Court archive

Stage Hearing Or Decision court reports

2018-07-24 · Limerick

"Nomadic businessmen" bring action arising out of tax assessments

High Court proceedings have been initiated by John Sheridan Senior, John Sheridan, Thomas Sheridan, Daniel Sheridan, and Patrick Sheridan, who describe themselves as nomadic tarmac contractors and members of the Irish Travelling Community. The applicants, who state they reside in Rathkeale, Co Limerick when in Ireland, are challenging income tax assessments issued by the Criminal Assets Bureau (CAB) for various years between 2004 and 2014. They dispute the assessments, arguing they were not tax resident in Ireland during the relevant periods due to their business operations in other EU countries. The action follows a decision by Tax Appeals Commissioner Mr Mark O'Mahony, who allowed appeals for some years but refused others, citing unpaid liabilities and unfiled returns. The Sheridans seek to quash the Commissioner's decision, alleging he failed to provide adequate reasons, determine their residency status, or consider their unique circumstances, including lack of literacy. Mr Justice Charles Meenan granted the applicants permission on an ex parte basis to bring their judicial review challenge against the Commissioner. CAB is a notice party to the action. The judge also granted a stay on the further pursuit of sums allegedly due to the Revenue Commissioners pending the outcome of the case. The matter was made returnable to a date in November.

2018-07-24 · Dublin

Charity director stole over €1m

In a Dublin Circuit Criminal Court hearing, 70‑year‑old Greg Walsh pleaded guilty to 119 thefts totalling €998,476, including €280,000 from Carline Learning Centre, a charity he directed and treasurer for, and four thefts totalling €150,000 from Bank of Ireland in 2015. Walsh misappropriated charity funds to pay tax bills by routing cheques into his own account before making direct debit payments to Revenue. He also stole money from friends and family who entrusted him as a bookkeeper or tax agent, repaying them as dividends while diverting the funds from Revenue. Victims suffered losses ranging from €10,000 to €14,138, and two brothers sued him for a €150,000 debt, which he paid by transferring cheques from an empty Ulsterbank account to his trading account. Walsh's guilty pleas were accepted, and the judge adjourned sentencing to allow him to attend clinical appointments for a serious heart condition, with the matter set for October.

2018-07-18 · Dublin

Owners fear property was fraudulently registered to UK entity

Brian O'Riordan and Michael O'Shea, owners of ADT House in Dublin 7 since 1993, claim that the property was fraudulently registered as owned by the UK‑based SLGI (Holdings) Plc. They allege that SLGI, through a solicitor acting for the company, obtained a lease from tenant ADT and paid €246,000 to terminate the lease, while the property's legal ownership remained with the O'Riordans. The High Court heard that the Property Registration Authority had recorded a 2016 conveyance from Kent International Holdings to SLGI, a company that had been struck off in 2015. The plaintiffs seek orders restraining SLGI, correcting the registry entries, and declaring the entries fraudulent or mistaken. They also brought proceedings against ADT Ltd, American District Telegraph Services International Ltd, and the Property Registration Authority, but do not allege fraud against those parties. Permission for short notice was granted ex‑parte by Justice Caroline Costello, with the case set for a next‑week hearing.

2018-07-16 · Cavan

Merger won't affect conditions of Liberty Insurance workers, court told

Liberty Insurance DAC, a subsidiary of the US-based Liberty Mutual group with offices on Dublin Road in Cavan, sought High Court approval for a cross-border merger with Spanish entity Liberty Seguros Compania De Seguros Y Reaseguros SA. The merger, heard in the Commercial Court, forms part of the group's plan to consolidate its Irish, Portuguese and Spanish insurance operations. The company told the court that approximately 400 Irish employees will not experience changes to their terms and conditions following the proposed merger. Workers will retain current labour conditions, rights and benefits, the court was informed. Liberty Insurance DAC, which acquired Quinn Insurance in 2011, currently holds approximately two million policies and net assets of €217.7 million. As part of the scheme, the Irish entity's business and remaining assets will transfer to the Spanish company, which will also merge with Liberty Portugal. Mr Justice Robert Haughton admitted the application to the fast-track commercial list and adjourned the matter to October.

2018-07-16 · Dublin

Dispute over Raheny housing development is adjourned

The court has adjourned a dispute over An Bord Pleanála's grant of planning permission for a 500‑unit housing development in Raheny, north Dublin. The decision to allow Crekav Trading, part of Marlet, to build 104 houses and 432 apartments on land that had been used as six playing pitches for St Paul's College has been challenged. Parties including Clonres CLG, environmental campaigner Peter Sweetman, Mr John Conway, and the Louth Environmental Group argue the permission is fundamentally flawed and seek it quashed. Proceedings also target the State and the Minister for Culture, Heritage and the Gaeltacht. The judge, after hearing that the board admitted an error, has set a new hearing for Friday to consider submissions from all parties. The land was owned by the Vincentian Fathers, trustees of St Paul's College, and had been used by local sports clubs.

2018-07-16 · Dublin

Bank of America Merrill Lynch seeks to merge UK subsidiary with Irish firm due to Brexit

In a High Court application, Bank of America Merrill Lynch (BAMLI) seeks to merge its UK subsidiary, Bank of America Merrill Lynch International Ltd, with its Irish subsidiary, Bank of America Merrill Lynch International DAC, citing Brexit fallout. The merger is intended to preserve BAMLI's ability to conduct European Economic Area banking business, which relies on freedom of establishment and services passports. BAMLI argues that the UK's exit from the EU could affect the legal and regulatory framework for its EEA operations. The Irish firm, headquartered in Leopardstown, Dublin, holds assets of US$5 bn and liabilities of US$2.8 bn, while the UK firm has assets of US$43.3 bn and liabilities of US$34.8 bn. The court admitted the application to the fast‑track commercial list and adjourned the matter to November, with a completion target of 1 December.

