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2017-06-23 · Dublin

Father owes €40k in child maintenance, family court hears

In a Dublin District Family Court hearing, a self‑employed father was ordered to pay €40,140 in child maintenance to the mother of his two children. The court had previously set the arrears at €38,920 in April, and the father had not made any payments since. Counsel Sophie Cargin argued that the father had promised to pay €120 per week for maintenance and €30 per week toward the arrears, but had failed to do so. Judge Gibbons warned the father that failure to comply could lead to imprisonment and demanded that he return with documents proving his income and expenses. The father admitted he had an accountant who was deceased and agreed to pay €120 per week and a €500 lump sum, with the case adjourned for a follow‑up hearing next week.

2017-06-23 · Dublin

Judge orders that Dublin property be vacated by all residents

In a High Court ruling on 23 June 2017, Mr Justice Paul Gilligan ordered that all residents of 24 Mountjoy Square, a Dublin city centre property subject to a fire safety notice issued in August 2016, vacate the premises by 9 July. The judge, while expressing sympathy for the Polish family of 12 who had lived there and wished to remain, stated that the court could not ignore the fire safety risk. The order also required up to a dozen students living in the building's windowless basement to leave. Fire wardens were to remain on site until the vacate date. The receiver, Ms Anne O'Dwyer, sought vacant possession, citing non‑compliance with the safety notice, while the owner, Mr Christopher Singh, contested the receiver's appointment and claimed work had been done to address the issues. The case was adjourned to a July hearing.

2017-06-22 · Dublin

Uninsured hit and run driver given more time to gather funds

Melvin Rattigan, 18 at the time of the incident, caused a collision with cyclist Ms Laura Briggs on Lower Dominick Street, Dublin, on 13 May 2015. Rattigan, who lacked a full driving licence and vehicle insurance, left the scene after the crash, claiming he had panicked. Briggs, cycling home from work, sustained serious injuries, including a hairline skull fracture, and reported ongoing physical and mental effects. Rattigan pleaded guilty to dangerous driving causing serious bodily harm. The court adjourned sentencing to allow him to raise €3,000 for compensation, with a finalisation date set for 1 November. Judge Karen O'Connor noted the offence's serious impact on Briggs and considered Rattigan's youth and lack of prior convictions in deciding to keep him in the community. The case remains at the sentencing stage.

2017-06-22 · Limerick

Complainant told gardai that "Larry McCarthy" stabbed him in leg, trial hears

In a Special Criminal Court hearing, 33‑year‑old David Foran claimed that on 25 November 2014, after a traffic incident, he was assaulted by Larry McCarthy (37) and others at Cornmarket Villas, Limerick. Foran said McCarthy stabbed him in the leg with a knife and that the assailants tried to remove his bulletproof vest. He alleged that McCarthy and two other men threatened to use "unlawful violence" and that they had been involved in a dispute over compensation money following a motorcyclist's knock‑down. McCarthy, who lives at Tower Lodge, Crossgalla, has pleaded not guilty to the assault charge. The court accepted Foran's statements as reliable after the prosecution demonstrated inconsistencies with earlier Garda statements. The case will continue before Ms Justice Isobel Kennedy, Judge Gerard Griffin and Judge Gerard Haughton.

2017-06-21 · Dublin

Father temporarily placed in custody after judge criticises his attitude

In a Dublin District Family Law Court hearing, a father who owed €767 in child maintenance, including school costs, was temporarily detained after a judge criticised his attitude. The mother claimed the father had been unemployed since April, but he only informed her earlier that month and insisted he had no income or address, preventing him from applying for social welfare. Judge John Lindsay instructed him to file a summons to vary the existing maintenance order, which currently stands at €271 per month. When the father questioned how he could pay, Lindsay warned him not to be belligerent or he would call the Gardaí. The father, who threatened to call the Gardaí himself, was taken into custody for just under half an hour and later apologized. The case was adjourned for one month to allow the father to apply to vary the maintenance order.

2017-06-21 · Dublin

Robber swiped USB keys from garda station while being questioned

Dubliner Jason Kennedy (45) pleaded guilty at Dublin Circuit Criminal Court to robbery at Park Pharmacy, Cabinteely, and stealing two USB keys at Shankill Garda station on August 18, 2016. Kennedy, of Butlers Place, Benson Street, has 43 previous convictions. The court heard that Kennedy had been clean of drugs for a number of years but had suffered a 'slip' at the time of these offences. Garda Desmond Molloy stated that Kennedy, armed with a hammer, threatened staff at the pharmacy before making off with €500 in cash and a large quantity of prescription drugs. He was arrested after being spotted in an Audi with a large dent in the door, and Garda recovered a large amount of medication in the car, as well as the clothes worn in the robbery and the hammer. Kennedy was taken to Shankill Garda Station for questioning, where footage revealed that he stole the USB keys while the garda was out of the room. Kennedy returned the USB keys and told gardaí 'it was only a joke.' Olan Callanan BL, defending, said that Kennedy had been assessed as suitable for a place in Coolmine residential treatment centre and asked the court to allow him the opportunity to attend. Judge Karen O'Connor adjourned sentencing until next week to hear further detail in relation to the drug rehabilitation course.

