Olga Dretcaru, a 38‑year‑old seamstress from Rathmines, pleaded guilty in the Dublin Circuit Criminal Court to evading excise duty on 20,000 Marlboro cigarettes she brought from Moldova. Customs officer Gillian Gough testified that the cigarettes had a retail value of €10,500, including about €2,000 VAT and €6,500 in excise duty, and that the state lost just under €8,371. Judge Martin Nolan noted that Dretcaru had no prior convictions and had fully admitted her role to investigators. He imposed a two‑year prison sentence, suspended on the condition that she does not repeat the offence; a repeat would result in imprisonment. Dretcaru had purchased the cigarettes in Moldova for €1,000 in cash, intended to sell some in Ireland but was unsure how, and had a Moldovan tax stamp on the packs.
Raymond McCord, a Newtownabbey campaigner, launched a High Court challenge against the Irish State regarding its alleged failure to disclose policies on calling a border poll in Northern Ireland. Counsel Ronan Lavery QC, appearing with solicitors Paul Farrell and Ciaran O'Hare, argued before Mr Justice Seamus Noonan that the State's lack of clarity breaches the Good Friday Agreement. The applicant seeks declarations that the State's failure to publish criteria for a border poll is unlawful and that a simple majority in Northern Ireland is sufficient for unification. Alternatively, he seeks a declaration that the State must hold a corresponding poll in the Republic if a majority in the North votes for unity. The action was brought against An Taoiseach, the Minister for Foreign Affairs and Trade, the Government of Ireland, the Attorney General, and Ireland. Mr Justice Noonan granted permission to bring the action on an ex-parte basis. The matter was adjourned, with the action set to be returnable in February.
In December 2017, Lieutenant Colonel Jerry Lane, a senior officer in the Defence Forces, filed a High Court challenge after the State refused to give him an independent report on allegations of corruption and misconduct within the military. Lane had raised concerns in 2010 that a fellow officer was being given preferential treatment for a senior post that Lane claimed the officer was ineligible for. He made a protected disclosure to the Seanad in 2011, after which he faced threats of dismissal and involuntary retirement, which were later withdrawn. In 2016, the Minister for Defence appointed Colm Smyth SC to conduct an independent review. Lane cooperated, submitted a 137‑page document, and requested the report, but it was withheld and kept sealed. He then sought intervention from former Taoiseach Enda Kenny.
The High Court has appointed a provisional liquidator to Tairgi Acla Ltd, a brewery operator on Achill Island, County Mayo. Mr Justice Paul Gilligan made the appointment on Friday, naming chartered accountant John Healy as provisional liquidator following evidence that the company is insolvent and unable to meet its debts. The brewery, located at Bunnacurry, produced Achill brand beer and faced liabilities totalling €158,000. The court was told the company had lost its insurance and brewing licence, with electricity supply at imminent risk of disconnection due to unpaid bills. Counsel for the company stated the liquidation would secure assets and stock while enabling two employees to pursue redundancy, wage arrears, and holiday pay claims before Christmas. The company, established in 2014 by brothers Malcolm and Dermot Cooney and UK-based cousins Anthony and Daniel Keating, ceased trading following a breakdown in relations between the cousins. Company members unanimously agreed to the appointment. The matter was adjourned to January.
The High Court has been asked to approve survival schemes for seven Galway companies controlled by businessman Gerry Barrett, which employ over 330 people. Insolvency practitioner Neil Hughes, who was appointed examiner earlier this year, has prepared the schemes. The companies—KH Kitty Hall Holdings Ltd, Ml Meyrick Ltd, Mono Trading Ltd, Edward Leisure Assets Unlimited Company, Niche Hotels Unlimited Company, Style City Limited and Radical Properties Unlimited Company—had sought the examiner's appointment but now oppose the arrangements. They had previously sought court protection after Deutsche Bank appointed a receiver, claiming the banks owed more than €690 million. The bank had opposed the examinership, arguing the companies were trying to renege on a 2016 debt settlement that would have sold assets to reduce debt. The bank now supports the schemes. At the hearing, Justice Marie Baker was informed that investor Waltzfire Ltd offered €89 million plus €9 million working capital to fund the companies and enhance assets.
The High Court has ordered that a Dublin City centre homeless shelter must close by May 1, 2018, unless its planning status is regularised. Mr Justice Donald Binchy granted final orders in proceedings brought by applicants Carman's Hall Community Interest Group, Michael Mallin House Resident's Association, and Elizabeth O'Connor against Dublin City Council (DCC). The applicants alleged that DCC's October 28, 2016 decision to authorise the conversion of Carman's Hall into a hostel was unlawful and breached planning laws. DCC opposed the application, arguing the facility addressed a humanitarian crisis. The judge held that DCC's decision was in material contravention of the local development plan, noting that proper consideration was not given to the over-concentration of such facilities in the area. Consequently, the court quashed DCC's decision and declared it a material contravention of the plan. However, a stay on these orders was agreed upon, allowing the facility to remain open until May 1, 2018, provided DCC takes steps to ensure compliance with planning laws. The judge awarded the applicants their costs for the main proceedings but ruled that both parties should pay their own costs for a previous pretrial application where DCC successfully lifted a stay. The judge commended the residents for agreeing to keep the facility open during the winter.