2018-07-12 · Dublin

ICA urges High Court to reject orders preventing it from filling executive posts

In a High Court hearing, lawyers for the Irish Country Women's Association (ICA) urged the court not to issue orders that would prevent the organisation from filling vacancies on its national executive. The case was brought by Ms Patricia Madden, a long‑time ICA member and barrister, who alleged that the ICA breached its constitution by failing to count ballots cast at the 2018 AGM. She claims the organisation should have declared the winners of the executive election at that AGM, including the national president for the 2018‑2021 term. The ICA's counsel, Frank Beatty SC, argued that problems with the 2018 ballot papers warranted rectification and presented proposals to let members decide whether to open and count the ballots or hold fresh elections. Madden rejected these proposals, arguing that the ICA's AGM decisions were ultra vires and based on flawed legal advice. She seeks injunctions to stop the ICA from filling any vacancies until the dispute is resolved.

2018-07-11 · Carlow

Mother and illegally adopted son resolve High Court action

Tressa Reeves and her son, Andre Donnelly, also known as Patrick Farrell, have resolved their High Court action against St Patrick's Guild (Incorporated) and the State. The case, heard before Mr Justice Denis McDonald, concerned the alleged illegal adoption of Farrell in 1961. Reeves and Farrell claimed that their son was placed with a couple in Co Carlow without legal safeguards, that false birth and baptism certificates were procured, and that the defendants engaged in deceit and conspiracy to prevent their reunion. They alleged the State failed to vindicate their family rights. The defendants denied all claims, with St Patrick's Guild asserting it did not make false misrepresentations and the State arguing it was not liable for the alleged wrongs. On the fourth day of the hearing, counsel for the applicants, Eanna Mulloy SC, informed the court that the parties had reached a comprehensive agreement. Mr Justice McDonald agreed to strike out the proceedings, granting liberty to apply to have the action re-entered. The terms of the settlement are confidential. The matter was adjourned in the sense that the proceedings were struck out with liberty to apply, rather than concluded with a final judgment on the merits.

2018-07-09 · Ireland

Shareholders in toy-makers reach agreeement

Yvolve Sports Limited, a toy‑making firm employing 41 people in Ireland, exited examinership after its shareholders reached an agreement to recapitalise the company and secure its survival. The firm, known for the 'Flicker' scooter, had been placed under interim examination by Mr Neil Hughes following a court order to protect a key contract with US retailer Walmart. The move was prompted by cash‑flow problems caused by the bankruptcy of Toys R Us, a major customer, and a dispute between Irish and Taiwanese directors. Shareholders Cloverglade Ltd and Sino Foreign Trading Company, now the majority holder, agreed to fund the recapitalisation. Lawyers for Taiwanese shareholders and trade creditors had previously opposed the examiner's appointment, arguing that examinership was unnecessary. The judge postponed a decision after learning the parties had settled, and the case was adjourned to resolve remaining issues such as examiner fees. The agreement ensures the company's continued operation and protects jobs.

2018-07-09 · Limerick

CAB seeks possession of property allegedly owned by convicted brothel keeper

In a High Court hearing on 9 July 2018, the Court of Appeal (CAB) applied to have an apartment, allegedly bought with proceeds of crime, declared as such under the 1996 Proceeds of Crime Act. The apartment, purchased in 2014 for about €34,000, is owned by Aulicete Walsh, 55, and her son Maicon Morelli. Walsh was convicted of brothel keeping in 2015 and served eight months; she had earlier been fined for the same offence in 2012. CAB, following a Garda investigation, argues the purchase was funded by criminal proceeds and seeks freezing orders. Walsh and Morelli contest the claim, asserting that over €20,000 of the purchase price came from legitimate earnings and that they should receive a share of any sale proceeds. They also argue that the money used was from lawful work and from funds received from Walsh's late father in Brazil.

2018-07-09 · Dublin

"Now at last justice has prevailed": victims of €2m tiger kidnapping give impact statements

During the sentence hearing in Dublin Circuit Criminal Court, Paul Richardson, a former Securicor worker, read his victim impact report about the 2005 tiger kidnapping of his family. He described the lasting psychological trauma, saying he still hears the kidnapper's voice and that the event has left him unable to work for three years and unable to walk to the shop. He spoke of the loss of a part of his life, the burning of a sentimental blanket, and the betrayal he felt from a former colleague. Paul also mentioned the fear for his wife and sons and how the crime has made him avoid Halloween and pictures of armed criminals. Marie Richardson, his wife, read her own statement, emphasizing the destruction of their home, the need to rebuild, and the enduring love that keeps them together. Both expressed that justice has finally prevailed, though the memory of the crime remains.

2018-07-02 · Dublin

Homeless man issued threatening note in "bizarre" attempt to get cash

A homeless man pleaded guilty at Dublin Circuit Criminal Court to demanding money with menaces following an incident at a store in Clontarf on 16 July 2017. Brendan Glynn, aged 31 and originally from Sligo, handed a threatening note to the proprietor demanding €20,000 initially, followed by €2,000 weekly, with threats to burn down the premises. The note instructed the owner not to contact gardaí and stated he was being watched. The proprietor alerted gardaí and Glynn was arrested two days later after being identified on CCTV footage. Garda evidence indicated Glynn had no connection to serious criminality and lacked means to carry out the threats. His defence counsel described the offence as impulsive and bizarre, unlikely to succeed. Glynn, with 46 previous convictions, was dealing with longstanding drug dependency at the time. Judge Melanie Greally adjourned sentencing to December pending completion of a probation report.