2017-06-20 · Kildare

Nurse slapped elderly dementia patient and referred to him as a "dirty Jew", inquiry finds

A Fitness to Practice inquiry at the Nursing and Midwifery Board found that Registered Nurse Marilyn Rillera, 57, from the Philippines, slapped an 87‑year‑old resident of the Maynooth Community Care Unit in December 2015 and referred to him as a "dirty Jew." The inquiry recorded that Rillera failed to communicate appropriately with the dementia patient and was non‑compliant with the nurses' professional code of conduct. Rillera was not present at the inquiry and denied using the phrase, claiming she only told the patient he was dirty. Linda Jennings, a health‑care assistant who assisted the resident that day, testified that Rillera said, "You can't hit a woman. What are you, a dirty Jew?" and then slapped the patient's arm. The resident was shocked and upset but did not understand the incident shortly thereafter. Rillera had worked in Ireland since 2002 and may have returned to the Philippines.

2017-06-20 · Dublin

Residents to leave Dublin building described as potential fire safety risk

In a High Court hearing, it was ordered that a family and other residents of a Dublin City Centre building at 24 Mountjoy Square, which also houses 24 Charles Lane, must vacate the premises over the coming days and weeks. The building, deemed a potential fire safety risk, had received a fire safety notice from Dublin City Council in August of the previous year. Ms Anne O'Dwyer of Duff & Phelps, acting as receiver since March, had initiated proceedings to secure vacant possession, citing non‑compliance with the notice and the danger posed to residents, neighbouring buildings and the public. The receiver's case was directed at the owner, Mr Christopher Singh, and TWI Textile Machinery and Fabric Company Ltd, which partially occupies the property. Mr Singh, a director and sole shareholder of the company, opposed the receiver's appointment and hired an expert to address the fire safety issues. The court adjourned the matter to allow the parties to negotiate.

2017-06-16 · Dublin

Up to 20 people staying in Dublin building described as potential fire safety danger, court told

In a High Court hearing on 16 June 2017, the court was told that up to 20 people were living at 24 Mountjoy Square, Dublin, a premises that had been subject to a fire safety notice issued in August of the previous year. The notice had not been complied with, and the building was described as a potential fire safety danger and a risk to the public. Lawyers for Ms Anne O'Dwyer, who had been appointed receiver of the property in March, sought vacant possession of the premises and an injunction against the owner, Mr Christopher Singh, and TWI Textile Machinery and Fabric Company Ltd, which partially occupies the site. The receiver's counsel reported that an inspection had found eight people, including four adults and four children, in an upstairs bedsit, and up to 12 people in the basement, which may have been offered as Airbnb accommodation.

2017-06-16 · Ireland

Rail worker's action is settled

Carol Sheridan, a 55‑year‑old clerical officer in Irish Rail's corporate communications, was dismissed after a random breath test on 27 September 2023 recorded 50 µg per 100 ml, above the company's 35 µg threshold. She was initially suspended, then formally dismissed on safety grounds. In February 2024 she sought an injunction to prevent dismissal, arguing no serious safety issue had been identified and that the test reflected alcohol consumed the previous evening, not at work. Irish Rail opposed the injunction, citing her presence at work under the influence as a safety risk. The injunction was withdrawn after the parties entered talks. The High Court heard the case was settled; no settlement details were disclosed. Sheridan will not return to work, and the case was struck out. No further legal action was reported.

2017-06-15 · Dublin

Dublin city residence a "fire safety risk" and "should be vacated immediately", court told

In a High Court hearing on 15 June 2017, the court was told that a Dublin city centre property at 24 Mountjoy Square, which includes the premises known as 24 Charles Lane, is a fire safety risk and must be vacated immediately. The building houses a textile business and is being used for residential purposes, a use that is not permitted under a Fire Safety Notice issued by Dublin City Council in August of the previous year. The receiver, Ms Anne O'Dwyer of Duff & Phelps, represents the property owner, Mr Christopher Singh, and TWI Textile Machinery and Fabric Company Ltd. The receiver has been unable to access the premises since her appointment, and the building is still being used for residential purposes, contrary to the notice. Dublin City Council, after a recent inspection, has urged the receiver to vacate the building immediately.

2017-06-14 · Ireland

Former garda commissioner alleged to have described whistleblower Sgt Maurice McCabe as "kiddie fiddler", tribunal told

The Charleton Tribunal has been told that former Garda Commissioner Martin Callinan allegedly described whistleblower Sergeant Maurice McCabe as a "kiddie fiddler" and said McCabe was "not credible" and had sexual abuse allegations against him. The allegations were made by former Garda press officer Sergeant David Taylor, who claimed Callinan instructed him to brief against McCabe and that Commissioner Nóirín O'Sullivan was aware of these instructions. Taylor said he was to present McCabe as motivated by revenge and that he briefed journalists negatively. The tribunal, chaired by Justice Peter Charleton, is investigating a smear campaign against McCabe and will consider whether the false allegations were used to discredit him and whether Callinan and O'Sullivan abused their positions of trust. The tribunal will sit again on 3 July.

2017-06-14 · Dublin

Tribunal to investigate whether Garda commissioners "abused their position of trust"

The Disclosures Tribunal, chaired by Mr Justice Peter Charleton, was established to investigate an alleged smear campaign against Garda whistleblower Maurice McCabe. The tribunal will examine whether false allegations made against McCabe were used to discredit him and whether the current and former Garda commissioners, Nóirín O'Sullivan and Martin Callinan, abused their positions of trust. Counsel Mr Diarmaid McGuinness SC outlined that the tribunal's inquiries would focus on the transformation of the original allegations into claims of serious sexual abuse, the persistence of these false allegations in Garda records despite attempts by social workers to correct them, and the 2007 determination by the Director of Public Prosecutions that the allegations did not constitute sexual assault or assault. The tribunal also heard complaints from Garda Keith Harrison, who noted similarities between his own experience with the Child & Family Agency and the treatment of McCabe, suggesting a possible pattern of misconduct.