In a High Court hearing on 7 December 2017, Mr Justice Paul Gilligan ruled that Ms Amy O'Reilly, the mother of three children and the "innocent party" in a possession dispute over a Dublin property, may remain in the house at Cedar Brook Avenue, Cherry Orchard, until February. The property is owned by Mr Gerry Ward, who has contested the appointment of Mr Simon Coyle as receiver by the Bank of Ireland. Mr Coyle had obtained orders in 2016 preventing Mr Ward from dealing with, occupying or interfering with the property, but had not secured possession. Ms O'Reilly, who had been paying rent to Mr Ward, was ordered to vacate but was granted a stay until February to arrange alternative accommodation. The judge also adjourned contempt proceedings against Mr Ward to February and directed that any recordings made by a woman claiming to be Mrs Ward be deleted in court. The case remains at the High Court stage.
In a High Court case, Norgine BV, a Dutch pharmaceutical company, obtained an order from Judge Paul Gilligan directing AIB to disclose the names and addresses of the holders of an account in the bank's Cahir, Tipperary branch. The order, to be complied with within six days, was sought because Norgine alleges it suffered a serious cyber fraud, paying about €440,000 to the account after receiving an email that appeared to come from an Italian supplier but was actually fraudulent. The company claims the supplier never received the funds, and only a portion of the money has been recovered, leaving roughly €400,000 outstanding. Norgine seeks to identify the individuals who handled the account and to trace the money's destination. AIB, represented by Paul Fogarty, stated that confidentiality and data protection prevented it from providing the requested information, but the parties agreed to the wording of the order. The case was adjourned to a later date in the month.
A High Court action brought by Edward Magan, a beneficiary of the Eaglehill family trust that owns Castletown Cox, over the proposed sale of the 513‑acre south Kilkenny estate has been halted. Mr Magan had previously failed to stop the marketing of the property in a Jersey court, where the court allowed DW Trustees to proceed with marketing and access to Castletown. The trust's lawyers sought injunctions in Dublin to stop the Irish Times from publishing an article about the sale, but Mr Justice Paul Gilligan refused to restrain the newspaper and only allowed Mr Magan to serve short notice of proceedings for an injunction preventing the trustees from promoting the sale. The case was adjourned several times and returned to the High Court after DW Trustees moved to dismiss it on jurisdiction grounds.
In a High Court hearing, former Labour Party TD Joe Costello sought to compel the enactment of legislation that would increase the number of Dáil members before the next general election. Costello argued that the current size of the Dáil would be unconstitutional under Article 16.2.2, which requires one TD per 20,000 to 30,000 people. He cited the 2017 Constituency Commission's recommendation that Dublin Central, his constituency, be expanded from three to four seats to reflect population changes shown in the 2016 Census. Costello claimed that the State and Oireachtas had failed to meet this constitutional requirement, thereby infringing his rights as a citizen. The court adjourned the case for two weeks for mention only, with the High Court President noting that the matter had lost momentum. No decision on the application was made at that time.
Ms Stela Vasile, a pensioner receiving a state pension and rent supplement, has filed a High Court challenge after Social Welfare officials suspended her rent allowance amid an investigation by the Department of Employment Affairs and Social Protection. The investigation began 12 months ago and has not been completed, leading to arrears and a fear of homelessness. Vasile, represented by Fechin McDonagh SC, seeks a court order compelling the Minister to determine the investigation and a declaration that the suspension of her rent supplement is unlawful. She argues the delay is irrational, unreasonable, and breaches fair procedures. While her pension was restored in January, the rent supplement remains suspended. In April her landlord warned of arrears and potential eviction, though he allowed her to stay. Vasile has requested the investigation's outcome or continued rent payments, but has received no response.
Doyle Shipping Group (DSG) secured a court injunction that allows it to continue providing services to Stena Line's ferries at Dublin Port while the dispute over the alleged termination of their contractual relationship is resolved. DSG has operated a €4 million‑per‑year contract with Stena Line for over 20 years, covering stevedoring, passenger handling, freight loading and unloading, and administration. Stena notified DSG on 31 August that it was ending the agreement, giving three months' notice. DSG argues that this notice breaches an oral 2015 agreement that would keep services in place until 2022, and seeks a declaration that the termination notice is invalid and that the 2015 agreement is binding. Stena counters that the notice is valid under a 2011 agreement and has entered a new contract with another party for the services.