2018-07-02 · Galway

Residents launch challenge against Galway waste facility

In July 2018, a group of Galway residents, organised under the 'Ballinasloe Says No' campaign, secured permission from the High Court to challenge the County Council's decision to grant a waste facility permit to Mr Sean Curran of Barna Waste for a site at Pollboy, Ballinasloe. The residents, all living about 2 km from the proposed facility, argue that the council failed to consider the potential adverse effects on a nearby Special Area of Preservation (SPA) – the River Suck Callows – and did not conduct an Appropriate Assessment under the EU Habitats Directive. They contend that the facility, which would handle inert waste, recycling of inorganic materials, and waste storage, could impact the SPA, located roughly 1.5 km away on the River Suck floodplain. Mr Curran is a notice party. The High Court, presided over by Mr Justice Seamus Noonan, granted the residents permission to proceed and ordered the matter to be returned for a hearing in October.

2018-07-02 · Westmeath

Champion kickboxer challenges discharge from army

Ian Hyland, a former private in the Permanent Defence Forces who served for 12 years, has filed a High Court challenge to overturn the decision that his contract was not renewed and that he was discharged in April. The Defence Forces downgraded his medical category in 2008 because of polycystic kidney disease, a condition that Hyland claims was asymptomatic. He argues that doctors treating him in Galway confirmed he was fit for overseas service and contact sports, and that he was entitled to appeal the categorisation to a Medical Board. Hyland seeks an order quashing the discharge, declarations that he was entitled to appeal, and that his medical categorisation should have been reviewed before his discharge. Permission to proceed was granted ex‑parte by Mr Justice Seamus Noonan, and the case is set to return later this month.

2018-06-29 · Dublin

Bank can execute possession orders against Jerry Beades properties, court rules

The High Court granted KBC Bank permission to execute possession orders for two of Jerry Beades' properties, after a series of appeals. KBC sought orders for the properties at Richmond Avenue, Fairview, Dublin 3, and Little Mary Street, Dublin 1, claiming Beades had borrowed about €1.3 million in 2003 from IIB Homeloans Ltd, secured on those properties, and that €2.1 million remained outstanding. The orders were originally secured in 2008, appealed to the Supreme Court, and upheld in 2014. Beades opposed the orders, arguing that IIB was not entitled to sell the loans to KBC without his consent, that his personal data had been misused, and that a delay had forfeited KBC's right to execute the orders.

2018-06-29 · Ireland

ODCE seek to examine Console computers

The Office of the Director of Corporate Enforcement (ODCE) has applied to the court to examine electronic documents on computers seized from the suicide‑counselling charity Console. The ODCE, having obtained the computers from the charity's liquidator, seeks orders to allow it to review the material as part of its investigation into whether any criminal wrongdoing occurred in Console's affairs before its liquidation in July 2016. Console's founder Paul Kelly and his wife Patricia, who are on social welfare, oppose the application. They have recently engaged a new legal team, funded by the Civil Legal Aid Board, and have requested an adjournment to allow the lawyers time to review the case papers. The court had previously scheduled the hearing for next week, but Ms Justice Caroline Costello agreed to postpone the hearing to a date in late July, pending the new lawyers' preparation. The ODCE's motion is part of its broader inquiry into the charity's conduct.

2018-06-29 · Ireland

Toy-maker does not need to be in examinership, asian shareholders argue

The High Court will decide on Monday whether Yvolve Sports Limited, a toy‑making firm employing 41 people, should remain in examinership. Ms Justice Caroline Costello appointed Mr Neil Hughes as interim examiner after the court was told that an examiner was needed to protect a key contract with US retailer Wallmart, which has been affected by the bankruptcy of Toy R Us. Yvolve's Irish directors and Taiwanese directors are in dispute. An independent expert said the company is insolvent but could survive if steps such as appointing an examiner are taken. Lawyers for a Taiwanese shareholder and trade creditors asked the judge not to confirm Mr Hughes, arguing that the company does not need examinership. Clovergade Ltd, an Irish shareholder, opposed this, fearing liquidation if examinership ended. Counsel for Chinese shareholders said they could recapitalise the firm with €1m‑€1.5m, but the amount was deemed insufficient to cover debts.

2018-06-29 · Dublin

Tribunal should disregard evidence of TDs, garda lawyers say

The Charleton tribunal is hearing closing submissions about allegations that former Garda press officer Superintendent David Taylor directed negative briefings against whistleblower Sergeant Maurice McCabe. Lawyers for the Garda commissioner, Martin Callinan, argue that the tribunal should disregard the testimony of four witnesses – journalist Philip Boucher‑Hayes, TDs John McGuinness and John Deasy, and Comptroller and Auditor General Seamus McCarthy – because their accounts conflict and they did not report their alleged conversations with Callinan at the time. Callinan's counsel, Shane Murphy SC, notes inconsistencies in McGuinness's statements about notes from a 2014 meeting and in Deasy's recollection of what was said. Callinan maintains he was asked about McCabe by McCarthy and that he explained the allegations were investigated and no prosecution was directed. Lawyers for McCabe, Michael McDowell SC, contend that McCabe is entitled to vindication as a truthful witness. The tribunal will consider these arguments before Justice Peter Charleton submits his report in October.

