Grenet was initially dismissed in November after an alleged inappropriate remark during a video call. He denies the remark and claims it was a clumsy, ill‑advised expression. A temporary injunction was granted ex‑parte and he seeks to keep it until the full hearing. EA, represented by Mark Connaughton SC, maintains that it was entitled to dismiss him under his contract. The case, opened before Mr Justice Tony O'Connor, is expected to conclude on Wednesday. The court will consider whether the first dismissal lacked proper investigation and fair procedures, and whether the second dismissal was technically flawed because the decision was made by a senior employee of EA's American parent rather than an officer of the Irish company.
In a High Court decision dated 18 December 2018, Ms Justice Carmel Stewart awarded more than €1 million in damages and interest to a group of twenty Portuguese workers who had been employed by three Portuguese companies—Rosas Construtores SA, Constructocoes Gabriel AS Couto SA and Empresa Deconstrucoes Amandio Carvalho SA—under the RAC Eire Partnership. The workers had been building a section of the N7 motorway between Limerick and Nenagh in 2007‑2008 and claimed they were treated appallingly, underpaid, and housed in a cramped, fire‑hazardous prefab building with no drinkable water, unreliable showers and foul wastewater. They alleged unreasonable wage deductions for accommodation and laundry, and that the employers kept fraudulent records of hours worked. The judge found the employers breached numerous employment regulations, including the Organisation of Working Time Act, and ruled the workers were entitled to damages of €818,000, with the final award expected to exceed €1 million after interest.
In a High Court hearing on 18 December 2018, Tom Morrin agreed to comply with orders to vacate 50 acres of land at Caragh, Naas, Co Kildare. He will surrender vacant possession, remove all machinery and livestock, and will not interfere with the receiver's agents, Mr Tom Kavanagh of Deloitte Ireland. The court had previously found that Morrin was in breach of orders issued in July 2017 and dismissed his applications to have the receiver's case dismissed as frivolous, vexatious and an abuse of process. Morrin also agreed not to appeal the 2017 decision and to withdraw his appeal against the orders. A stay on the orders will remain until February, when the matter will return to court. The receiver, appointed in 2013 by Bank of Scotland Ireland, had brought proceedings for Morrin's alleged contempt of the 2017 orders. The case involves ongoing disputes over possession and the use of the land.
A Dublin man has sought freezing orders from the High Court against a financial advisor and two associated companies over the alleged non-return of €159,000 advanced as an investment in 2017. Jamie Murphy claims that James Doherty, operating as Demvera Capital Partners with a registered address in Dublin 4, misappropriated funds intended for investment in a disability home-care firm. One of the defendant companies, Demvera Trust unlimited Company, is registered at Burnfoot Business Park in County Donegal. Murphy contends the money, drawn from a trust fund and personal savings, was never invested as agreed. Efforts to recover the funds have been unsuccessful, with arranged meetings cancelled by Doherty, who cited ill health. Murphy's private investigator has been unable to locate Doherty, believed to be in the UK. Doherty does not appear on any registered accountancy body roll in Ireland, Northern Ireland, or the UK. Ms Justice Leonie Reynolds granted permission on an ex-parte basis to serve short notice of proceedings. The matter will return to court later that week.
The High Court approved the extradition of a 79‑year‑old Irish‑US citizen to New York, where the FBI alleges he has produced child pornography for at least 30 years. He faces charges of sexual exploitation and transportation of a minor and two counts of possessing child pornography. The FBI claims he filmed, recorded or photographed himself and others in sexual acts with minors under 18, created the material in the US and abroad, maintained a collection, and sold copies. His barrister, Kieran Kelly BL, argued that extradition should be refused on grounds of the client's age and numerous medical conditions, citing potential inhumane treatment. Justice Aileen Donnelly rejected these objections, noting the court's satisfaction that extradition would not violate the respondent's rights, and ordered the man to await the Minister's decision while in custody. The client intends to appeal within ten days.
Mr Charlie Jennings, a 65‑year‑old farmer from Carrickamon, Ravensdale, Dundalk, has filed High Court proceedings against the financial fund Promontoria (Oyster) DAC. He seeks to sell 46 acres of land in Castletown, Kilpatrick, Navan, Co. Meath, which he bought in 2005 and 2006 for €590,000 with loans from Ulster Bank that were later purchased by Promontoria in 2016. Jennings claims the fund has not supplied a net redemption figure that would allow him to clear an outstanding loan of about €257,000, preventing him from completing a sale agreed with a buyer since May. He alleges the fund is also demanding payment on other mortgages linked to his son's property and a joint mortgage with a business partner, citing 'all sums due' clauses. Jennings seeks orders compelling Promontoria to provide the redemption figure, to allow the sale, and to prevent interference, as well as damages.