2017-06-14 · Cork

Judgement expected next month in Ian Bailey case

The High Court will give judgment on July 24 on a second extradition request for Ian Bailey, 60, to France over the 1996 death of Sophie Tuscan du Plantier. Bailey denies any involvement. French authorities first sought his surrender in 2010, but the Supreme Court refused in 2012, ruling that Section 44 of the European Arrest Warrant Act barred extradition because the alleged offence was committed outside French territory and Irish law does not allow prosecution for the same offence abroad by a non‑Irish citizen. The 2016 warrant was issued again, prompting the State to ask the High Court to refer the Supreme Court's 4‑1 interpretation of Section 44 to the European Court of Justice. Counsel for Bailey argues the Supreme Court decision is an absolute jurisdictional bar, while counsel for the Justice Minister seeks a reference to correct the interpretation. The High Court will consider whether any matters remain for further hearing.

2017-06-01 · Waterford

Experienced nurse found guilty of professional misconduct

An experienced Waterford nurse, Angelah Machekanyanga, was found guilty of professional misconduct by a fitness‑to‑practice inquiry. The case concerned a patient (Patient A) who underwent a hip‑replacement surgery on 26 November 2014 at the private Whitfield Clinic. Machekanyanga began her shift that evening and provided care to the patient and others throughout the night. A pain assessment at 10 pm recorded a pain level of 8/10, but no further assessment was documented until 6 am the next morning. The patient reported no relief until 3 am, when a doctor discovered a bleed in the buttocks, requiring a return to surgery. The inquiry found that Machekanyanga failed to perform the required Colour, Movement and Sensation assessment and failed to record the care she provided, amounting to professional misconduct and non‑compliance with the nurses' code of conduct. The hearing, which began in November 2016, was held at the Talbot Hotel in Dublin.

2017-06-01 · Dublin

High Court dismisses challenge to large-scale Howth housing development

The High Court dismissed a challenge brought by teacher Christian Morris against An Bord Pleanala's approval of a €22 million development in Howth, Co. Dublin. The project, approved on 20 June, would replace industrial and commercial buildings with 145 apartments, 51 houses, six commercial units, a community/sports hall, a public park, a plaza and cycle and pedestrian paths on a 4.4‑hectare site. Morris argued that the development would flood the area with cheap housing, cause traffic congestion, and force the council to sell a public park to a private developer without replacement. He also sought an injunction to compel Glenkerrin Homes and its receivers to clean up and demolish parts of the site. The judge found Morris's claims outside the strict time limits for a judicial review, that he had no standing for the injunction, and therefore dismissed all his actions. The decision confirms the council's and the board's approvals remain in force.

2017-05-31 · Dublin

Recycling company fined €25k over transfer of waste to unlicensed sites

In a Dublin Circuit Criminal Court hearing, Greyhound Recycling and Recovery (GRR) pleaded guilty to breaches of the Environmental Protection Act and the Waste Management Act for transferring waste to five unlicensed sites in Kildare, Dublin and Laois between April and June 2012, and for failing to keep adequate records between March and August 2012. The company admitted providing false information and breaching its license. The Environmental Protection Agency (EPA) noted that GRR had a waste licence from May 2007 for storing and transferring waste from a Clondalkin site, where most output was Solid Recovered Fuel (SRF) bales. The licence allowed shipping SRF to suppliers on the continent and storing bales at Dublin Port, but the company diverted them to unlicensed sites when the port storage was full. EPA investigators found 5,000 bales at a Kildare site, 2,000 at Maynooth, 120 at a Tipperary site, 1,000 at Hollystown, and evidence of storage at Ballybrit.

2017-05-31 · Cork

Minister for Justice "insulting" Irish courts by seeking re-open Bailey extradition, lawyers say

The Minister for Justice has sought to re‑open an extradition case for Ian Bailey, a 60‑year‑old former resident of Schull, who was denied surrender to France in 2012 by a Supreme Court panel. Lawyers for Bailey argue that the Supreme Court's 2012 decision, based on section 44 of the European Arrest Warrant Act, creates an absolute jurisdictional bar to his extradition for alleged voluntary homicide of Sophie Tuscan du Plantier, who died in 1996 outside her holiday home. Bailey denies any involvement and claims Gardaí attempted to frame him. His counsel, Garrett Simons SC, contends the Minister's new application is an abuse of process, undermining the Supreme Court's judgment and the sovereignty of Irish courts. The Minister's counsel, Robert Barron SC, maintains that the Minister has no power to refuse a warrant and will continue to submit to the High Court. The case remains pending before Mr Justice Tony Hunt.

2017-05-30 · Ireland

Father sues Minister for Social Protection over care allowance refusal

The father of a young boy with a serious medical condition has brought a High Court action against the Minister for Social Protection and the Attorney General, claiming the Minister's refusal to pay the Domiciliary Care Allowance is unconstitutional and violates the European Convention on Human Rights. The allowance is a monthly payment for children under 16 with severe disabilities who require ongoing care, but the father was informed in April that his son, who is currently in hospital, does not qualify because he is in an institution. The father, represented by Derek Shortall Bl and instructed by solicitor Gareth Noble, argues that he and his son have been discriminated against, as other children who are not hospitalised receive the allowance. He seeks an order quashing the Minister's decision of 23 May and declarations that the relevant sections of the 2005 Social Welfare Consolidation Act are unconstitutional and unlawfully discriminatory.