The High Court granted the Irish Banking Resolution Corporation (IBRC) Commission an injunction against Post Publications, trading as The Sunday Business Post, to prevent the newspaper from publishing any information or evidence provided to the Commission. The injunction, issued by Justice Paul Gilligan, remains in force until the Commission releases its report on the Siteserv sale. The sale, valued at €45.4 million in March 2012, involved Millington Ltd, controlled by Denis O'Brien, and is one of the transactions under investigation. The Commission feared that the newspaper's publication of witness statements, oral evidence, or documents could breach the 2004 Commissions of Investigation Act and undermine its work. The injunction restricts the paper from publishing any statement, exhibit, oral evidence, or documents circulated by the Commission, and it is to stay until the Commission's report is published. The Commission's concerns stem from earlier articles that may have disclosed confidential evidence, prompting the injunction to protect the integrity of the inquiry.
In a High Court case on 30 November 2017, the Dublin Cemeteries Committee, trading as Glasnevin Trust, obtained orders from Mr Justice Paul Gilligan directing Twitter International Company to disclose the identity of an anonymous user operating the profile "Justice4Employees" at @Glasnevinexpose. The Trust sought Norwich Pharmacal orders to obtain the user's name, emails, IP addresses, postal addresses, and to remove posts that it claimed were disparaging, defamatory and damaging. The judge declined to order Twitter to delete the material, stating that such an order should be pursued after the user's identity is known and that the Trust could return to court to seek removal of the posts. Twitter, represented by Paul Coughlan Bl, neither consented nor objected to the identification orders but suggested amendments. The judge gave Twitter 21 days to comply with the Norwich Pharmacal orders. The Trust's request to remove the posts was denied, with the judge noting the remarks were "very serious" and "grossly defamatory.".
A German film company, W2 Filmproduktion Vertriebs GmbH, has settled pre‑trial matters in a lawsuit against Irish film producers Morgan O'Sullivan and James Flynn. W2 alleges that the producers diverted €25 million of revenue from Octagon Films Ltd, a company in which W2 holds a 49 % stake, and seeks damages for breach of contract and duty. The defendants, directors of Octagon, deny any wrongdoing and have denied that any money was diverted. They had filed motions to strike the claim as frivolous and to appoint a liquidator to investigate Octagon, but W2 opposed these motions. After negotiations, the parties agreed to dismiss the motions to dismiss the case and to wind up the firm, and to allow W2 to pursue Octagon's claims against the defendants. The judge approved the settlement and the case was adjourned until April 2018.
A High Court dispute between Rev Obinna Ulogwara and Most Reverend Dr Jackson, Archbishop of Dublin and Bishop of Glendalough, has been settled. The application for an injunction, which opened before the High Court last May, was adjourned from time to time to allow the parties to see if the matter could be resolved outside of court. On Wednesday, when the matter returned before the High Court, counsel for Rev Ulogwara told Mr Justice Paul Gilligan that the matter had been settled and could be struck out. No details of the settlement were revealed in open court, and Mr Justice Gilligan welcomed the resolution. In his proceedings, Rev Ulogwara, a priest of the Church of Ireland and Bishop's curate, claimed his position at the Parish of St George and St Thomas was permanent and that the absence of assurances regarding his future after the parish amalgamation amounted to a breach of contract. He argued that as a Bishop's curate, he could not be removed without an equivalent position. The Archbishop, represented by Tom Mallon Bl, denied the claims and urged the court not to grant the injunction, arguing that Rev Ulogwara was not an employee of Dr Jackson or the church and did not have tenure at the former parish. The matter was adjourned previously to facilitate out-of-court resolution, which has now been achieved.
W2 Filmproduktion Vertriebs GmbH, a German film company, has opposed a High Court application to strike out its claim against Irish film producers Morgan O'Sullivan and James Flynn. W2 alleges that the producers diverted funds from Octagon Films Ltd, a company in which W2 holds 49% of the shares, to themselves or to corporate entities they control, resulting in an estimated loss of €25 million in revenue. The producers deny the allegations, calling them an affront to their good character, and argue that no monies were diverted. W2 seeks damages for breach of contract, duty and fiduciary duty. The producers have also applied to have Octagon wound up and to appoint a liquidator, claiming the wind‑up application is intended to stymie W2. The pre‑trial motions before Ms Justice Eileen Creedon are expected to last eight days, and the case is set to proceed to a full trial.
A bank's application for summary judgment for €7.5m against a Dublin man has been admitted to the fast‑track commercial court list. Ulster Bank Ireland Designated Activity Company is seeking judgment against Mr Liam Mulvaney of Sarsfield Road, Inchicore, Dublin 8. The bank, represented by Kelley Smith BL, says it loaned monies under various agreements to Mr Mulvaney and other co‑borrowers between 2004 and 2010. The loans were used for purchases of lands and properties in Ireland and Romania and for working capital to assist with various investment properties. In 2015 the bank entered into an arrangement with financial fund Promontoria Aran Ltd (PAL) where it holds the right title, security and interest in the loans in trust for PAL.