The State has admitted liability in two of several claims brought by Garda whistleblower Maurice McCabe, the High Court was informed. These include a personal injuries claim against the Garda Commissioner, Ireland, and the Attorney General, which was initiated in 2009. Another case, lodged in 2011, involves defamation claims against the same defendants. Counsel for McCabe, Paul McGarry SC, stated that while liability had been admitted, a hearing is needed to assess the level of damages. The court agreed to set a hearing for early April. The State's counsel, Marguerite Bolger SC, expressed hope that mediation could resolve the quantum of damages, though previous mediation efforts had not been successful. McCabe, who retired from An Garda Siochana in October after 30 years of service, has brought multiple cases against various parties, including the HSE and Tusla.
Kenneth Carpenter and Elaine Byrne agreed to vacate their Rowlagh Park home by July after the Criminal Assets Bureau (CAB) claimed the property was bought with proceeds of crime. CAB alleged Mr Carpenter's involvement in drug sales, prior drug convictions, and ties to known criminals. CAB also claimed he misrepresented his employment to secure a mortgage, stating he earned €75,000 as a motor‑car salesman when he did not work for that firm. The house, bought for €317,000 in 2007, was valued at €220,000 with €284,500 still owed. CAB said mortgage payments came from criminal proceeds. The court noted extensive renovations, CCTV installation, and seized items including €20,000 cash, a bullet‑proof vest, luxury watches, a Chanel handbag, and two cars. CAB sought Section 3 orders on the house and other seized items, which the couple accepted. The judge issued orders under the 1996 Proceeds of Crime Act.
An academic and part-time researcher with the Roman Catholic advocacy group the Iona Institute, Dr Angelo Bottone, has initiated defamation proceedings against Twitter over tweets he claims defamed him. The action concerns tweets from October 2017, which Dr Bottone alleges are untrue and defamatory, and which he claims he requested Twitter to remove. Twitter denies responsibility for any allegedly defamatory tweets. Rossa Fanning SC, representing Twitter, stated that his client is surprised by the lawsuit and intends to rely on the defence of innocent publication. Declan Doyle SC, for Dr Bottone, argued that Twitter cannot rely on that defence due to its refusal to remove the tweets following repeated complaints. The case was briefly heard before Ms Justice Leonie Reynolds at the High Court, where Dr Bottone secured an order directing Twitter International Company to disclose details of the account holder he alleges defamed him. The orders require Twitter to provide Dr Bottone with the identity of the account user, including name, address, telephone number, email address, IP addresses, and other related information. Dr Bottone does not know the identity of the account holder and intends to take defamation proceedings against them. Twitter neither consented nor objected to the order, and Mr Fanning stated that the information will be provided by January 11th next. The judge reserved the issue of costs to the hearing of the action.
In a High Court hearing on 7 December 2018, Mr Justice Tony O'Connor dismissed the International Transport Workers Federation's (ITF) application for an injunction against the State over the Atypical Working Scheme for Non‑EEA crew in the Irish fishing fleet. The ITF alleged that the scheme allowed migrant fishermen to be exploited, under‑paid, racially abused, over‑worked and, in some cases, assaulted, and that it facilitated human trafficking. The court accepted that the federation was concerned about serious human‑rights abuses but found that it had not established a strong case of probability that the scheme would cause the alleged mischief. The judge noted that the scheme, introduced in 2016, had safeguards to discourage, investigate and prosecute trafficking, and that suspending it could increase risk for non‑EEA fishermen by removing enforcement powers. Consequently, the injunction was refused, and the case is scheduled for further hearing in February.
Anthony and Kathleen Hogan of Mullica Lower, Donard, Dunlavin, Co Wicklow, have brought High Court proceedings against Kevin Lawlor Senior and his son Kevin Junior, also of Mullica Lower, Donard, Dunlavin. The Hogans claim that a JCB allegedly destroyed a pump house on the Lawlor property in September, leaving their home without running water. They allege that Mr Lawlor Senior demolished the pump house and has since erected a steel fence blocking access to the site, preventing the Hogans from restoring water. The Hogans say Mr Lawlor Senior has been intoxicated and aggressive, threatening them and interfering with workers. They seek injunctions to stop harassment, allow access to the property and right of way, and to enable the restoration of the well and pump house. Mr Justice Tony O'Connor granted Mr Lupton permission to serve short‑notice proceedings on the Lawlors, with the matter adjourned to next week's sitting.