2017-05-29 · Dublin

Father showed video of drunk, semi-naked mother to son, court hears

In a Dublin District Family Court hearing, a father who admitted showing his son a video of his drunk, semi‑nude mother applied for increased access to his child. The mother, represented by solicitor Waheed Mudah, argued that the boy was "very distressed" and required a GP after the father's display of the footage. The boy has since refused to see his father. The father claimed the video was a "drunken state" clip, not photographs, and that he had recorded similar incidents. He requested the court to ensure the boy was not coached by his mother. Judge Bernadette Owens agreed to speak privately with the schoolboy to ascertain his wishes, noting he was bright, intelligent, sensitive and thoughtful, but that he did not wish to exercise access at that time.

2017-05-29 · Dublin

Mother alleged to have "abducted" her children produces them to court

In a Dublin District Family Court hearing on 11 May 2017, a separated mother who had taken her two children to South‑East Asia to be cared for by her mother returned them to Ireland. She claimed she could not find a child‑minder in Ireland and that her former partner had no interest in the children. The court, presided over by Judge Bernadette Owens, ordered the mother to produce the children, which she complied with. Judge Owens imposed no sanction, noting the mother's work‑shift difficulties and the effort she made to bring the children to court. She also ordered that the children's passports, held by the mother, be kept at the court and released only with written consent from both parents. The father's solicitor highlighted the seriousness of the alleged abduction to the parents' country of origin, while the mother's solicitor explained her work‑shift constraints. The judge acknowledged the need for cooperation from both parties.

2017-05-29 · Dublin

Dublin tourism project sues Failte Ireland over refusal for grant scheme

Frontier Entertainment Ltd has initiated a High Court challenge against Failte Ireland over the refusal to include its tourism project, 'the Vaults,' in the Grant Scheme for Large Tourism Projects 2016-2020. The company, which operates the Vaults at the Old School House building in St John's Lane Thomas Street, Dublin 8, claims the refusal was flawed. The application was rejected due to the project scoring 52 out of 60 points, falling short of the required 55. Frontier Entertainment alleges the decision breached legitimate expectations, fair procedures, and was irrational, citing the application of a bias/negative weighting against Dublin-based projects. Counsel for Frontier, Des O'Neill SC, stated that the weighting was applied after the application deadline and not communicated to applicants. The company seeks a declaration that its application should be reconsidered and the refusal quashed. Permission for the challenge was granted by Mr Justice Seamus Noonan on an ex-parte basis, with the matter returnable to a date in July.

2017-05-26 · Dublin

Bid to prevent sale of AIB "abuse of process"

In a High Court decision on 26 May 2017, Mr Justice Paul Gilligan struck out Vincent O'Donoghue's application to stop the sale of the State's shares in AIB. O'Donoghue, who represented himself, had sought a declaration that the sale was contrary to the common good and unlawful, and an injunction to prevent the Minister for Finance from disposing of any part of the State's holding. The judge found the claims frivolous, vexatious and bound to fail, and warned that allowing the action would constitute an abuse of process. He noted that AIB had no direct influence over the sale, that the Minister owned 99.87 % of the bank, and that the government's policy was to return AIB to private ownership, possibly selling up to 25 % of the shareholding by an IPO before the end of 2018. The case was adjourned for four weeks for the parties to consider the judgment.

2017-05-26 · Cork

Ian Bailey extradition hearing to go ahead next week

A hearing to decide whether Ian Bailey should be extradited to France to face a voluntary homicide charge over the death of Sophie Toscan du Plantier will take place next Wednesday. Bailey's legal team has finished their submissions and is ready to proceed. The hearing follows a European Arrest Warrant issued by French authorities. Bailey, 60, denies any involvement in the 1996 murder of Ms du Plantier, who was found beaten to death outside her holiday home in Schull, west Cork. French officials have already served him with an indictment and may try him in absentia.

2017-05-25 · Wicklow

ODCE seeks access to transcripts of Sean FitzPatrick trial

Lawyers for the Director of Public Prosecutions requested that the Office of the Director of Corporate Enforcement (ODCE) be given access to the transcripts of the Sean FitzPatrick trial. The trial, which lasted 127 days, ended with Judge John Aylmer directing an acquittal on all charges after heavily criticising the ODCE investigation. Mr FitzPatrick, aged 68 and from Greystones, had denied misleading Anglo's auditors about multi‑million euro loans linked to him and his family. ODCE staff were largely excluded from the extensive legal argument that characterised the trial. Dominic McGinn SC informed the judge that the DPP already possessed the transcripts and could liaise with the ODCE. Judge Aylmer said the court had no objection to the ODCE receiving the documents, noting they were a public record. The ODCE announced it would prioritise a report on the trial's collapse and seek the transcripts to aid that work. Sean FitzPatrick pleaded not guilty.

2017-05-24 · Dublin

Action brought by man who claimed taxi driver ran over foot and drove off with his mother is settled

Thomas Conlon, a 38‑year‑old psychiatric nurse, sued taxi driver Frank Daly after an incident on 25 April 2014. Conlon claimed he had called a taxi to take his mother, aged in her 80s, to St Stephen's Green. He said the driver's radio was extremely loud and that he asked to be let out of the car twice. Conlon alleged that when the taxi pulled in, the driver shouted at him about money, and then, while Conlon had one foot out of the car, the driver put the car in gear and drove off, running over Conlon's left foot. Conlon said he fell, dislocated his shoulder, and the taxi left with his mother still inside. Daly denied the claims, saying he was listening to football results and that he had stopped near a dangerous bend. The High Court case was settled after talks between the parties, and the judge welcomed the settlement.