Celina O'Driscoll, 47, pleaded guilty to assault causing harm and resisting arrest after she threw an empty pint glass at Maria Delaney during a fight in the Greyhound Inn, Blanchardstown, on 31 July 2016. Delaney suffered a head injury that required three stitches. O'Driscoll, who had been intoxicated and claimed she was nervous about a night out with work colleagues, was described by the court as having behaved "disgracefully" towards Gardaí and was "extremely aggressive" when officers attempted to arrest her. She received a two‑year suspended sentence, was ordered to pay €500 to Gardaí and given one year to raise a similar amount for Delaney. O'Driscoll has seven prior convictions, including larceny and drug possession, and has two teenage children. She has worked as a cleaner and now as a gym receptionist, and has been drug‑free for seven years.
In a fast‑track commercial court hearing, a receiver appointed by Pentire Property Finance, Mr Ken Tyrrell, sought to secure vacant possession of a luxury penthouse at 28 and 29 Howth Lodge, Howth, Dublin 13. The property had been pledged as security for loans that Mr Paul Carroll obtained from the Bank of Scotland in 2004 and 2005, loans later acquired by Pentire. Mr Tyrrell claims the debt owed to the fund is €1.4 million and that the apartment, originally two separate units, has since been combined into one. Mr Carroll, who represented himself, opposed the case's admission, arguing the valuation of the properties at over €1 million was excessive, presenting a valuation of €750,000, and disputing the debt amount. He also contended the property had become his and his wife's family home and challenged the receiver's appointment.
A legal dispute between farmers Rory Bridgette and Albert Murphy and Sainfoin Property Company, part of the Comer group owned by brothers Luke and Brian Comer, has been resolved. The applicants claimed rights to five acres of land at Turnapin, Cloghran, near Dublin Airport, which they used for grazing horses, alleging they were bullied and intimidated by company representatives. The defendant denied these allegations, stating the farmers had no rights to the land purchased in 2014 and that the claims were made to denigrate the firm. The matter was heard before Mr Justice Brian McGovern at the Commercial Court. Counsel for the applicants, Martin Hayden SC, stated the proceedings had been resolved and the claim withdrawn, requesting a costs order in favour of the defendant. Counsel for the farmers, Eanna Mulloy SC, confirmed an agreement to remove a lis pendens registered against the lands. The judge welcomed the resolution. Previously, in September, Ms Justice Eileen Creedon discontinued a temporary injunction obtained by the farmers, preferring the company's evidence that there was no basis for the claims of interference or trespass. The court noted the farmers had fenced off the land since the early 2000s, while the company alleged the farmers attempted to extort compensation. The current hearing concluded with the withdrawal of the claim and the agreed removal of the lis pendens.
In a High Court case concerning the Vaults bar beneath Connolly railway station, the dispute over the premises' closure due to repeated flooding was settled. The Vaults, operating from 2002 to 2012, closed in March 2012 after an engineer's report warned of a serious health and safety hazard. Declan Ryan, a shareholder and director of The Vaults Trading Ltd, sued CIE, Irish Rail, and the Dublin Docklands Development Authority for breach of contract, negligence, and failure to prevent flood damage. The defendants denied the claims, arguing the plaintiffs had contributed to damage by neglecting maintenance. The case, opened on 7 November 2017 before Mr Justice Marie Baker, was resolved after negotiations, with settlement terms kept confidential. The Vaults had a 200‑year lease from 2002, during which the defendants were responsible for repairing the main structure, while the tenant could not alter it.
A High Court action taken by a widow who lost over €400,000 on foreign property investments has been resolved to the satisfaction of all parties involved. Ellen O'Mahony had sued financial advisor Thomas Connolly and two Castlebar-based companies of which he is a director, Western Premier Properties Ltd and Morcon Financial Services Ltd, over alleged failures to properly advise her of investment risks in Dubai and Portugal properties. Ms O'Mahony claimed she was persuaded to invest following the sale of her late husband's public house in Castlebar in 2007, when she received €1.2 million. The defendants denied the allegations, arguing she was fully aware of the risks involved and that her action was statute barred. The case commenced before Mr Justice Donald Binchy on Tuesday and was adjourned for settlement discussions. On Thursday, counsel for Ms O'Mahony informed the court the matter had been resolved and the action was struck out.
Jadesola Agbalade, 51, pleaded guilty on 20 July 2016 to knowingly distributing child pornography after forwarding a clip that showed a child aged between two and five being raped. She claimed she sent the video via WhatsApp to warn a friend about the dangers of leaving her children with her boyfriend. The clip was discovered during an investigation of a man arrested for credit card fraud at Dublin Airport in July 2017; the phone used to send the clip was traced back to Agbalade. She admitted to receiving and sending the clip, and also sent it to a female friend with three children, who has not been identified. Agbalade has no prior convictions, lives in temporary accommodation, and has one teenage child and two adult sons. Judge Karen O'Connor adjourned the case to 1 March 2018 to obtain a psychological report, citing that Agbalade did not understand the gravity of her actions.
