The Master of the High Court, Edmund Honohan SC, struck out a summons brought by Havbell Designated Activity Company seeking possession of investment properties in Dublin that were secured against loans acquired by the company. He said the fund's papers were not in order and that stamp duty had not been paid on the documentation for the transfer of loan portfolios from financial institutions such as banks and building societies to the fund. Lawyers for the fund argued that they were exempt from paying stamp duty on the loan transfer, but Mr Honohan disagreed, citing the 1999 Stamp Duties Consolidation Act which requires stamp duty on documents that go before the courts. He questioned whether the fund's claim of exemption was another loophole being used by "vulture funds" and wondered if any Capital Gains Tax had been paid on the transfers.
The State apologised to the Topolnicki family of Ashmount, Clonsilla, after the Gardaí repeatedly called their home on eight occasions over three years, searching for a person who did not live there. The family, represented by Pat O'Connell SC and Breffni Gordan Bl, had sued the Garda Commissioner, the Minister for Justice, Ireland and the Attorney General, seeking orders restraining the Gardaí from entering or attending their dwelling and from harassing or intimidating family members. Mr Justice Paul Gilligan heard that the State offered an unconditional apology and that the Gardaí had made a mistake by calling the wrong address. The family had previously secured an undertaking that the Gardaí would not intrude unless authorised by a valid warrant. The injunction action was settled and could be struck out, and the family were to recover their legal costs.
Two separate disputes over the sale of a 25% interest in the Burlington Plaza office block in Dublin were heard in the High Court. Coolbrook Developments, which owns half of the property, claimed that Lington Development Ltd breached an owners' agreement by selling its share without first marketing it. Coolbrook sought a temporary injunction to stop the sale and any further action by Lington, but the court was informed that the sale had closed on the morning of the hearing. Lington's counsel said the injunction was now moot and that Coolbrook could only seek damages. Meanwhile, Lington had obtained a temporary injunction against Dengrove DAC, which had tried to enforce a security interest in the property. Dengrove had demanded full repayment of a debt owed by Lington and threatened to appoint a receiver. The court adjourned both matters to Wednesday to allow the parties to exchange documents relating to the sale and the transfer of funds.
A High Court judge has dismissed an appeal by a Cavan couple against a bank repossession order, while strongly criticising unqualified advisers giving flawed legal guidance to homeowners in financial difficulty. Mr Justice Seamus Noonan rejected all grounds of the application by Mark Flynn and Mairead Flynn from Derry Shercock, who sought to set aside a Cavan Circuit Court order granting KBC Bank possession of their home. The judge expressed serious concern about "shadowy advisers" and "hob lawyers" who lack legal qualifications yet charge vulnerable people for defective counsel about their rights. He noted the applicants had claimed entitlement to transfer their mortgage to an entity called the People's Mortgage Protection Vehicle under legislation, which the judge described as "utterly misguided and spurious". The judge stated that people facing financial distress compound their problems by consulting unregulated advisers offering false hope, and recommended engagement with qualified representatives or organisations such as MABS and the Insolvency Service of Ireland instead.
In February 2017, Cornelius Minihane, a fisherman from Castletownbere, Cork, brought a High Court action against Skellig Fish Limited, alleging the company failed to honour a contract to sell him 324 gross tonnes of fishing capacity for €900,000. Minihane claims the company has not completed the deal and may attempt to transfer the capacity to another party, which he says would cause irreparable damage to his economic interests. He had paid a €90,000 deposit and commissioned a new trawler costing €6 million, financed partly by a loan from AIB. Minihane also expressed concerns after learning that Skellig Fish's shareholders had sold shares to Spanish investors. On ex‑parte, Mr Justice Paul Gilligan granted a temporary injunction preventing Skellig Fish from selling, alienating, charging or mortgaging the fishing capacity, and adjourned the case to the following week. The injunction protects Minihane's interest pending further proceedings.
In a High Court hearing, retired businessman John Cassidy of Rocklands House, Tramore, Waterford, argued that a Tree Preservation Order (TPO) issued by Waterford City and County Council on 8 November 2016 unlawfully prevented him from cutting down sycamore trees on his 6.5‑acre property, Bookies Wood. Cassidy had received a Limited Felling Licence from the Department of Agriculture in January 2016, allowing him to fell sycamores that were causing nuisance and safety concerns for neighbouring properties. He claimed that the TPO, which prohibits cutting down sycamores and Red Oaks, was imposed without his consultation and that it interfered with his lawful rights under the licence. Cassidy seeks judicial review to quash the TPO, declarations that the order is null and void, and damages from the council. Permission to proceed was granted by Mr Justice Seamus Noonan, with the case scheduled for a March hearing.