A 29-year-old man from Ballymun pleaded guilty to burglary at Copper Face Jacks nightclub in Dublin on 27 May 2017. Jason Whelan admitted stealing approximately 20 bottles of spirits valued between €700 and €900 from the premises. Dublin Circuit Criminal Court heard that Whelan entered the nightclub on three occasions and took bottles from behind the counter. CCTV footage captured him committing the thefts, and he was subsequently identified and arrested. Whelan has 91 previous convictions, including 43 for burglary offences. In a letter to the sentencing judge, he expressed remorse and stated his intention to become an honest member of society and positive father figure. His counsel noted Whelan is currently drug-free and receiving methadone treatment. Judge Melanie Greally acknowledged the sincerity of his expressed commitment to rehabilitation and adjourned sentencing to 13 March pending probation and prison reports.
Mr Martin Walsh, a court crier who has served as tipstaff for Circuit Court Judge Doirbhile Flanagan since 2012 and in similar roles since 2001 after retiring from the Defence Forces, has filed a High Court judicial review to challenge the Courts Service's decision to terminate his employment in December following Judge Flanagan's retirement. Walsh argues the decision is unlawful because his contract is of indefinite duration, contrary to the initial temporary terms that allowed termination at any time, a compulsory retirement age of 65, and vacating the post when the judge leaves office. He claims he was appointed to a permanent court crier position in 2005 and that discussions with HR have not resolved the issue. Represented by Ken Fogarty SC and James Doran BL, Walsh seeks orders to quash the termination, compel continued employment, and declare his contract indefinite under the 2003 Protection of Employees Work Act.
In a High Court hearing on 6 December 2018, the court considered the dismissal of 56‑year‑old Jean Philippe Grenet, Senior Director of Global Delivery Service at Electronic Arts Ireland. Grenet was fired after a complaint that he had made a vulgar remark to a female colleague in a video call on 9 November. He denies saying the alleged phrase, claiming he said, "I don't want to compare the length of my dick." He argues the comment was a clumsy, ill‑advised expression and that the complaint was motivated by malice, as the complainant had previously applied for his role and had a negative attitude toward him. Grenet's lawyers obtained a temporary injunction preventing EA from terminating his employment or appointing a replacement. They argue no proper investigation or fair procedures were followed and that EA's disciplinary process was flawed. The case remains at the High Court stage, with the injunction set to be reviewed next week.
In a High Court case, Luxor Investments Ltd, owner of land at Ship Street Great and Chancery Lane where a Radisson Hotel stands, has sued Wave Point Limited, which plans a 136‑bedroom hotel on an adjoining site. Luxor alleges that Wave Point has breached conditions of its planning permission from An Bord Pleanala and Dublin City Council, specifically that it has not submitted a construction management plan for the proposed hotel. Luxor seeks an injunction requiring Wave Point to prepare such a plan. In a sworn statement, Luxor's director Padraig Rhatigan expressed concerns about earlier demolition work, removal of a wall, installation of barriers without consultation, and the lack of a management plan. Wave Point, represented by Martin Hayden SC and Ross Aylward Bl, denies any breach and argues that preliminary works did not require a plan, though it will submit one for the hotel itself. The case is before Ms Justice Tara Burns.
In a High Court case, Ms Justice Leonie Reynolds expressed concern over the slow progress of an independent assessment for an eight‑year‑old boy who has been out of school since late 2017. The State disputes a diagnosis of Asperger syndrome for the child. Through his mother, the boy seeks orders and declarations, including that the Minister for Education is breaching his constitutional right to education, that he be placed in a local school capable of meeting his special needs, and that he receive a proper assessment to secure the supports he requires. The case first appeared in September but was adjourned due to a dispute over the diagnosis. The assessment was to be carried out by an independent third party, but the initial nominee worked for the HSE and was not deemed independent. An independent assessor has now been agreed, yet the applicant's side has not yet supplied all necessary details about the process.
In a High Court case, a mother has brought a claim for exemplary damages against the HSE, alleging an excessive delay in assessing her four‑year‑old son's special needs. The mother first applied for an assessment in 2016, but the HSE mistakenly closed the application after three months, stating the child had no disability. After the mother appealed, the application was reinstated, yet the assessment report was not completed until November 2017, 14 months after the initial request. The child, diagnosed with autism spectrum disorder, has speech, language, emotional, attention and concentration difficulties. In February 2018 the mother contacted the Early Intervention Team, which told her the child would have to wait six months for services; nine months later the wait was extended by another eight months.