2017-05-23 · Cork

"Whistleblower" tells High Court that accountancy firm made "fairly scandalous" comments

In a High Court hearing on 23 May 2017, Gerardine Scanlon, a resident of Bruhenny, Churchtown, Mallow, Co Cork, denied allegations by Grant Thornton that she had retained confidential material from a computer disk mistakenly sent to her in September 2015. Scanlon claimed the firm had made "fairly scandalous" remarks about her, including accusations that she demanded €1m to drop a case or had breached prior court orders. She presented herself as a whistleblower, asserting that Grant Thornton had breached data‑protection duties and that she possessed evidence of another breach in 2013. Grant Thornton, represented by Maurice Collins SC and Joe Jeffers BL, argued that the firm had notified the Data Protection Commissioner and complied with its directives. The firm sought to strike out Scanlon's defence and counter‑claim on the basis that they were legally unfounded. Scanlon opposed the motion, stating her defence might need amendment but should remain.

2017-05-22 · Galway

Promontoria seeks summary judgement of €30.5m against Galway businessman

Promontoria (Arrow) Limited has applied for summary judgment of €30.5 million against Patrick (Paddy) Kennedy of Slieverue, Athenry, Co. Galway, alleging he failed to repay loans originally advanced by AIB for land purchases between August 2006 and August 2009 and later acquired by NAMA. Promontoria, having bought the loans from NAMA in December 2015, demanded repayment and appointed receivers over Kennedy's assets, including properties in Portumna, Athenry and an apartment in Waterford. The application was heard by Mr Justice Brian McGovern, who placed the case on the fast‑track Commercial Court list, with a hearing scheduled for July.

2017-05-19 · Ireland

Boatman sues Minister over cut in Skellig Michael landing season

Sean Murphy, a boatman who has operated a vessel bringing visitors from the mainland to Skellig Michael for many years, has taken the Minister for Transport to the High Court after the Minister announced a decision to limit the landing season. The Minister's decision, communicated to Murphy on 30 March 2015, restricts licensed passenger boats to land only between 15 May and 30 September, citing health and safety reasons following a communication from the National Monuments Service, the owner of the island, its landing pier and access road. Murphy argues that the Minister has no authority to set the season's length, that the decision was made without consulting him, and that irrelevant considerations were used. In preliminary proceedings, Mr Justice Max Barrett granted Murphy discovery of relevant documents but declined to allow cross‑examination of an official who had sworn affidavits on behalf of the Minister, stating that the discovery order should suffice.

2017-05-18 · Cork

Woman denies trying to "blackmail" accountancy firm over alleged data breach

At the High Court, Gerardine Scanlon denied allegations that she attempted to blackmail accountancy firm Grant Thornton into paying €1 million to resolve actions over an alleged data protection breach. Mr Justice Paul Gilligan heard that Grant Thornton mistakenly sent confidential data to Ms Scanlon in September 2015. The firm obtained orders preventing her from releasing this information, which she agreed to return in December 2015. Grant Thornton's counsel, Maurice Collins SC, alleged Ms Scanlon failed to comply with the order, retained confidential data, and demanded €1 million to make related cases disappear, characterizing this as extortion. Ms Scanlon, representing herself, denied breaching the court order or retaining information. She stated the meeting with Grant Thornton was on a non-prejudice basis and rejected the blackmail claim as an attempt to smear her name. She also asserted she did not have the power to drop cases brought by the Data Protection Commissioner. The court considered pre-trial motions where Grant Thornton sought to strike out Ms Scanlon's defence and counterclaim, arguing they have no legal basis. Ms Scanlon opposed this and sought to join Danske Bank, the Data Protection Commissioner, and the Attorney General to the action. Those parties opposed being joined. The hearing was adjourned and resumes next week.

2017-05-18 · Dublin

Knives and machetes found at receiver-appointed property, court told

During a High Court hearing on 18 May 2017, Mr Justice Paul Gilligan reported that weapons, including knives and machetes, were discovered at a Dublin property on Annesley Bridge Road in Fairview, which the court had ordered to be handed over to a bank‑appointed receiver, Mr Simon Coyle. The property had been occupied by thirteen families, including a dozen children, who had been living in several units after the court had previously ordered the premises to be vacated. Two residents claimed they had been paying up to €200 per week in rent to a man named Brian, who has no connection with either the receiver or the owner, Mr John Farrelly. Mr Coyle had taken possession of the property and expressed concern that some residents might try to regain access, as they had only taken light possessions.

2017-05-18 · Dublin

Security guard described himself as "moron" after drugs bust

Joseph Moore, a 30‑year‑old supermarket security guard, faces jail after a planned search of his father's house uncovered nearly €10,000 worth of drugs. Gardaí found €7,735 of cocaine and €2,142 of cannabis herb, along with a digital weighing scale and street‑deal baggies. Moore told officers the drugs were for his own use, but he later pleaded guilty to possession for sale or supply. His defence lawyer, Dean Kelly BL, noted that Moore described himself as a "moron" and that his father, a retired civil servant now taxi driver, was disgusted yet supportive. Moore also had a €70,000 debt in unpaid motorway tolls, settled by his father for €6,700. The case is set for sentencing on 18 July.