The High Court has dismissed three legal challenges against plans for a new €320m runway at Dublin Airport. Mr Justice Max Barrett ruled on actions concerning the proposed 3,110-metre development on 261 hectares north and north-west of the terminal. The first challenge, brought by Friends of the Irish Environment, alleged non-compliance with the Habitats Directive and the 2000 Planning and Development Act, and claimed the project would increase greenhouse gas emissions. The judge dismissed this, finding the group lacked the right to participate in the decision to extend planning permission under section 42 of the Act and failed to prove disproportionate interference with constitutional environmental rights. The second action, by St Margaret's Concerned Residents Group, claimed pre-construction works in December 2016 constituted unauthorised development in breach of planning conditions. The judge rejected this, noting that while mistakes happen, he was not exercising discretion to rule in the residents' favour. A third action by 22 individual residents alleged the development was illegal and that Fingal County Council failed to address their concerns. This was also dismissed. Dublin Airport Authority, Fingal County Council, the State, and Ryanair all rejected the claims. The cases have been adjourned for a week to allow the various parties to consider the decisions. It is not known if an appeal will be taken.
The High Court heard the first challenge to the Minister for Social Protection's refusal to grant an Exceptional Needs Payment (ENP) to pensioner Martin Finn. Finn, who suffers from asthma, arthritis and heart problems, applied for an ENP to purchase a winter jacket, claiming the cold weather worsened his conditions. On 17 September the Minister denied the request, citing a new policy that the need must be both exceptional and unforeseen. Finn's counsel argued that this requirement lacks statutory basis and that the Minister's discretionary power is improperly exercised. The case raises a wider issue of how the ENP scheme is applied nationwide, affecting thousands of applicants. Finn, aged in his sixties and residing in Ballybough, seeks an order quashing the refusal and a declaration that the Minister has fettered his discretion under Section 201 of the 2005 Social Welfare Act. The judge granted permission ex‑parte and set a return date for early December.
In a High Court case, a primary school successfully challenged a Department of Education direction that it must enrol a child into its special speech and language class. Mr Justice Paul Coffey quashed the recommendation of a three‑person Appeals Committee that had advised the Secretary General to enrol the boy, citing the school's lack of a clear admission policy for oversubscribed places. The court noted that the school had 17 applications for only three spots and had already allocated places to three students. The judge found the committee's recommendation unfair to other applicants and remitted the matter to a new committee for further consideration. The school's board of management had brought the judicial review, arguing the decision was irrational and breached fair procedures. The case remains at the stage of a new committee hearing the remitted matter.
In a High Court ruling on 10 November 2017, Mr Justice Michael Twomey granted an injunction requiring Drumderry Aggregate Ltd to hand over certification for the Hollowcore flooring it supplied and fitted at the extension to St Conleth's College in Newbridge, Co Kildare. The extension, designed for 250 students but now serving 477, was to be completed by year‑end 2017 with new facilities ready in January 2018. K&J Townmore Construction Ltd, the main contractor, argued that the lack of certification threatened the project's completion and could cause financial loss exceeding €430,000 if remedial work were needed. Drumderry, represented by Eanna Mulloy SC, opposed the application, claiming it was not responsible for health and safety matters beyond its own work. The judge noted all other certifications had been provided, held Drumderry liable only for its own certification, and ordered the certificates to be delivered within seven days. The injunction was granted to protect the project's timely completion.
The High Court approved a scheme that allows FCR Media Ltd, the publisher of the Golden Pages directory, to exit examinership and continue trading as a going concern, thereby safeguarding 73 jobs. The scheme, devised by examiner Neil Hughes, was supported by the majority of creditors and the trustees of the firm's pension scheme, and received a neutral stance from Revenue. Mr Justice Robert Haughton approved the arrangement on Thursday. FCR Media Ltd, which employs 103 workers, has decided to cease printing the Golden Pages and focus on its online business, resulting in redundancies in the printing section. The company secured fresh investment during examinership and has a reasonable prospect of survival, with forecasts for 2017 and 2018 positive.
Jadesola Agbalade, 51, pleaded guilty on 20 July 2016 to knowingly distributing child pornography after forwarding a clip via WhatsApp to warn a friend about leaving her children with her boyfriend. The clip showed a child aged two to five being raped by a man and had circulated internationally since about 2014. Gardaí traced the phone number to Agbalade, who admitted receiving and sending the clip. She is currently in temporary homeless accommodation and has no prior convictions. The court heard that she had one teenage child and two adult sons at university. Judge Karen O'Connor received a detailed probation report and adjourned finalisation of the case to 21 November 2017. The case remains at the sentencing stage.
In a Dublin garda station, Michael Alexis, aged 53, appeared in a distressed state and admitted involvement in a burglary that occurred on 25 September 2015 at The Gasworks Apartments, Dublin 4. He was physically and mentally unwell, and he claimed he had been a lookout, not the main perpetrator, and that he had received €200 for his role. The burglary took place between 9.30 am and 11 am while residents were away, resulting in the theft of four laptops, a tablet and an iPad mini. Alexis had previously been sectioned under the Mental Health Act but was interviewed by gardaí a month later. He pleaded guilty at Dublin Circuit Criminal Court, where the judge ordered a probation report and adjourned the case to 21 December for finalisation. The court noted his prior convictions and his personal circumstances, including a history of alcohol abuse and a desire to re‑enter employment.