2018-06-28 · Ireland

Protected disclosure by Taylor "essentially a work of fiction", garda lawyers tell tribunal

During the Charleton tribunal, lawyers for An Garda Síochana argued that former garda press officer Superintendent David Taylor's protected disclosure was "essentially a work of fiction." Shane Murphy SC, speaking in his closing submission, maintained that there was no substantiated evidence that former commissioner Martin Callinan or his deputy Nóirín O'Sullivan directed Taylor to brief negatively against whistleblower Sergeant Maurice McCabe. Murphy said the tribunal should find the allegations of such direction untrue, noting that the evidence under oath presented a very different picture from the claims in Taylor's 2016 disclosure. He described Taylor's credibility as "effectively shattered" and highlighted that rumours circulating in 2014 or earlier did not prove deliberate spread by Taylor. The tribunal's next submissions will be made by barristers for Independent News & Media and Sgt McCabe.

2018-06-28 · Westmeath

Dentists urged to resolve differences through mediation rather than Four Courts

In a High Court hearing, Judge Caroline Costello advised dentists Michael Maguire and James Hiney, who share premises in Mullingar, to seek mediation instead of court action. Mr Maguire alleged that Mr Hiney installed a hidden camera to surveil his staff, a claim Mr Hiney denies, stating the camera was for security. Mr Maguire is pursuing injunctions to stop surveillance, to recover patient lists, to prevent solicitation of his patients, and to halt any construction at the shared building. The judge granted Mr Maguire permission to serve short‑notice injunctions ex‑parte. Mr Byrne, Mr Maguire's counsel, indicated the parties might adjourn the case to late July after reaching an intermediate, without‑prejudice agreement. The agreement would bar surveillance, construction, and solicitation. Judge Costello urged that the dispute be resolved through mediation rather than further court proceedings in the Four Courts.

2018-06-28 · Ireland

Businessman's action against IBRC struck out for delay

In a High Court decision on 28 June 2018, the court struck out Finn Lyden's damages claim against the Irish Banking Resolution Corporation (IBRC). Lyden, a former chief executive of SIAC Construction, had invested in a fund promoted by Anglo Irish Bank Corporation Ltd (later IBRC) in 2006 and repaid a loan in 2008. In 2012, his lawyers initiated proceedings seeking a declaration that the investment contract was void, repayment of all payments, and damages for breach of contract, breach of fiduciary duty, negligent misrepresentation and negligent misstatement. IBRC applied to have the claim struck out, arguing that the delay in progressing the case was inordinate and would prejudice the bank if it went to trial. The court agreed, noting that the summons was issued in December 2012 but the statement of claim was not delivered until October 2017, a delay of almost five years.

2018-06-28 · Dublin

Taylor's account of journalist dealings "unworthy of trust", tribunal told

During the Charleton tribunal, Sean Gillane SC, representing RTÉ, argued that former Garda press officer Supt David Taylor's claims that journalists were briefed to smear whistleblower Sgt Maurice McCabe were untrustworthy. Gillane cited no evidence linking journalists John Burke, Paul Reynolds, or Philip Boucher‑Hayes to any alleged smear campaign. He highlighted editorial discussions and email records showing that Reynolds' reports on leaked O'Higgins commission findings were produced independently. Gillane also noted that Boucher‑Hayes' alleged encounter with former commissioner Martin Callinan was voluntary and not corroborated by other witnesses. The tribunal heard that ten of twelve journalists named by Taylor denied receiving briefings, while two declined to comment. Taylor's allegations that Callinan directed him to brief journalists were denied by both former commissioners. The tribunal continued its hearing that afternoon.

2018-06-28 · Dublin

Planning board admits error in granting permission for 500 Dublin homes

An Bord Pleanála admitted it erred in granting planning permission for a 500‑unit housing development in north Dublin. Mr Justice David Barniville was informed by Fintan Valentine that the board would consent to an order quashing the permission. Earlier, the board had approved a 104‑house and 432‑apartment scheme on land used by St Paul's College, Raheny, which had been challenged by Clonres CLG, environmental campaigner Peter Sweetman, John Conway, and the Louth Environmental Group. They argue the decision was fundamentally flawed, citing failures to conduct an Appropriate Assessment under the EU Habitats Directive and to comply with the EU Birds Directive. The case also involves proceedings against Ireland, the Attorney General, and the Minister for Culture. The judge adjourned the matter to allow parties to consider the board's admission of error.

2018-06-27 · Dublin

Outcome of inheritance tax case will have implications for many

The High Court will decide later on a case that could affect many inheritance tax assessments. The dispute concerns a 2003 Capital Acquisitions Tax Act Section 86 exemption for a family home. Dublin woman Leanne Deane inherited her father's house at Aranleigh Mount, Rathfarnham, and also shares in four other residential properties under a 2011 family agreement. She applied for the dwelling‑house exemption, which was initially refused because of her other property interests. Revenue sent her a €52,000 assessment, which she appealed to a Tax Appeals Commissioner (TAC). In late 2017 the TAC found she met the exemption conditions and reduced the assessment to zero. Revenue now asks the High Court to confirm whether the TAC's decision is correct and whether Deane was precluded from claiming the exemption because she had other dwelling‑house interests at the time of inheritance.

2018-06-26 · Westmeath

"Toxic" dispute between dentists comes before High Court

In a High Court hearing on 26 June 2018, dentist Mr Michael Maguire alleged that his colleague, Mr James Hiney, had installed secret cameras in their shared dental premises at Market Point, Mullingar, without his consent. Mr Maguire claimed the cameras, along with wiring and a microphone, captured his staff and patients, and that the footage was used to target his patients with marketing messages. He also alleged that Hiney had engaged in vandalism, harassment, and defamation, and that Hiney had withheld information from insurers about the building. Mr Maguire sought orders to prevent Hiney from monitoring his employees, to stop solicitation of his patients, to halt proposed construction works, to return all data including patient lists, and for damages. Justice Costello granted Mr Maguire permission to serve short‑notice proceedings against Hiney on an ex‑parte basis. The case is set to return to court later in the week.