2017-05-17 · Mayo

Singer Tommy Fleming says "Irish TV" broadcast hurt his career

Singer Tommy Fleming brought proceedings in the High Court against Telifís Mhaigh Eo Teoranta, trading as Irish TV, alleging breach of copyright following the unauthorised broadcast of his DVD Voice of Hope. The company, which operated from Westport Industrial Park in County Mayo and broadcast on Sky, Eir and free-to-air services, did not contest the application. The station broadcast the promotional material in December 2014 under the title Tommy Fleming Musical Extravaganza without permission. Mr Fleming gave evidence that his career had suffered as a result. His wife and manager, Tina Mitchell Fleming, told the court that sales of the recording had dropped and that planned discussions with SkyArts had ended following the broadcast. The Flemings and their company TF Productions Ltd had previously obtained an injunction against the broadcaster in December. They sought to make the injunction permanent. Mr Justice Paul Gilligan reserved his decision.

2017-05-17 · Dublin

Case of the unknown "Brian" returns before High Court

In a High Court hearing on 17 May 2017, Mr Justice Paul Gilligan ordered the Gardaí to report on an investigation into claims that 13 families living at 16 Annesley Bridge Road, Fairview, Dublin 3, were paying rent to an unknown third party named Brian. The judge had previously issued orders in favour of a bank‑appointed receiver, Mr Simon Coyle, requiring the families to vacate the premises by Wednesday morning. Mr Coyle, appointed by the Bank of Ireland in January 2015, had brought proceedings against the residents and the property's owner, Mr John Farrelly, after failing to take possession of the property. Mr Farrelly denied any connection with the alleged rent‑collector and claimed the families were squatters. The judge adjourned the case to Thursday morning, directing a Garda representative to attend court to investigate potential fraud and allowing Mr Farrelly to submit a sworn statement in the contempt proceedings.

2017-05-16 · Dublin

Father granted visits with daughter despite "credible account" of inappropriate touch

In a Dublin District Family Law court hearing, a father was granted supervised visits with his daughter despite her allegations that he repeatedly touched her bum. The mother had reported the matter to Tusla after the daughter told her that the father had massaged her bum while they watched television. The daughter described the incidents as the father putting his hand down her bum, and the social worker referred her to the St Claire's Unit at Temple Street Children's Hospital. The unit's report confirmed a credible account of inappropriate touch but could not determine sexual intent. The father, who had not seen his daughter since August, denied any sexual intent and expressed a desire to see her. Judge Marie Keane ruled that a blanket refusal of access was not justified, ordering weekly visits supervised by a grandmother and requiring both parents to behave respectfully during drop‑off and pick‑up.

2017-05-16 · Dublin

Judge tells unemployed father he will be jailed if he fails to obey maintenance order

In a Dublin District Family Law court, Judge Marie Keane warned an unemployed father that he would be jailed if he failed to comply with a maintenance order. The father owed €8,530 for the upkeep of his three children from a former partnership, a figure he contested, claiming only €3,300 was due. He had appealed every maintenance order since 2010 and had never complied. He stopped payments last year when he lost his job and claimed he was seeking work. Judge Keane questioned his lack of employment and his inconsistent payments, noting he could not afford the current order of €72 per week and offered €30. She rejected the offer, ordered him to Mountjoy Prison for 60 days for breaching the order, and warned that non‑compliance would result in imprisonment. She later accepted a revised weekly payment of €50, stating that failure to obey would still lead to the 60‑day sentence.

2017-05-16 · Ireland

Bogland battle comes before High Court

High Court proceedings were heard on Tuesday regarding a dispute over Ballycommon Bog in Co Offaly. The applicants, comprising the Eclipse Marine Retirement Benefit Scheme, the EJ Godwin (Peat Industries) Ltd director's pension scheme, Richard Bond, Andrew Rowland, and Bulrush Horticulture Ltd, claim exclusive ownership and occupation of the land since 1995. They allege that William Dunne and Mark Dunne have unlawfully trespassed and carried out detrimental works on the bogland. The Dunnes counter-claim to own a one-eighth share of the land, which they state they purchased for €100, and intend to apply for registration under the 1964 Registration of Title Act. The applicants refute these claims, asserting they have held the freehold interest to the exclusion of all others for over 22 years. Represented by Frank Crean BL, the applicants sought injunctions restraining the Dunnes from entering or interfering with the land, declarations confirming the pension schemes' ownership and Bulrush Horticulture's leasehold rights, and damages for alleged unlawful interference. Counsel noted that the Dunnes' activities have excluded Bulrush from lands it lawfully possesses, impacting its four full-time employees. Although the dispute had previously been pending before the Circuit Court, the matter was deemed urgent. Mr Justice Paul Gilligan granted permission to serve short notice of the proceedings on the Dunnes on an ex-parte basis and made the matter returnable to a date later this week.

2017-05-15 · Ireland

More families sue HSE over Assessment of Needs applications

Three families with young special‑needs children have brought High Court proceedings against the Health Service Executive (HSE) for failing to carry out the required Assessments of Need. The families, represented by Derek Shortall Bl, claim they have waited for an extended period and that none of the assessment components—occupational therapy, speech and language therapy, physiotherapy, and psychology—have been initiated. Under the 2005 Disability Act, the HSE must provide an initial assessment within three months of an application and complete the full assessment within an additional three months. The families seek an order compelling the HSE to finish the assessments within 30 days and declarations that the HSE has breached its statutory duties. Mr Justice Noonan granted permission ex‑parte and set the cases for a hearing in early June.