A 12‑year‑old dancer, Ella McCarthy, failed to obtain a High Court injunction that would have allowed her to compete in the Southern England qualifying round for the 2018 Irish Dancing World Championships. Mr Justice Tony O'Connor ruled that the legal arguments presented by Ella and her mother were tentative and not strong enough to justify an injunction pending the final hearing. The judge noted that Ella had been barred from CLRG competitions for six months because she had to change teachers, a decision linked to a breakdown in the relationship between her mother, a registered CLRG teacher, and the head of her former London school. The CLRG denied any wrongdoing and argued the six‑month period was a protective measure, not a disciplinary sanction. The court awarded the CLRG costs, placing a two‑year stay on the order.
UK-based Ella McCarthy, a 12-year-old Irish dancer, returned before the High Court seeking an injunction to allow her participation in a world championship qualifier. McCarthy, acting through her mother Kristy Blair McCarthy, sued An Coimisiun Le Rinci Gaelacha (CLRG), alleging she is barred from competing for six months under CLRG rules because she switched dancing teachers last July. The CLRG denies wrongdoing and opposes the application, arguing the rule is not a disciplinary measure but a protective policy for young dancers that has existed for 30 years. CLRG counsel also contended that McCarthy lacks locus standi and has no contract with the organization. McCarthy's counsel stated that the CLRG refused to grant an exemption without providing a reason, and that she has no right of appeal. The court was told that if McCarthy cannot enter the qualifier, she cannot participate in the 2028 world championships. The matter was adjourned following talks between the parties to allow a CLRG subcommittee to consider her application for an exemption. The hearing continues.
In November 2017 the High Court heard a claim by businessman Declan Ryan and The Vaults Trading Ltd, the operators of a bar and restaurant beneath Connolly railway station, against CIE, Irish Rail and the Dublin Docklands Development Authority (DDDA). The venue, known as The Vaults, had operated from 2002 until it was forced to close in March 2012 after an engineer's report declared the persistent flooding a serious health and safety hazard. Ryan, a shareholder and director of the trading company, alleges that the defendants breached contract, were negligent and failed to prevent the flood damage, despite a 200‑year lease signed in 2002 that required CIE and DDDA to repair and maintain the main structure. The plaintiffs claim damages for breach of contract and negligence, while the defendants deny the allegations, arguing that the plaintiffs contributed to the damage by failing to maintain pipes, pumps and waterproofing.
Former international rugby referee David McHugh resolved High Court proceedings he had brought against the Irish Rugby Football Union (IRFU) over the decision to dismiss him from his role as Referee Performance Manager. McHugh, employed by the IRFU since 1997, claimed the dismissal was unlawful and breached his contractual rights. He had secured a temporary injunction preventing the IRFU from publishing any material about the termination and from terminating his employment pending the full hearing. The case was brought before Mr Justice Tony O'Connor, who heard that the parties were in talks and that the matter had been resolved, allowing the proceedings to be struck out. No details of the agreement were disclosed. McHugh, who has officiated at major international matches, said he had believed the October 5 meeting was to discuss grievances about referee resourcing, not a termination. He claimed the decision left him feeling disgraced and humiliated.
In a dispute over ferry docking services at Dublin Port, Stena Line and Doyle Shipping Group (DSG) have brought proceedings to the Commercial Court. DSG, which has operated a €4 million‑per‑year contract with Stena to provide stevedoring, passenger handling, freight loading and administration, claims that Stena's August notice to terminate the agreement is invalid. DSG argues the notice breaches an oral 2015 agreement that would bind Stena until 2022. DSG seeks declarations that the termination notice is void, that the 2015 agreement remains binding, and injunctions preventing Stena from breaching the contract, transferring obligations, or evicting DSG from its Dublin Port premises. Stena counters that the notice is valid under a 2011 agreement allowing a three‑month termination, and seeks a declaration of its validity, an injunction against DSG's interference, and possibly possession of the 5.16‑ha section of the port where its ferries operate.
Pharmaceutical giant Teva Pharmaceutical Industries Ltd has filed a High Court case against Mylan Teoranta, trading as Mylan International, a Galway‑based subsidiary of the multinational Mylan group. Teva alleges that Mylan has infringed its patents on a 40 mg/ml glatiramer acetate injection used three times a week by patients with relapsing forms of multiple sclerosis. The product is manufactured in Galway and sold on the US market. Mylan denies the infringement claims. Teva seeks several orders, including an injunction to stop Mylan from making, offering or marketing the alleged infringing product, a declaration that such marketing constitutes a trademark infringement, and an order for damages. The case was admitted to the fast‑track commercial court list by Mr Justice Brian McGovern and is scheduled to return before the court in January. The proceedings remain ongoing, with no final judgment yet issued.