2018-06-25 · Dublin

Finance worker used forged documents to apply for bank loans

Neil Dolan, a 26‑year‑old finance worker, used Microsoft Paint to forge identity documents and applied for three bank loans between 30 June and 7 July 2017, using the alias "Neil Nolan." He sent altered copies of a PTSB account statement, passport, age card, revenue documents, a utility bill and a pay slip to KBC, Permanent TSB and KBC again. All applications were rejected because the banks could not verify his identity, and the Gardaí were alerted. Dolan admitted 14 counts of forging documents and 14 counts of using forged documents in the loan applications. He had a prior conviction for forging a death certificate and a 2013 fine for a similar offence. The case was sent to Dublin Circuit Criminal Court, where Judge Cormac Quinn ordered a probation report and adjourned sentencing to 31 July. Dolan expressed remorse, claimed he was under stress and strain, and had considered starting a business.

2018-06-25 · Galway

Challenge to renewable energy test site off Connemara coast

Maire Ni Mhuirnin, a teacher from Páirc, An Spidéal, Co Galway, has brought a judicial review against the Minister for Housing, Planning and Local Government's decision to grant the Marine Institute a foreshore lease for a renewable energy test facility off the Connemara coast. The lease, approved in August 2017, allows the Marine Institute to construct and operate an electricity generating station for 35 years and to develop a 37.5‑hectare site 1.5 km offshore from Spiddal for testing prototype wind, wave and tidal energy devices. Ni Mhuirnin seeks declarations that the decision contravenes EU directives on environmental impact and the conservation of natural habitats. The Sustainable Energy Authority of Ireland, a notice party, argues that any delay would harm the project's viability and the Marine Institute's role in the State's Offshore Renewable Energy Development Plan.

2018-06-25 · Dublin

Row over Mount Anville lands admitted to fast-track list

Mr Justice David Barniville admitted a commercial dispute to the fast-track Commercial Court list. Care Prime Holdings Ltd, First Care Ireland Ltd, and Beneavin Contractors Ltd brought proceedings against members of the Society of Sacred Heart, a Roman Catholic religious congregation. The plaintiffs claim ownership rights over Mount Anville lands in Dublin 14, including the Cedar House nursing home and 1.5 acres known as the Walled Garden. They seek declarations of proprietary interest, trust arrangements, and damages for alleged misrepresentation and unjust enrichment. The Society rejects these allegations, stating that while negotiations for a sale occurred in 2014, no binding agreement was concluded and talks ended in November 2017. In a sworn statement, Mary Anne Carmel Flynn, a member of the congregation, described the claim as spurious and without substance, arguing it is designed to pressure the Society and create a blot on its title to assets valued between €4.9m and €6.1m. The defendants sought fast-track admission to resolve the matter expeditiously. The plaintiffs consented to the case being admitted to the list. The matter was adjourned for further proceedings on the fast-track list.

2018-06-22 · Louth

Shareholders dispute at Gin distillery comes before High Court

In a High Court case in June 2018, Raymond and Juliet Gogan, shareholders and directors of Listoke Distillery Ltd., sought to prevent their removal from the board. The distillery, founded in 2016 on the Listoke Estate in County Louth, also runs a Gin School that teaches gin production. The Gogan couple, owners of Listoke House, claimed that their roles were being undermined and that they were excluded from key company decisions. In November 2017 they were reportedly locked out of the business; Mrs Gogan resigned from the Gin School after the company moved production and the school to an industrial estate without informing them. The Gogan's petition requests orders to keep them on the board, grant access to company records, restrain a general meeting that could remove them, and consider alternative dispute resolution or winding up. Justice Carmel Stewart granted the Gogan's request for short‑notice service to the other shareholders and returned the matter for a hearing next week.

2018-06-22 · Ireland

"Absolutely futile" to go to High Court over journalistic privilege, chairman says

The Charleton tribunal, chaired by Mr Justice Peter Charleton, has decided not to refer the matter to the High Court over journalists' claims of privilege. The tribunal is examining allegations that Superintendent David Taylor, while a Garda press officer in 2013‑2014, directed journalists to smear whistle‑blower Sergeant Maurice McCabe. Former commissioners Martin Callinan and Nóirín O'Sullivan deny any smear campaign. On day 97, barristers for several newspapers argued that journalistic privilege protects free expression and a free press; they warned that forcing journalists to answer could chill future sources. Mr Charleton said that any order to compel answers would be "absolutely futile" because the journalists' resistance would not change the outcome. The tribunal will consider whether any witnesses need to be recalled before final submissions are heard. The chairman will meet his legal team to decide next steps. The tribunal has identified 20 issues to address in its report.

2018-06-22 · Dublin

Action over sale of school's playing grounds is resolved

In a High Court case concerning the Christian Brothers' plan to sell part of Clonkeen College's playing grounds to builders for €18 million, the parties reached a settlement. The board of management of the 520‑pupil school had sued the congregation, arguing that the sale would harm the school and that a 2006 agreement guaranteed the fields' continued use. The congregation denied any such agreement and claimed a binding contract to sell the land. The court, presided over by Ms Justice Carmel Stewart, allowed the case to be struck out on consent, with no settlement details disclosed. A statement from the parties announced an amicable agreement, including the donation of almost four acres of land to the Edmund Rice Schools Trust to secure first‑class sports facilities, and the development of adjoining land to fund school facilities.