The Health Service Executive (HSE) has brought a fast‑track Commercial Court action against Laya Healthcare Ltd, alleging that the insurer has misapplied the 1970 Health Act regarding private patient charges in public hospitals. The HSE contends that once a private patient elects to be treated as a private patient by signing a Private Insurance Patient (PIP) form, the insurer must pay the full statutory rate for the entire hospital stay. Laya, however, argues that only charges incurred after the PIP form is signed are payable. The HSE claims this position allows patients to be billed as both private and public patients during the same stay, resulting in a €20 million loss.
The Commercial Court has admitted a dispute over the Clarion Quay development in Dublin's docklands to its fast-track list. Clarion Quay Development Management Company alleges that defendants failed to properly complete the development, which comprises 184 residential and nine retail units. The defendants include Dublin City Council, Pierse Contracting, and five businessmen who were members of the Campshire Partnership: John McCormack, Brian McCormack, Niall McCormack, Alan McCormack, and Patrick Kelly. The plaintiff claims the defendants breached their obligations as developers, asserting that €14m is required to remedy alleged defects, including fire safety compliance, roof issues, brickwork, timber cladding, balconies, heating, ventilation, and basement water problems. The action seeks orders compelling specific performance of a 2001 sale agreement, declarations of indemnity for costs arising from alleged defects, and damages, potentially including aggravated and exemplary damages. The defendants deny the claims, stating the action is misconceived. Mr Justice Robert Haughton admitted the case to the fast-track list on Monday without objections. The matter was not concluded; it was adjourned and will be mentioned before the court later this month, alongside related actions.
In a Dublin Circuit Criminal Court hearing, a woman who was robbed and beaten on Nassau Street on 26 May 2016 described how the attacker, Marese Craig, 21, approached her after a night out, demanded money, pushed her to the ground, kicked her, and stole €57. The victim later reported seeing Craig again and called the Gardaí. She expressed that she is now "wary of helping homeless people" and feels it is a shame because she believes in aiding those in need. Craig, who has 47 prior convictions, pleaded guilty to the robbery, as well as to trespass and theft from a 90‑year‑old shop owner on 27 September 2017 and to robbery of a bank card from a man on 2 February 2018. The court noted Craig is in custody and is taking steps toward rehabilitation, with sentencing adjourned to 6 December. The victim's impact statement was read in court.
Ben Gilroy, an anti-eviction activist from Athlumney Abbey, Navan, Co Meath, and Vincent Byrne, a businessman from Balrothery, Co Dublin, have initiated defamation proceedings against Fiona O'Leary, a West Cork-based mother of five. They allege that a 13-minute YouTube video posted by O'Leary on June 23rd last year contains defamatory remarks about them. O'Leary, represented by Patricia Sheehy Skeffington BL and Rossa McMahon, denies making any defamatory statements. O'Leary campaigns against the promotion of Miracle Mineral Supplement (MMS), a substance she claims contains bleach and is harmful to children with autism. In a pretrial motion before Mr Justice Senan Allen, Gilroy seeks an injunction requiring O'Leary to remove the video until the case is resolved. Representing himself, Gilroy asserts that the 'false allegations' have serious implications for his reputation. O'Leary opposes the injunction, citing freedom of expression. In September, Mr Justice Tony O'Connor ordered O'Leary to either remove the video or add a disclaimer. O'Leary claims she complied by inserting text, but Gilroy argues the video remains accessible without the text. The hearing of the injunction application continues.
The High Court heard on Thursday that the 39-room Shannon Key West Hotel at Rooskey, on the Leitrim-Roscommon border, is set to accommodate asylum seekers from early January. The hotel is the subject of disputed proceedings between Paradub Ltd, which seeks to develop the property as a tourist hotel, and owner James Kiernan. Paradub claims it entered into an agreement to purchase the hotel, which closed in 2011, and alleges Mr Kiernan has failed to complete the sale. The company launched proceedings after learning from media reports that arrangements had been made to house refugees at the property, which it contends breaches the purchase agreement. Paradub seeks an injunction to prevent Mr Kiernan from leasing or disposing of the property to any third party. Mr Kiernan denies the claims. His counsel stated that a third party had entered into an arrangement with the Department of Justice to use the hotel for asylum seeker accommodation from 7 January.