A financial fund, Feniton Property Finance DAC, has brought a case in the Commercial Court seeking a judgment of €1.226 million against a partnership that includes broadcaster Gay Byrne, his wife Kathleen, and their two daughters, Susan and Crona Byrne. The fund acquired a €1 million loan from Bank of Scotland (Ireland) in 2007, which was intended to finance the partnership's investment in the Quinlan Private CERDII Fund. The loan was for six years and expired in 2013. In November 2015 the fund purchased the loan from BOSI. The fund alleges that the partnership failed to repay the loan and, after a demand in April, has not satisfied the outstanding amount. The case was admitted to the fast‑track Commercial Court list by Mr Justice Brian McGovern and is scheduled to return before the High Court in January.
David McHugh, a former international rugby referee and former Referee Performance Manager for the IRFU since 1997, has filed High Court proceedings against the Irish Rugby Football Union. He alleges that his dismissal on 5 October was unlawful and breached his contractual rights. McHugh claims the IRFU, following an independent review of the referee department, decided he was not fit to lead it and terminated his contract. He says he was informed of the decision during a meeting where he was told he had been fired, and that he had no opportunity to defend himself. McHugh argues the dismissal was a deliberate attempt to deprive the department of adequate resources, causing him stress and affecting his health. The High Court granted him a temporary injunction preventing the IRFU from publishing any further statements about his termination, with the matter to be returned next week.
In a High Court hearing, K&J Townmore Construction Ltd, the main contractor for an extension to St Conleth's College in Newbridge, Co Kildare, argued that a dispute with subcontractor Drumderry Aggregate Ltd could delay the opening of the new school facilities. The extension, designed to accommodate 250 students but now serving 477, was expected to be finished by year‑end and ready for use in January 2018. K&J claims Drumderry failed to provide required certification for flooring supplied and installed by the subcontractor, a certification essential under building regulations. Without the certificates, K&J fears costly remedial work, potentially exceeding €430,000. K&J has sought an order compelling Drumderry to supply the certificates and preventing their withholding. Mr Justice Paul Gilligan granted ex‑parte notice and set the case for a return next week. The dispute centres solely on the certification issue, unrelated to other legal actions between the parties. The outcome of the order remains pending.
Joanne Penston brought a High Court action against Dun Laoghaire Rathdown County Council over extensive damage to her three‑bedroom house at Rollins Villas, Sallynoggin, after she had rented it out in 2013. She claimed that the council's rental accommodation scheme had nominated tenants who were unsuitable and that the council's representations about the tenants were false and negligent. Penston alleged that the tenants caused severe damage, describing holes in walls, a broken bed, mattresses in the garden, removed copper piping, a washing machine and floorboards, damaged windows and doors, and a range of debris including needles, broken glass, beer bottles and toys. She said the property was in a state of "chaos" and that the damage was worth almost €70,000. The council denied liability, denied that it had nominated the tenants, denied making any representations to Penston, and denied negligence.
A High Court judge, Mr Justice Paul McDermott, refused to allow two local residents to appeal his decision that cleared the way for Apple to develop the first phase of an €850m data centre in Athenry, Co Galway. The judge said the residents' case did not raise a point of law of exceptional public importance or a public interest that would justify an appeal. He noted that many of the residents' arguments were a re‑argument of points already considered by An Bord Pleanala and the High Court. The residents, Sinead Fitzpatrick and Allan Daly, had claimed that An Bord Pleanala had failed to carry out an Environmental Impact Assessment (EIA) for the masterplan of eight data halls and that the Board had not addressed the energy demand and greenhouse‑gas implications.
The High Court appointed a receiver over shares in three Irish aviation firms—Fastway Leasing DAC, Avion Leasing Ltd DAC, and City Leasing DAC—linked to Russian businessman Rashid M Mursekayev. The shares are held in trust for Mursekayev, who is under criminal investigation in Russia for alleged fraud related to financial difficulties at Vim Avia Airlines, a company he co‑owns. The court's orders were sought by lawyers for the US‑registered firm Volgadnepr‑Unique Air Cargo Inc, which had obtained a €4 million judgment in German courts against a German‑registered firm, ACG Air Cargo, whose loan was guaranteed by Mursekayev. The receiver, Mr Jim Luby of McStay Luby, is to hold all shares and prevent any transfer or disposition pending further court orders. The orders were granted ex‑parte by Mr Justice Paul Gilligan and the case was adjourned to a date next week.
In a High Court hearing, Joanne Penston, a childcare worker, alleged that the South Dublin house she had let under the Dun Laoghaire Rathdown Co Council's Rental Accommodation Scheme (RAS) was left in a "health hazard" condition after the tenants, a family of five, vacated it in March 2013. Penston described the property as having holes in walls, a removed downstairs toilet, a bed cut in half, mattresses in the garden, and copper piping and floorboards removed. She noted that many windows and doors were damaged and that the garden had become a rubbish tip with needles, broken glass, beer bottles and toys. She claimed the damage amounted to almost €70,000 and that she still owed money for repairs. Penston said a Garda who visited after the tenants left did not enter the house and that she could not get anyone to clean the garden. She has since returned to live in the property.