2018-06-21 · Dublin

Bank seeks possession of two properties owned by Jerry Beades

In a dispute over two properties owned by Jerry Beades, a financial lender seeks to enforce possession orders. Beades, an anti‑eviction activist, allegedly borrowed €1.3 million in 2003 from IIB Homeloans Ltd, securing the loans against properties on Richmond Avenue, Fairview, Dublin 3, and Little Mary Street, Dublin 1. The lender claims no repayments have been made for ten years, with €2.1 million still outstanding. Possession orders were obtained from the High Court in 2008, upheld by the Supreme Court in 2014, but the lender did not take possession in 2015 due to concerns about the impact on tenants. The lender now requests the High Court to execute the orders and to change the plaintiff's name from IIB Homeloans Limited to KBC Bank Ireland Limited. Beades' counsel argues that KBC and IIB are separate entities and that the orders cannot be transferred. The judge has reserved judgment, with no decision date announced.

2018-06-21 · Kilkenny

Hoteliers sue bank over over allegedly wrongful €3m refinancing fee

Joseph Comerford, a well‑known hotelier from Castlecomer, Co. Kilkenny, and his sons John and Derek, who run the Academy Plaza Hotel on Dublin's O'Connell Street, have filed a lawsuit against Ulster Bank over a €3 million refinancing fee they claim was imposed under duress. The Comerfords say the bank pressured them to refinance loans during the recession, alleging the hotel was in default in 2012. They argue the bank used this situation to take equity in their business and extract an unreasonable fee through its Global Restructuring Group. The €3 million payment was made in December 2014 via Ulster Bank's entity UB SIG (ROI). In 2015 the family refinanced the debt and ended their relationship with the bank. Represented by Downes Solicitors, they seek orders to recover the money, declarations that the agreements were void and unconscionable, and damages for economic loss, undue influence, breach of duty and duress.

2018-06-21 · Cavan

Wallace believes there was "orchestrated campaign" against McCabe

At the Charleton tribunal in Dublin on 21 June 2018, Dáil Deputy Mick Wallace gave evidence regarding allegations of a campaign to undermine Garda whistleblower Sergeant Maurice McCabe. Mr Wallace told the tribunal that he believed an orchestrated campaign had been conducted against Sgt McCabe, based on conversations with Superintendent David Taylor, the former Garda Press Officer. Mr Wallace stated that Supt Taylor had expressed remorse for damage caused to Sgt McCabe and his family, though the Deputy acknowledged that Supt Taylor may have embellished aspects of his own treatment. The tribunal is examining allegations that Supt Taylor was directed to smear Sgt McCabe. Former Garda Commissioners Martin Callinan and Nóirín O'Sullivan have denied involvement in any such campaign. Evidence was also heard from RTÉ staff, journalists, and other witnesses regarding conversations about derogatory remarks allegedly made by Commissioner Callinan concerning Sgt McCabe's mental health and conduct.

2018-06-19 · Dublin

Identity theft used in international scheme to launder money through Irish accounts

In a High Court ruling, Ms Justice Carmel Stewart declared €211,000 held in Irish bank accounts as proceeds of crime. The funds were deposited by an individual using the alias 'Darren H Barnett', who had obtained a UK passport number through identity theft and used it to secure a PPS number in Ireland. In 2012, Barnett opened several Dublin bank accounts and received international deposits, including US$269,000 from a Dubai entity described as "frozen Atlantic Salmon." The Criminal Assets Bureau (CAB) traced the money to a scheme involving the alias, a fraudulent company named Harglena Global, and false residential addresses. CAB presented evidence that the company was not legitimate and that the alleged home address was unrelated to Barnett. Despite CAB's attempts to serve documents, the alias could not be located. The court, following CAB's evidence, ordered the freezing of the monies under Section 3 of the 1996 Proceeds of Crime Act.

2018-06-15 · Ireland

Indo editor denies telling colleague that McCabe was "a paedophile"

Fionnan Sheahan, editor of the Irish Independent, has denied telling a former colleague that garda whistleblower Sergeant Maurice McCabe was "a paedophile". Giving evidence to the Charleton tribunal on Friday, Mr Sheahan stated he had only encountered "unfounded allegations and rumours" on the matter and possessed no evidence to present. The tribunal is examining allegations that Superintendent David Taylor was directed to conduct a smear campaign against Sgt McCabe, claims denied by former commissioners Martin Callinan and Nóirín O'Sullivan. Mr Sheahan contended that former Sunday Independent editor Anne Harris was "confused" about an alleged 2014 conversation and suggested she was "headline hunting". Former RTÉ Chief News Editor Ray Burke and Garda Human Resources director John Barrett also gave testimony regarding coverage of the O'Higgins Commission report into policing in the Cavan-Monaghan division. The tribunal resumes next Thursday.

2018-06-15 · Dublin

Teens get suspended sentences for thrashing Oberstown facility

Two teenage boys, aged 15 and 16 at the time of the offence, were given suspended sentences after they "thrashed" a metalwork room at Oberstown detention centre for three hours, using hammers to smash items and causing €14,290 of damage. The boys threatened their teacher and refused to leave the room when asked by staff and Gardaí, leading to the Public Order Unit's intervention. They pleaded guilty to criminal damage at Dublin Circuit Criminal Court on 14 June 2017. The older boy, now 17, has 36 prior convictions including criminal damage, arson, vehicle seizures, theft and public order offences; the younger boy, now 16, has 28 prior convictions including criminal damage, robbery, burglary, threat to kill and public order offences. Judge Melanie Greally imposed a two‑year sentence on the 16‑year‑old and a two‑and‑a‑half‑year sentence on the 17‑year‑old, both suspended on strict conditions including probation supervision.