Brian and David Stenson, brothers who own a commercial unit at Century Business Park in Finglas, claim before the High Court that Promontoria (Oyster) DAC, a so‑called "vulture fund", has wrongfully appointed Mr David O'Connor as receiver over their property. They argue that they have not defaulted on the €2.23 million loan they obtained from Ulster Bank in 2004, and that the fund's demands for repayment in February and September of the same year were based on a mistaken belief that the loans were in default. The Stensons say the fund's appointment of a receiver was an attempt to force them out of the property. They seek injunctions to prevent the fund and Mr O'Connor from interfering with their property rights, from alienating, using, letting or marketing the premises, and they request declarations that no default has occurred and that Promontoria is bound by the original loan terms.
Akbar Jafari, 33, was arrested in Dublin for creating 14 fake identity cards for supposed family members who wanted to enter Ireland. He claimed he had come to Ireland illegally from Afghanistan in 2007 to escape war and had been granted refugee status. Jafari said he was acting out of a "humanitarian crisis" and that the people were his relatives, though no evidence confirmed their identities. He admitted to conspiring to produce false documents between 2 and 17 January 2017 and to book cheap flights for them, paying out of his wages. Gardaí seized a DHL parcel at Heathrow containing fraudulent Italian and Belgian documents and searched Jafari's hostel and storage locker. He pleaded guilty at Dublin Circuit Criminal Court, and the case was adjourned to 16 January for further determination of the alleged family ties.
John Lyons, 50, pleaded guilty to demanding money with menace after a breakup, threatening to post intimate photos of his ex‑partner on Facebook if she did not pay him €5,000. He admitted sending a topless photograph to her mobile phone and threatened to upload it. The court found the threat a vile offence breaching privacy and bodily integrity. Judge Pauline Codd noted the victim felt intimidated and had reported the matter to gardaí. Lyons, described by references as respectful, honest, hard‑working and a good father, had no prior convictions. The judge suspended a five‑month prison term, emphasising the need for deterrence. No further contact between the parties was reported. The case was dealt with summarily on a guilty plea, with a maximum penalty of 12 months.
In a High Court hearing, Nokia Ireland has sought orders against its landlord, Clyde Real Estate Blanchardstown Ltd, to prevent the landlord from closing, demolishing or decommissioning a heating, ventilation and air conditioning (HVAC) plant until a full hearing resolves the dispute. Nokia claims that the office, where 100 employees work, has been described as "Arctic" and that temperatures have been too low, citing complaints since 2016. The company argues that the lease requires the landlord to provide heating, ventilating and air conditioning services. Mr. Sean Gallagher, CEO of Clyde Real Estate, disputes the claim, stating that recorded temperatures were within acceptable office ranges and that a replacement HVAC system is scheduled for January. Clyde maintains that it is replacing the obsolete HVAC system and that any electricity and gas costs are the tenant's responsibility. The hearing continues.
Lawyers for 31‑year‑old Artur Celmer, a suspected drugs trafficker, are seeking leave to appeal the High Court's order for his extradition to Poland. Celmer was arrested in Ireland under a European Arrest Warrant and faces drug‑trafficking charges in his native country. The High Court, presided over by Justice Aileen Donnelly, had found "generalised and systemic" violations of the independence of the Polish judiciary, creating a real risk that fair‑trial rights could be breached. The court's concern was whether these issues specifically related to Celmer, following a ruling from the Court of Justice of the European Union. Celmer's counsel, Seán Guerin SC, argues that the case involves a point of law of exceptional public importance and that interference with fair‑trial rights could arise from disciplinary actions against Polish judges. The High Court will issue its ruling on Wednesday, after Celmer's lawyers request a certificate to appeal the decision.
In a High Court hearing on 23 November 2018, Mr Justice Senan Allen dismissed an injunction application by Blue Diamond Sports Ltd, trading as Dundalk Bureau de Change, and its related firm Blue Diamond Sports No 2 Ltd. The firms sought to prevent the Bank of Ireland (BOI) from terminating their banking arrangements, alleging that BOI's decision was discriminatory, disproportionate, unlawful and breached EU Payment Services Regulations. BOI had informed Blue Diamond in April that it intended to end the relationship shortly after the firm repaid a loan. BOI justified the termination on suspicions of money‑laundering activity, citing the 2010 Money Laundering and Terrorism Financing Act, which obliges banks to report suspicious transactions. The judge found the injunction application failed at the first hurdle, that the balance of convenience did not favour granting it, and that any closure could be fairly measured and compensated by damages.