A masked man, Francis Leahy, 58, robbed a Spar shop in Ringsend on 18 February, taking €360 in cash and using a loaded gun with 10 rounds. He was immediately recognised by a shop worker as a regular customer, who initially thought Leahy was joking until the gun was pointed at him. Leahy claimed he had gambling debts and had received threatening bullet cartridges in his letter box, prompting the robbery. He was arrested shortly after, found with the gun, cash and additional ammunition, and pleaded guilty to one count of robbery and one count of firearm possession. Leahy has 21 prior convictions, including drug possession, theft, larceny and assault, and has been in custody since the offence. The case was adjourned to 28 November. The victim expressed fear for his life during the incident. The court noted the seriousness of the offence and the presence of a live firearm and ammunition.
In a High Court case, Judge Michael Twomey imposed an Isaac Wunder order on June Smith and her non‑professional advisor William Murphy after a series of actions Smith had taken against the former farm at Carn, Portarlington, which had been mortgaged to ACC Loan Management and subsequently sold. Smith had previously been found in contempt in 2012 and had obtained a permanent injunction preventing her from trespassing on the farm. Despite the order, Smith continued to file motions against new parties, including Ballinline Ltd, the State, and the Garda Commissioner, and sought an injunction from Judge Max Barrett, who was unaware of the earlier injunctions. Smith's claims against her former solicitor were struck out as unsubstantiated. Judge Twomey declared that Smith's continued litigation was an abuse of process, and he expanded the Isaac Wunder order to prohibit any further proceedings against the farm without the President of the High Court's permission.
A High Court action brought by UK-based Ella McCarthy, a 12-year-old applicant, against An Coimisiun Le Rinci Gaelacha (CLRG) was adjourned to November 7th. McCarthy, represented by her mother Kristy Blair McCarthy, sought an injunction to allow her to compete in a world championship qualifier. She alleged that CLRG rules prevented her from competing for six months after she switched teachers in July, a change resulting from a dispute between her mother and a London dancing school. McCarthy's counsel described the proceedings as a last resort, arguing it was unfair for a child to be penalised for an adult dispute. CLRG counsel, Mr Peter Bland SC, stated the six-month period was not a suspension but a rule designed to prevent undue pressure on children switching teachers. The parties reached an accommodation whereby a CLRG subcommittee would consider McCarthy's application for an exemption. The judge, Mr Justice Paul Gilligan, adjourned the case to allow this subcommittee to make its decision. He noted he was prepared to hear the injunction application on the return date if necessary. The matter was not concluded or finalised; it remains pending the subcommittee's review.
David Clail, aged 28, admitted to breaking into his ex‑girlfriend Sharon Murphy's home on 20 September 2016. He entered the house, smashed doors and windows, damaged furniture, and threatened to kill Murphy and her family. Clail claimed he had no reason for his actions other than waking up "in a black mood" and "blanked out". He pleaded guilty to burglary armed with a flick knife, criminal damage and threatening to kill. The court heard Murphy was alone, had a toothache, and called 999 during the incident. Clail was arrested, admitted the break‑in and the violence, and was scheduled for sentencing on 14 December 2023, pending a psychiatric diagnosis. He has a prior conviction from 2008. The judge warned that any contact with Murphy would result in a court appearance. The case remains at the sentencing stage.
In two High Court actions involving Irish Asphalt Ltd and James Elliot Construction, the disputes were struck out after the parties reached out‑of‑court agreements. The first case, heard by Ms Justice Caroline Costello, concerned allegations that Irish Asphalt and its directors supplied products containing excessive pyrite and misrepresented their quality. James Elliot Construction sought damages and an indemnity, but the claims were denied and the case was dismissed with the parties acknowledging no basis for deceit or misrepresentation. The second case, before Mr Justice Tony O'Connor, involved a petition for the appointment of a liquidator over an alleged unpaid debt of more than €2.4 million. James Elliot Construction withdrew the petition after mediation, and the proceedings were struck out. Both parties agreed to resolve the matters, with Irish Asphalt's legal costs partially covered by James Elliot Construction. The winding‑up application was opposed by Irish Asphalt, its directors and Lagan Holdings Ltd, the company's largest creditor.
In February 2016, customs officials at Dublin airport seized €71,000 from Ramon Rodriguez, who was staying at the Maldron Hotel in San Isidor, Sabadell, Spain. The money was concealed in a biscuit tin and bed sheets. Rodriguez claimed the cash belonged to the "Moldovan mafia" and said he intended to hand it over to a Moldovan man in Spain. He had previously been convicted in the UK for importing 10 kilograms of cannabis. Dublin Circuit Criminal Court heard that Rodriguez feared for his life and would not return to Ireland. Counsel applied for forfeiture under section 39 of the Criminal Justice Act 1994, arguing the cash was proceeds of drug trafficking. Judge Karen O'Connor granted the forfeiture, ordering the €71,000 to be transferred to the State as proceeds of crime. The case highlighted the concealment method and Rodriguez's explanations as key factors in the court's decision.