2018-06-15 · Ireland

Reynolds "deeply resents" Taylor's claim of negative briefing

Paul Reynolds, an RTE crime correspondent, told the Charleton tribunal that he was shocked and deeply resentful when former Garda press officer Superintendent David Taylor nominated him as a journalist who had been negatively briefed about whistleblower Sergeant Maurice McCabe. Reynolds also expressed annoyance at being named by journalist Colum Kenny as one of two reporters who claimed McCabe had been investigated for child abuse. The tribunal is examining whether former commissioner Nóirín O'Sullivan attempted to influence RTE broadcasts on 9 May 2016, when Reynolds discussed the leaked O'Higgins Commission report. It is also reviewing allegations that Taylor, as Garda press officer, was directed to smear McCabe. Former commissioners Martin Callinan and Nóirín O'Sullivan deny any smear campaign. The tribunal will consider evidence from Mr Barrett and others to determine the facts. The proceedings remain at the investigative stage.

2018-06-15 · Ireland

Consultants to get pay rise after settling claim against State

In a High Court settlement on 15 June 2018, Irish hospital consultant doctors will receive a pay rise following the resolution of their breach‑of‑contract claims against the Health Service Executive and the State. The settlement, covering the 2008 Consultants Contract, provides corrected remuneration and retrospective payment, costing the State €200 million and adding €60 million to the annual consultants' pay bill. The Irish Medical Organisation and the Irish Hospital Consultants Association welcomed the outcome. The judge, Ms Justice Úna Ní Raifeartaigh, had been scheduled to hear several lead cases brought by hundreds of consultants alleging the State failed to honour agreed pay promises. The settlement applies to the lead cases, pending cases, and other non‑litigating consultants within the contract's terms. The agreement was described as a "new dawn" that will fully realise the 2008 contract's vision and objectives. The judge approved the settlement terms as a court order.

2018-06-14 · Cavan

Sources weren't "pouring poison" in reporter's ear, Tribunal hears

In a hearing before the Charleton tribunal, RTÉ journalist Paul Reynolds denied that he had received any negative briefing or "poison" from sources about whistleblower Sgt Maurice McCabe. Reynolds explained that he had taken notes during conversations in preparation for a 9 May 2016 broadcast on the O'Higgins Commission report, which investigated complaints by McCabe about policing in the Cavan‑Monaghan garda division. The notes referenced a 2006 sexual‑abuse allegation against McCabe that the Director of Public Prosecutions had dismissed the following year, and Reynolds said he never used or broadcast that information. He stated that rumours about McCabe were "around, in the ether," but he did not focus on them once the DPP decision was known. Reynolds also claimed he had not been part of any negative briefing and that his notes were not intended for detailed legal scrutiny.

2018-06-14 · Dublin

Legal challenges to North Dublin housing scheme are fast tracked

In June 2018 the High Court fast‑tracked several legal challenges to An Bord Pleanála's decision to grant planning permission for a 500‑unit housing development on former St Paul's College playing pitches in Raheny. Mr Justice David Barniville granted permission for the applicants to bring their cases against the board, the State and other parties, including the Minister for Culture, Heritage and the Gaeltacht. The applicants – Clonres CLG, environmental campaigner Peter Sweetman, Mr John Conway and the Louth Environmental Group – argue that the decision is fundamentally flawed, that An Bord Pleanála failed to carry out an Appropriate Assessment of the impact on natural habitats, and that the development contravenes the EU Birds Directive and Dublin City Council's development plan. They seek orders to quash the permission, declarations of non‑compliance, and to set aside the decision. The judge adjourned the matter for two weeks and placed a stay on the permission.

2018-06-14 · Dublin

Judge dismisses bank's bid for €2.6m summary judgement against couple

In a High Court decision on 14 June 2018, Mr Justice Donald Binchy dismissed AIB's application for summary judgment of over €2.6 million against Kevin and Gillian O'Brien of Blackrock, Dublin. The judge found that the couple had raised an arguable defence, so the matter must proceed to a full hearing. AIB claimed it had advanced money to the O'Briens, which the court said was used for a €2.5 million property purchase adjacent to their former home. The bank alleged the couple breached loan terms in 2010, though some payments had been made. The O'Briens argued the 2006 and 2008 advances were not drawn in 2010, rendering the 2010 loan agreements void due to lack of consideration. They also claimed AIB failed to honour an oral agreement for additional funds and did not comply with mortgage arrears conduct code.

2018-06-14 · Ireland

Reynolds tells tribunal that "record speaks for itself"

During the Charleton tribunal, Paul Reynolds defended his reporting on the O'Higgins Commission, asserting that his record demonstrates his commitment to asking hard questions. He explained that he had obtained the final O'Higgins report from multiple sources and that his scripts underwent full editorial scrutiny, including review by the acting director general. Reynolds highlighted that former Commissioner Nóirín O'Sullivan had walked off interviews twice, and that he had no derogatory remarks about Sergeant Maurice McCabe. He described email exchanges with news editors, noting advice to remain neutral and avoid bias. Reynolds maintained that his coverage was factual and that the broadcasts correlated with the final report, emphasizing that his duty was to report truthfully rather than use parliamentary language. The tribunal continued its examination of the matter.

2018-06-13 · Dublin

Action opens over ICA elections

Patricia Madden, a 39‑year member of the Irish Country Women's Association (ICA), has brought a High Court action seeking to compel the ICA to count ballots cast in its 2018 national executive election and to declare the winners for the National President, National Secretary and National Treasure positions. She argues the ICA breached its constitution by failing to count ballots before the AGM in May and by not announcing the winners at that meeting. The ICA, represented by Frank Beatty SC and Brendan Kirwan BL, acknowledges election issues and proposes a fresh election later in the year. Madden's application includes injunctions to prevent the ICA from filling board vacancies until the court decides, and to protect ballot papers from destruction. The judge allowed 30 additional ICA members, including candidates, to join the case and noted the dispute appears to be an administrative error.