2017-05-12 · Dublin

Judge urges Archbishop and Minister to resolve differences outside of court

In a High Court hearing, Ms Justice Deirdre Murphy adjourned proceedings involving Rev Obinna Ulogwara and Archbishop Michael Jackson to May 25th, urging the parties to resolve their dispute outside of court. The judge suggested that Rev Ulogwara accept a pre-litigation offer to meet the Archbishop in a non-legal atmosphere, noting that both are members of the Church of Ireland and that there is no complaint regarding the Reverend's dedication to his ministry. She expressed hope that this adjournment would allow sense to prevail. Rev Ulogwara, a Bishop's curate who worked at the Parish of St George and St Thomas in Dublin's north inner city since 2010, is seeking an injunction to prevent the Archbishop from terminating what he claims is his employment. This dispute arose after the parish was amalgamated with the neighbouring North Strand parish due to a lack of funds. Rev Ulogwara alleges that the absence of assurances regarding his future damaged his well-being and breached his contract of employment, claiming he cannot be removed as a curate without an equivalent position. The Archbishop, represented by Tom Mallon BL, opposed the application, arguing that Rev Ulogwara is not an employee of the Archbishop or the church and did not have tenure at the former parish. While Rev Ulogwara's counsel cited a sworn statement from the Archbishop's predecessor, Dr John Neill, asserting the position was permanent, the Archbishop's legal team strongly contested this, stating the Reverend was not an incumbent. The case remains adjourned pending the proposed meeting.

2017-05-12 · Cork

Hearing date set for Ian Bailey's fight against extradition to France

A hearing has been scheduled to decide whether Ian Bailey should be extradited to France to face trial for the death of Sophie Toscan du Plantier. Justice Tony Hunt of the High Court set the hearing for two days and instructed Bailey's legal team and the Minister for Justice to prepare their arguments by May 31. Bailey, aged 60 and from The Prairie, Liscaha, Schull, is required to attend. Robert Barron SC, representing the justice minister, confirmed receipt of Bailey's objections. Bailey's barrister, Ronan Munro SC, raised a potential issue regarding the validity of the European Arrest Warrant issued by a French prosecutor, questioning whether it constitutes a valid judicial authority. French authorities have already indicted Bailey and seek to try him for the alleged voluntary homicide of Ms. Toscan du Plantier, who was found beaten to death outside her holiday home in Schull in December 1996.

2017-05-11 · Dublin

Church of Ireland Archbishop denies he is employer of Dublin-based Minister

In a High Court hearing on 11 May 2017, Rev. Obinna Ulogwara sought an injunction to prevent Archbishop Michael Jackson from terminating his employment, claiming he was an employee of the Archbishop and that the parish's abolition had breached his contract. Ulogwara, a Bishop's curate who served at St George and St Thomas for seven years, argued that he had not received assurances about his future role and feared losing ministry, employment, and housing. His legal team, led by Ken Fogarty SC, requested that Jackson be restrained from refusing to continue Ulogwara's employment and that he be paid until 25 May. Archbishop Jackson's counsel, Tom Mallon BL, denied any employer‑employee relationship, stating Ulogwara's stipend came from parish funds and that he was not a diocesan employee. The judge adjourned the case to allow the submission of a sworn affidavit from Jackson's predecessor, Dr.

2017-05-11 · Dublin

Mother refused barring order against husband she alleges attacked disabled son with "church oil"

On 2 May a mother obtained an interim barring order against her husband after he allegedly pinned their special‑needs son to a couch and forcefully applied church oil to his forehead, making a cross. The mother, aged in her 30s, sought a long‑term barring order today but Judge Bernadette Owens refused it, keeping the existing safety order in place until next year. She described the incident as the father putting oil on the boy's mouth and attempting to choke her after she tried to stop him. The father, aged in his 40s, did not attend court. The mother said she would not allow her family to attend his church, citing safety concerns, and noted that the oil was from a West African church. The safety order prevents the husband from harming the mother or her dependants but allows him to remain in the family home.

2017-05-10 · Dublin

Convicted cannabis grower denied guardianship of toddler

In a Dublin district family court hearing, a convicted cannabis grower with an outstanding European arrest warrant was denied guardianship of his toddler. The father's relationship with the child's mother ended before his March 2015 imprisonment. The mother had taken the son to visit the father in prison on several occasions, but this stopped recently. The father, represented by Sophie Cargin, stated he was serving a five‑year sentence in Ireland for growing cannabis and would be released next year. He claimed it was his first time in Irish prison, having previously served five years in an Eastern European country for theft. The court noted the pending European arrest warrant. The mother testified that the father had no connection with the child, rarely asked about his interests, and had made abusive remarks. Judge Timothy Lucey emphasized the child's welfare, concluding that the father's imprisonment and extradition risk made him unsuitable as a guardian, and refused the application.

2017-05-10 · Dublin

Judge refers case to fraud squad after hearing 13 families paid their rent to unknown party

In a High Court hearing on 10 May 2017, Mr Justice Paul Gilligan directed the Garda fraud squad to investigate allegations that 13 families, including 12 children, were paying rent to an unknown third party named "Brian" for units at 16 Annesley Bridge Road, Fairview, Dublin 3. The families, who have been living there for up to two years, reportedly paid €180‑€200 per week in cash and had no receipts. Mr Justice Gilligan noted that "Brian" does not represent the property owner, Mr John Farrelly, nor the Bank of Ireland‑appointed receiver, Simon Coyle, and that the families may be "taken advantage of." He reaffirmed the receiver's orders requiring the families to vacate the premises and gave them a week to leave, adjourned the case for a week, and referred the matter to the Garda Commissioner for a fraud investigation.