In a High Court hearing on 22 November 2018, migrant fishermen working on Irish‑registered trawlers alleged exploitation, underpayment, racial abuse, exhaustion and assault, describing their conditions as akin to "modern slavery." The International Transport Workers Federation (ITF) brought proceedings against the State over the Atypical Working Scheme for Non‑EEA Crew, claiming it allows exploitation and potential human trafficking. The ITF seeks injunctions to halt the issuance or renewal of work permits under the scheme, arguing it fails to protect workers from exploitation and trafficking. The case is directed at the Minister for Justice and Equality and the Attorney General. The Irish Human Rights and Equality Commission joined as Amicus Curiae, while the ITF's legal standing was contested. The hearing, before Mr Justice Tony O'Connor, continues.
Beacon One Management Company Ltd, representing about 70 Dublin apartment residents, has filed a High Court action against Beacon Leisure Investments Ltd, the operator of the Beacon Hotel in Sandyford Business Park. The residents argue they have long enjoyed direct access to the hotel through shared doors on several floors, using facilities such as the gym and lifts, including a wheelchair‑user resident who relied on the right of way when his apartment lifts failed. The hotel operators plan to replace the existing doors with fire doors, which would restrict residents' access except in emergencies. The management company seeks orders to prevent the hotel from interfering with or restricting the right of way between the premises. Permission to serve short notice of the proceedings was granted ex‑parte by Justice Leonie Reynolds, and the case will return to court later this month.
The High Court issued a permanent order preventing the use of a Dublin property at 414 North Circular Road, Dublin 7, for multi‑occupancy units or as a hostel. The building, described by Dublin City Council (DCC) fire safety officers as a "tinderbox", had housed up to twenty squatters, including foreign nationals. DCC had previously obtained temporary orders for occupants to vacate and had served a fire safety notice after a public complaint. Fire safety officers warned that a fire would spread rapidly, that escape routes were inadequate, that there were no fire extinguishers, and that rubbish and combustible material were stored inside. The order was made against Mr Edward Doorly, who controls the property, after discussions with his lawyers. The court noted that the property had been unoccupied for some time but squatters had moved in, and that Doorly had cut the electricity and was pursuing legal action to remove them.
In a High Court case involving two craft beer‑brewing firms, Whiplash Beer Limited sued The Dublin Lager Company Limited (trading as Larkins Brewing Company) over access to a shared facility at Renmore Business Park, Kilcoole, Wicklow. Whiplash had obtained a temporary injunction, claiming that the defendant had prevented its owner and director, Mr Alex Laws, from entering the premises, thereby creating uncertainty for the business. The injunction, granted ex‑parte, also barred the defendant from stopping any Whiplash personnel from accessing the shared premises. The defendant denied wrongdoing and sought to lift the injunction. A court hearing was scheduled to decide whether the injunction should remain until the case was resolved. Following a recommendation by Mr Justice David Barniville, the parties agreed to mediation. When the case returned before the court, Ms Justice Leonie Reynolds was informed by Whiplash's counsel that mediation had led to a settlement, and the case was struck out.
The Irish High Court ordered the surrender of 31‑year‑old Polish national Artur Celmer to Poland to face drug‑trafficking charges. Celmer was arrested in Ireland under a European Arrest Warrant. His lawyers argued that Poland's recent judicial reforms, described as "generalised and systemic" violations of judicial independence, could jeopardise his right to a fair trial. Justice Aileen Donnelly, after consulting the Court of Justice of the EU, concluded that while Poland's judiciary has systemic deficiencies, these alone did not create a real risk of a denial of fair‑trial rights for Celmer. She therefore found no specific risk to Celmer and ordered his surrender within 25 days. Celmer's counsel may appeal, and the case will be heard again next Monday. The decision was made under EU law, not Polish law, and focused solely on the risk to Celmer's fair‑trial rights.
A High Court challenge has been brought against a policy preventing undocumented persons from applying for or renewing driving licences. The applicant, a Chinese national residing in Ireland for over 18 years on an expired student visa, had his renewal application refused by the National Driver Licence Service (NDLS) in August because he could not prove 'residency entitlement'. Counsel for the applicant, Micheal P. O'Higgins SC and Keith Spencer Bl, argued that a May 2018 policy change, introduced by the NDLS and the Road Safety Authority (RSA), requires applicants to submit specific documents such as a passport or birth certificate. They contended this requirement disproportionately interferes with rights and is contrary to law, citing a recent Supreme Court decision on asylum seekers' work rights. The action names the NDLS, RSA, the Minister for Transport, Tourism and Sport, and the Attorney General as respondents. The applicant seeks orders quashing the refusal of his licence renewal and the policy itself, along with declarations that the policy is unlawful and in excess of jurisdiction. Permission to bring the proceedings was granted on an ex parte basis by Mr Justice Seamus Noonan. The matter was adjourned and will return before the court in December.