In a Tesco Express robbery in Finglas, Aaron McDermott, 24, and an accomplice threatened staff with firearms and demanded €3,000 and a vodka bottle. A shop assistant recognised McDermott as a former schoolmate, nicknamed Choppy, after his hooded jacket collar slipped. CCTV footage identified him, leading to his arrest at home. McDermott pleaded guilty to robbery at Dublin Circuit Criminal Court. Judge Pauline Codd suspended the final three years of a four‑year sentence, conditional on drug treatment and participation in a victim awareness programme. She noted his struggle following his brother's 2015 suicide and his recent release from a psychiatric ward. McDermott's letter of apology was read in court, and the judge considered his personal circumstances and guilty plea in sentencing.
A judicial review challenge to An Bord Pleanála's approval of a North-South electricity interconnector has been brought before the High Court. The applicant, David Malone, seeks to have the board's December 2016 decision quashed. The proposed interconnector is to extend from Batterstown in Meath to Turleenan in County Tyrone, comprising almost 300 pylons across Meath, Cavan and Monaghan. Mr Malone contends the decision is unlawful and breaches national and EU law, citing failures to implement Environmental Impact Assessment directives and Planning and Development Act provisions, along with non-compliance with EU Public Participation Directives. EirGrid, the infrastructure operator, is a notice party. Mr Justice Seamus Noonan heard the application on Monday and adjourned the matter for one week to permit technical amendments to the statement of grounds. The interconnector proposal faced objections from approximately 200 landowners citing health and environmental concerns.
In 2016, Gardaí recorded 5,988 domestic‑violence incidents, up 40 % from 3,678 in 2014, yet the figures are criticised as too low compared with Northern Ireland's 28,811 incidents in the same period. Orla O'Connor of the National Women's Council of Ireland argues the numbers are unreliable and calls for better reporting and data breakdowns, including victim‑offender relationships. A Garda spokesman said the rise could reflect improved recording, increased reporting or more incidents, and that further study is needed. The data lack district detail, though Fingal's Joint Policing Committee reported 649 incidents in north Dublin in 2016. Women's Aid noted 12,041 women were victims in 2015, and a 2014 Garda Inspectorate review found only 3 % of 10,373 recorded calls led to an arrest. The Policing Authority will monitor progress against the 2017 Policing Plan and aims to release quarterly domestic‑violence statistics.
In February 2017 the High Court formally ended proceedings over the occupation of Apollo House in Dublin City Centre. Mr Justice Paul Gilligan was told by Stephen Dowling Bl, the receivers, that all remaining items of property, including furniture and beds that had been brought into the building, had been removed. During the occupation a large number of items had been donated by the public to the Home Sweet Home coalition, the group that organised the occupation. All occupants had left Apollo House by 12 January. The legal action, in which the receivers sought orders to end what they described as an illegal trespass, had been adjourned several times to allow the removal of the items. The judge welcomed the news and struck out the proceedings with no order.
The High Court ruled in favour of David Walsh, a Co Galway man, who sued his stepmother, Mary Walsh, and the estate of his late father, Peter Walsh, for a one-sixth share of a €3.38m Lotto win. Mr Justice Richard Humphreys found that David Walsh was a co-owner of the winning ticket and entitled to approximately €560,000. The judge rejected Mary Walsh's defence that she was the sole owner and that David Walsh had opted for a house instead of cash, deeming her evidence inconsistent and unreliable. He also found she had lied on oath regarding probate details to hide assets from her stepchildren. The court determined the ticket was intended to benefit three members of each family, with the prize split 50-50 between Mary Walsh and the late Peter Walsh. A stay on the order was granted pending an appeal, conditional on Mary Walsh lodging €929,000 to cover legal costs and the award. A temporary freezing order was also made to prevent her from reducing that sum, with liberty to vary the order granted.
Jonathan Conway, 35, a disqualified driver with 112 convictions, stole a BMW after its owner mistakenly left the keys inside. While driving under the influence of heroin, alcohol and tablets, Conway lost control at a roundabout, briefly became airborne, and crashed into a lamp‑post and the wall of The Graduate pub. Two female passengers sustained minor injuries. Conway, who had no valid licence or insurance, pleaded guilty to taking possession of the car, dangerous driving, driving without insurance and refusing a sample. The court adjourned sentencing to May, ordered a urine analysis, and will hear a plea in mitigation. Conway was taken to St Vincent's Hospital where he refused to provide a blood or urine sample. The case highlights the ongoing legal proceedings and the court's consideration of mitigation arguments.
The Dublin Circuit Criminal Court adjourned the trial of George Cristo, 43, of Blanchardstown, after a Pakistani witness living in the United States expressed concern that he might be denied entry to Ireland if he travelled there to give evidence. The witness, who works in America, is not currently on the list of countries whose residents are banned from entering the United States under President Donald Trump's executive order, but he fears the order could be expanded. Judge Melanie Greally agreed to postpone the case, and Cristo will appear again on February 15 to receive an update on the situation.