2018-06-13 · Ireland

"Hooded men" proceedings withdrawn after Government confirms appeal

High Court proceedings concerning the Irish Government's appeal against a European Court of Human Rights (ECHR) decision regarding the Hooded Men have been withdrawn. The applicants, Mary McKenna and Sean McKenna, along with the Human Rights and Hooded Men entities, initiated the case after the State confirmed it would refer the ECHR's March ruling to the Grand Chamber. Mary McKenna, daughter of one of the men, had sought an order compelling the government to urgently inform her of any intention to appeal, citing concerns that the decision timing was too close to the ECHR deadline. Following the Government's confirmation of its appeal, counsel Leanora Frawley Bl informed Mr Justice Seamus Noonan that the proceedings were moot and would be withdrawn. The matter was adjourned to a date in July to address any issues concerning legal costs. The ECHR had previously ruled that the treatment of 14 men detained by the British Army in 1971 was inhuman and degrading but did not constitute torture. The Irish Government had requested a revision of this 1978 decision in 2014 following new disclosures, which the ECHR refused last March.

2018-06-13 · Ireland

"Substantial progress" made in talks with consultants, court told

The High Court heard that significant progress has been made in talks to resolve breach‑of‑contract claims brought by Irish hospital consultant doctors against the Health Service Executive and the State. The hearing of several lead cases, which were due to start last week, was put on hold to allow the parties to continue negotiations. John Rogers SC, representing many of the consultants, told Justice Úna Ní Raifeartaigh that the break had been "very helpful" and that efforts were ongoing to reach a settlement. Counsel requested the cases be adjourned to Friday morning, a request the judge accepted. The judge described the cases as "complex and significant" and indicated the court would give the parties time to pursue the discussions. The disputes centre on a 2008 contract that promised pay increases to consultants in exchange for adopting new working conditions, including extending the working week from 37 to 39 hours.

2018-06-12 · Ireland

Talks between consultants and HSE to continue overnight

In a High Court hearing on 12 June 2018, the judge, Ms Justice Úna Ní Raifeartaigh, addressed the ongoing dispute between consultant doctors and the Health Service Executive (HSE) and the State over alleged breaches of a 2008 contract. The doctors, represented by John Rogers SC, Michael Cush SC, Gerard Durcan SC and Alex White SC, claim that the HSE and the State failed to honour agreed pay increases that were tied to new working conditions, including an increase in the working week from 37 to 39 hours. The HSE and the State, represented by Eoin McCullough SC, Eileen Barrington SC, Marguerite Bolger SC and Paul Sreenan SC, deny the breach. The hearing, originally scheduled to begin the previous week, was adjourned to allow further talks aimed at resolving the dispute. The judge, describing the situation as "in limbo," requested additional time, hoping for clarity on whether the cases would proceed or be settled overnight.

2018-06-11 · Ireland

Sun journalist "would not allow herself to be used in smear campaign"

Eavan Murray, a journalist for the Irish Sun, told the Charleton tribunal that she would not allow herself to be used in a smear campaign. The tribunal is examining allegations by former Garda press officer Superintendent David Taylor that he directed a smear of Sergeant Maurice McCabe. Former commissioners Martin Callinan and Nóirín O'Sullivan deny any smear campaign. The DPP had directed no prosecution after a Garda investigation in 2006, finding no evidence of a crime. Murray said she never received negative briefings about McCabe from Taylor or any Garda, nor was she told he was a child abuser. She had contact with Taylor, as shown by texts and calls, but claimed she was not covering the McCabe story for her paper. Her focus was on crime, and she said the penalty‑points scandal was more political. Murray visited the home of former press officer Miss D in early 2014 to seek an interview.

2018-06-11 · Dublin

Probation for cyclist who damaged woman's first new car

Sean Marlow, 64, a former DCU electrical engineering lecturer, was found guilty of criminal damage to a woman's new car after striking it with a bicycle lock. The incident occurred on Collins Avenue, Ballymun, on 28 August 2017, when Marlow, riding in a cycling lane, collided with the car's bonnet and wing mirror, causing €1,130 worth of damage. The woman, who had a 12‑year‑old daughter, was stopped at a traffic light when the collision happened and later reported the event to Gardaí. Marlow, who has bipolar disorder and no prior convictions, compensated the victim and pleaded guilty. Judge Melanie Greally, noting his cooperation, early plea, remorse, and good work record, applied section 1(2) of the Probation Offenders Act, granting him probation and leaving him without a criminal record.

2018-06-11 · Armagh

Daughter of hooded man takes legal challenge against State

Mary McKenna, daughter of the late Sean McKenna, one of the "hooded men" detained by the British Army in the early 1970s, has filed a High Court challenge demanding the Irish Government urgently inform her whether it intends to appeal the European Court of Human Rights' 1978 ruling that the men's treatment was not torture. Ms McKenna argues that her father's death in 1975 was directly caused by the interrogation and sensory deprivation he endured while interned. She cites medical evidence and new information released in 2014 showing the UK knew of the long‑term effects of the techniques used. The Irish Government's 2014 request for a revision of the 1978 decision was denied by the ECHR in March. At the High Court, counsel for Ms McKenna, Leanora Frawley Bl, noted the government has until 20 June to decide whether to appeal to the Grand Chamber, a deadline she says is too short.