Paradub Limited has launched High Court proceedings against James Kiernan, seeking to prevent the Shannon Key West Hotel in Rooskey, Co Leitrim, from being used to house refugees. The company alleges it holds a 2016 option agreement to purchase the 39-room property from Mr Kiernan for nearly €600,000, which it claims he failed to complete. Paradub asserts that recent plans to lease the hotel for refugee accommodation breach this agreement and frustrate the sale. The applicant seeks an injunction restraining the defendant from leasing, transferring, or disposing of the property to any third party, as well as an order halting works at the site pending the court's determination. In a sworn statement, Paradub director Ashton Doherty stated that despite Mr Kiernan's March assurance to local radio that he intended to sell the property, the company recently learned the refugee housing plan had been resurrected. The matter was heard before Ms Justice Leonie Reynolds, who granted Paradub permission on an ex-parte basis to serve short notice of the proceedings on the defendant. The case was adjourned and made returnable to Tuesday's sitting of the court. Richard Kean SC, instructed by solicitor Georgina Robinson, represented the applicant, emphasizing the need to compel specific performance of the sale agreement.
In a High Court hearing on 15 November 2018, Mr Justice Seamus Noonan expressed surprise that a dispute over the alleged expulsion of two schoolboys had not been referred to mediation. The boys, who were in their Leaving Cert year, had posted videos on social media showing a classmate snorting a white powder during a lesson. The school, after being alerted by one of the boys' mothers, had suspended the students pending a board decision scheduled for 23 November. Counsel for the board argued the students should be expelled, citing the Education Act, while the students' lawyers claimed the process was unfair and that the school had misled them about the consequences of their statements. Mr Justice Noonan set a hearing for the students' application to be readmitted, to take place next Tuesday, pending the full hearing. The students seek to quash the expulsion decision and to be readmitted to the school.
The High Court, on 15 November 2018, ordered the immediate evacuation of 414 North Circular Road, Dublin 7, a mid‑terrace three‑storey building described by the court as a "tinderbox". The injunction was granted by Mr Justice Seamus Noonan after Dublin City Council (DCC) presented evidence that the premises, registered to Lily Kilroy and Eileen Doorly, was occupied by 15 to 20 foreign nationals who had been squatting there. DCC fire safety officers had found no adequate means of escape, no fire extinguishers, and combustible material stored inside, including a camping stove and an unknown electricity supply. The council argued that a fire would spread rapidly and pose a serious risk to life. DCC had corresponded with Edward Doorly, the nephew of the deceased owners, who had not taken legal action to remove the squatters.
In November 2018, Berlin‑based W2 Filmproduktion Vertriebs GmbH filed a derivative action against Irish film producers Morgan O'Sullivan and James Flynn, alleging that the two diverted between €40 million and €50 million from Octagon Films Ltd, a company in which they are shareholders, to themselves or to corporate entities they control. W2 claims breach of duty, fraud and conspiracy, and seeks damages and a declaration that the defendants must account for all profits made through Octagon and the producers' involvement in numerous TV and film productions. O'Sullivan and Flynn deny the allegations, asserting they did not divert any fees or income and that Octagon was a separate entity devoted to film development. They argue that the company benefited from their association with projects outside Octagon's business and will provide forensic accountancy evidence to refute W2's claims.
Professor Kieran Byrne, former president of Waterford Institute of Technology (WIT), has brought a High Court action claiming humiliation and reputational damage after WIT's governing body declined to reappoint him in 2011. Byrne, who served as president from 2001 to 2011, alleges that a 2011 Irish Examiner article on the President's Office expenses prompted the governing body to postpone ratification and ultimately reject his reappointment. He contends the selection process was flawed, that WIT misrepresented that he would be reappointed, and that the body considered irrelevant factors, including the media report. Byrne seeks declarations that the decision was null and void, that he was entitled to the post, and damages for negligence, breach of contract, breach of legitimate expectation and misrepresentation. WIT denies wrongdoing, asserting a transparent process and that the media report was considered in its decision. The case remains pending.