Patrica Tsouros has brought a High Court challenge against the County Registrar for Dublin, the Minister for Justice and Equality, Ireland, and the Attorney General, seeking to quash a repossession order granted to KBC Bank Ireland Plc regarding her Donnybrook home. Ms Tsouros alleges the order, made in November 2016, was issued without her solicitor being heard, as the registrar refused to listen to counsel who was not on record. She claims she was unaware of mortgage defaults until proceedings were served in 2015 and that her request for time to instruct counsel was denied, with the registrar stating there was no defence. The applicant argues this breach of fair procedure rendered the decision unreasonable and irrational. KBC Bank is a notice party. In these proceedings, Mr Justice Seamus Noonan granted permission to bring the challenge on an ex-parte basis. The matter was adjourned and made returnable to a date in March.
In a High Court hearing on 30 January 2017, Mr Justice Seamus Noonan reiterated his caution regarding the provision of legal advice in cases challenging repossession orders. He noted that several applications contesting such orders had recently been brought before the court, many by self-represented litigants. The judge questioned the sources and quality of the advice underpinning these applications. While dismissing a farmer's challenge to a Circuit Court order that granted a repossession to the Bank of Ireland over the farmer's family home, Noonan explained that the farmer's claim was based on unsuitable grounds for judicial review, which concerns legality rather than merits. He urged that dissatisfied parties appeal to the High Court rather than file judicial reviews, warning that the latter could jeopardise their right to appeal within the statutory period. The farmer denied any external assistance, asserting his application was based on his own research. The judge expressed sympathy for the farmer's situation but upheld the dismissal.
In a High Court hearing on 26 January 2017, David Walsh, aged 52, pursued a claim against his stepmother Mary Walsh, aged 65, for a one‑sixth share (€560,000) of a €3.38 million Lotto win dated 22 January 2011. Walsh, one of six signatories on the back of the winning ticket, argues that the prize money is held in trust for him by his stepmother and the estate of his late father, Peter Walsh. Mary Walsh denies that the ticket was part of a syndicate and asserts she purchased and owned it, claiming the signatures were added to avoid tax on gifts. She also alleges that Walsh was offered a choice between €200,000 or the family home at Knocknagreena, which he allegedly declined. The court considered technical and procedural arguments, and a motion to strike out part of Walsh's claim was dismissed as "quite illogical" and lacking substance. The case was set to resume on Friday.
In a High Court hearing on 26 January 2017, Ms Justice Carmel Stewart addressed Jimmy Quinn and his estranged wife Edel Burke, who own two mortgaged properties in Galway that have had no repayments since 2008. The judge confirmed that Mr Simon Coyle of Mazars had been validly appointed as receiver over the properties at Cuirt Seoige, Grelaishtown Townparks, and Ballypoint, Salthill. She granted injunctions preventing the couple from residing in, entering, renting out, or interfering with the sale of the properties, and from obstructing the receiver's duties. Ms Burke, who still lives at Cuirt Seoige, and Mr Quinn, who run an equine business, argued the receiver's appointment was invalid, but their claim was dismissed. The judge urged the couple to confront the situation, negotiate with the bank, and noted she would place an eight‑week stay on the orders to allow an arrangement to be reached. If no agreement is made, the orders will take effect.
Dublin Circuit Criminal Court heard that Dubliner Patrick Anderson, 22, pleaded guilty to assault causing harm to cousins Graham and Paul Dunne at the Wright venue in Swords on February 15, 2015. Prosecution evidence alleged that Anderson punched Graham Dunne in the mouth and head, then struck Paul Dunne multiple times in the head inside the nightclub. Security staff reportedly restrained and ejected all three men, describing them as aggressive. Outside the venue, Anderson allegedly continued the attack, kicking Graham Dunne to the ground and punching Paul Dunne, who suffered a fractured jaw. Graham Dunne sustained a broken knee cap from his fall and requires further treatment. The court heard that all three men had consumed alcohol, and security staff noted Graham Dunne was highly aggressive towards Anderson. Defence counsel Ray Boland BL stated Anderson has no previous convictions and that an offer of compensation was refused by the victims. Judge Melanie Greally adjourned the case to March, when she will hear a plea of mitigation on behalf of Anderson. The matter was adjourned and not concluded.