2017-05-09 · Dublin

Four have thousands in cash confiscated

Four Dublin men, linked to the drugs trade, were stopped at Dublin Airport in February 2016 and had €17,600 in cash seized. The men were preparing to travel to Malaga, Spain on one‑way tickets. Customs and Excise officials, while screening outbound passengers, confiscated the cash after hearing contradictory explanations about its use. Kieran Kelly BL, for the State, argued that the cash represented proceeds of crime or was intended for criminal conduct. Judge Karen O'Connor granted forfeiture under section 39 of the Criminal Justice Act 1994. The court heard that Gerard Claxton Jnr claimed the money was for buying an apartment in Malaga, while his father claimed it was for furnishing a Spanish apartment. Claxton Jnr had prior convictions for firearms possession and attempted robbery; his father had a burglary conviction. Lee Boylan and Michael Jones had no prior convictions.

2017-05-09 · Waterford

Pigeon racer granted temporary injunction preventing his suspension

Maurice O'Donnell, a 48‑year pigeon‑racing veteran from Dungarvan, secured a temporary High Court injunction that bars the Irish Homing Union (IHU) Southern Region and its Management Committee from suspending his membership of the Irish Homing Union National Flying Club. O'Donnell claims he was suspended without notice or explanation, and that the suspension breaches IHU rules and harms him personally. The injunction, granted ex‑parte by Mr Justice Paul Gilligan, also prevents the defendants from holding a meeting about the suspension or related matters. O'Donnell has previously served on the club's Management Committee, resigned after disputes over disciplining a member and over the use of fundraiser money, and has been involved in disputes over alleged threats. He was briefly reinstated in March, elected club President, but the suspension was reinstated in April without reasons, affecting his ability to race pigeons. The case is set for a return hearing next week.

2017-05-08 · Ireland

Families of special needs children launch High Court action over assessments

Three families of young children with special needs have brought a High Court action against the Health Service Executive (HSE) for failing to carry out required assessments of their children's needs. The families, represented by solicitor Gareth Noble, claim that none of the components of the assessment process—initial assessment, multidisciplinary team evaluation, diagnosis, and statement of services—has been started for any of the three children. One child has reportedly waited since January 2016 for an assessment. Under the 2005 Disability Act, an initial assessment must be completed within three months of application and a full assessment within an additional three months. The families fear that proceeding through the complaints process could delay assessment by up to 18 months. They seek an order compelling the HSE to complete the assessments within 30 days and declarations that the HSE has breached its statutory duties.

2017-05-05 · Kilkenny

Legal challenge to Kilkenny road development referred to European Courts

The High Court case challenging the Kilkenny Northern Ring Road Extension, which was approved by An Board Pleanala and granted to Kilkenny County Council in July 2014, has been referred to the Court of Justice of the European Union. Mr Justice Richard Humphreys referred eleven legal questions concerning EU directives on the conservation of wild fauna and flora. The questions ask whether statements about the impact of a proposed development must identify the full extent of habitat and species on the site, whether assessments of impact on protected species and habitats inside and outside special areas of conservation are required, and whether an environmental impact assessment must contain sufficient information about each alternative to the proposal. The case involves a 1.5‑km road section that cuts through protected natural areas, including a special protection area for kingfishers and a candidate special area of conservation for the Nore freshwater pearl mussel.

2017-05-05 · Ireland

Firm's action against Google must proceed before German courts first, judge rules

A High Court judge in Ireland has put on hold a German software company's action against Google over alleged trademark infringement until parallel proceedings before German courts are decided. TeamDrive Systems GMBH, which makes secure cloud‑based file‑sharing software, sought an injunction to stop Google Ireland Ltd and Google Commerce Ltd from using the term 'Team Drives', claiming it infringes its European‑registered trademark obtained in 2006. Google denies the infringement and argues the claim is misconceived, also opposing the injunction on grounds that it would damage its business. After four days of evidence, Mr Justice Tony O'Connor ruled that the German proceedings, where TeamDrive also seeks similar relief, must be determined first. The judge noted the order was unusual but would save time and expense, and adjourned the case to next week for mention only.

2017-05-05 · Dublin

Two commercial court cases involving publican Frank Gleeson resolved

Commercial Court proceedings involving publican Frank Gleeson and EMI-MR Investment LLC have been resolved. Mr. Gleeson, the applicant in one set of proceedings, had alleged shareholder oppression in Ardan Advisory Ltd, a company formed from the merger of the Mercantile and Capital pub chains. The other shareholders denied these claims. In a second set of related proceedings, USA-based EMI-MR Investment LLC sought a €4.6m judgment against Mr. Gleeson over 2016 loans used to refinance or purchase the Bottom of the Hill pub in Finglas and his Mulhuddart pub, as well as to buy shares and pay creditors. Mr. Gleeson opposed this action. On Friday, counsel Stephen Dowling BL informed Mr Justice Robert Haughton that both sets of proceedings had been resolved. The matters were adjourned to May 29 for mention only to allow for the implementation of a settlement agreement. Mr. Gleeson's counsel, Padraic Lyons BL, confirmed his client consented to this proposal. No settlement details were disclosed in open court. Separate High Court proceedings brought by Mr. Gleeson to prevent his dismissal as CEO of Mercantile Entertainment Group Ltd remain pending. Last month, he secured a temporary injunction blocking his dismissal or further disciplinary action. Mr. Gleeson holds a 30% shareholding in Ardan Advisory, while the remaining 70% is owned by JT Magen (Capital Bars) LLC and Danu Advisory Partners Ltd.