A 21-year-old sports science student from Kiltimagh, County Mayo, has avoided a custodial sentence after admitting drug dealing at Dublin City University. Cian Charlton pleaded guilty at Dublin Circuit Criminal Court to possession of cocaine, ketamine and MDMA for sale or supply at Hampstead House, Glasnevin, on 15 November 2017. Following a garda raid on his campus residence, officers recovered the drugs with weighing scales and documentation, with an estimated street value of €3,079. Charlton initially provided false accounts to gardaí before acknowledging he could not identify his suppliers due to fear. Judge Pauline Codd suspended a one-year prison sentence on condition Charlton maintain the peace and complete a drug awareness course with the Probation Service. The university subsequently suspended him from his course for the academic year. The court noted Charlton's lack of previous convictions, engagement with counselling, and supportive family background in mitigation.
Two teenage boys have filed High Court challenges against their expulsions from a secondary school after they posted videos on social media showing a classmate snorting a white powder during a lesson. The videos, which were reportedly seen by only a few people, were discovered by one of the boy's mothers and brought to the school's attention. The school's board of management decided to exclude the boys, citing that their behaviour posed a serious threat to the school's order and discipline. The boys' lawyers argue that the board's decision breached fair procedures, was disproportionate, and ignored the principal's recommendation not to expel them. They also claim the boys were not warned that their statements could be used against them. The boys seek orders to quash the expulsion decision, to be readmitted, and to have the school provide appropriate educational provisions. The case will return to the court on Thursday.
Garda Keith Harrison has launched a High Court challenge seeking to quash findings made against him in reports from the Disclosures Tribunal. The Donegal-based officer alleges a prior professional involvement between tribunal chair Mr Justice Peter Charleton and witness Chief Superintendent Terry McGinn, stemming from the Morris Tribunal (2002-05). Harrison's solicitors argue this relationship breaches natural and constitutional justice and Article 6 of the European Convention on Human Rights. They seek orders to quash findings in the second and third interim reports, prohibit further publication of those sections, and preclude the judge from dealing with other matters relating to Harrison. The tribunal previously rejected Harrison's request to set aside the reports, describing the steps as "absurd and repugnant." In the interim reports, Mr Justice Charleton found that allegations examined by the tribunal, including those made by Harrison and his partner Marissa Simms, were "entirely without any validity." Harrison had alleged he was the victim of a five-year intimidation campaign following a 2009 arrest of a fellow officer for drink driving in Athlone, and that Simms was compelled to make a statement against him, leading to a Tusla referral. Permission to bring the action was granted on an ex-parte basis by Mr Justice Seamus Noonan, who found arguable grounds had been raised. The matter was adjourned and will return before the courts in two weeks.
The Revenue Commissioners' application to wind up Munster Football Club Ltd, trading as Limerick FC, was struck out by the High Court. The collector general had petitioned for the club's liquidation over unpaid taxes, including PAYE and PRSI, but the amount was not disclosed. The court heard that the matter had been resolved and no club representation was made. Limerick FC, a former League of Ireland champion, had recently been relegated to the 1st Division after a play‑off loss to Finn Harps.
Karl Zambra, 31, of St Teresa's Gardens, Dublin, pleaded guilty at the Dublin Circuit Criminal Court to possession of drugs for sale or supply after an undercover operation on 18 August 2014. Two plain‑clothes Gardaí entered St Teresa's Gardens to see if they would be offered drugs. Zambra and another man were on the steps when the Gardaí approached; they spoke briefly before Zambra signalled to the other man and said, "Them boys are okay, sort them out?" The Gardaí then purchased €40 of cocaine. Zambra gave them his brother's mobile number and told them to call it to "sort themselves out" in the future. The Gardaí believed Zambra was "directing" the drug operations. He was not arrested until almost a year later to preserve the undercover operation's cover. Zambra has 77 previous convictions, including drug misuse, burglary, dangerous driving, drunk driving and a violent disorder offence in a Garda station.
In a High Court case involving two craft‑beer firms, Whiplash Beer Limited has sued The Dublin Lager Company Limited, trading as Larkins Brewing Company, over access to a shared facility at Renmore Business Park, Kilcoole, Wicklow. Whiplash secured a temporary injunction last month, claiming that the defendant had prevented Mr Alex Lawes, an award‑winning brewer and Whiplash owner, from entering the premises, thereby creating uncertainty for the business. The injunction, granted ex‑parte, barred the defendant from interfering with Whiplash's operations and from stopping Whiplash personnel, represented by Rory Kennedy Bl, from entering the shared premises. The defendant, represented by Eugene Gleeson SC, denied wrongdoing and sought the injunction lifted. When the case returned to the High Court, Mr Justice David Barniville, noting the dispute was "a very obvious case for mediation," allowed the parties to agree to mediation, which is scheduled for early next week. The judge adjourned the matter for a week.