In a Commercial Court hearing on 23 January 2017, Mr. Christian Morris, a teacher representing himself, applied to allow cameras to record his legal challenge against An Bord Pleanala's approval of a €22 million development in Howth, County Dublin. The development would include 200 residential units and other facilities. Mr. Morris argued that the case, scheduled for April, was of national interest and that recordings would be edited by the presiding judge before media distribution. The judge, Mr. Justice Brian McGovern, dismissed the application, stating that Irish court proceedings are not televised and that no reason existed to depart from the norm. He noted that such requests should be directed to the Rules Committee of the Superior Courts. Lawyers for An Bord Pleanala and the developer Glenkerrin Homes opposed the application, describing the case as a "dull planning action.".
In January 2017 the High Court heard and resolved two separate disputes involving KOD Lyons, a prominent Dublin solicitors' firm. The first case saw Michael Kelleher, a former partner, bring proceedings against fellow partners John O'Doherty and Aine Flynn, alleging he had been frozen out of the practice. The court found the claims denied, noting that the partners had recognised the partnership could no longer continue. After significant talks, the parties agreed to resolve their differences, allowing the case to be struck out. Kelleher will leave the firm to set up his own practice, while KOD Lyons will continue. The second case involved KOD Lyons suing former solicitors Freda Murphy and Niamh O'Brien for breach of contract and seeking injunctions. That action was also settled amicably, with no terms disclosed, and the case was adjourned to implement the settlement. All parties thanked the court for facilitating the talks. The court welcomed the settlements.
In a fitness‑to‑practice hearing at the Nursing and Midwifery Board of Ireland, Nora Bernadette Regan Territt, a former nurse at Peamount Healthcare, was found guilty of professional misconduct and non‑compliance with the nurses' professional code of conduct. The hearing focused on an incident on 8 August 2014 in which Territt pushed an elderly, intellectually disabled resident (Resident A, 94) twice – once toward his bedroom and again into the bathroom after he had soiled his bed. Witnesses reported that Territt roughly shoved him onto the toilet, pulled his shirt over his head so that faeces fell onto his head, and then showered him while he was still wearing his trousers. She also allegedly told Resident A, "I am sick of this," after he complained of stomach pain. Territt, who qualified as a nurse in 1979, had been suspended immediately after the incident and had not been present at the hearing.
A High Court hearing before Mr Justice Donald Binchy has opened regarding a challenge to Dublin City Council's decision to convert the former Parish Centre at Carman's Hall, Francis Street, into a homeless hostel. The applicants, comprising Carman's Hall Community Interest Group, Michael Mallin House Residents Association, and Elizabeth O'Connor, allege that the Council's October 28 decision authorising the change of use is unlawful and breaches planning laws. They seek an order quashing this decision, arguing the process was conducted without adequate public consultation and that the area is over-saturated with such facilities. The Council opposes the action, stating the facility addresses a humanitarian crisis and rejecting claims of contravention of the City Development Plan. Fr Dolan, representing the Catholic Community, submitted that the building was never a community centre and that the parish unanimously supported leasing it to house rough sleepers. The hearing is currently ongoing, with the matter not yet finalised.
Two directors of the building firm Tson Ltd, formerly Barnmore Ltd, which entered liquidation in 2011, have agreed to court orders that restrict their involvement with any company for five years. The restrictions were sought by the official liquidator and chartered accountant Aiden Murphy, who had previously applied for disqualification orders against brothers Patrick and Brendan O'Halloran. The brothers, represented by Hugh O'Neill SC, opposed the application. The liquidator's claims were based on allegations that the directors engaged in reckless trading, intended to defraud creditors, failed to act honestly, and did not keep proper books and records, resulting in a loss of more than €2 million owed to creditors. The settlement, approved by Mr Justice Paul Gilligan, also requires the O'Hallorans to pay a six‑figure sum to AIB in two instalments within three months, and the restrictions are suspended until late April to allow the brothers to arrange their other company affairs.
In a High Court hearing on 17 January 2017, Mr Justice Paul Gilligan confirmed that the occupation of Apollo House had ended when the last resident left the building a few hours after the court's last appearance. The judge noted that the Home Sweet Home coalition had donated furniture and beds to the occupants, and that efforts were underway to remove these items. Solicitor Gary Daly, representing Glen Hansard, Brendan Ogle, Aisling Hedderman and Carrie Hennessy, said the receivers were seeking indemnity for any claims arising from the occupation, citing a query about a donated boiler. Mr Justice Gilligan adjourned the case for two weeks to allow the building to be vacated and ordered the defendants to ensure all donated property was removed, with the building returned to its pre‑occupation state. The injunction, originally granted in December, had been extended to 11 January, after which all residents departed.
In a High Court hearing on 16 January 2017, Mr Justice Seamus Noonan criticised the quality of legal advice given to lay litigants who sought to challenge repossession orders issued by Circuit Court judges. He dismissed several unrelated actions brought by individuals representing themselves without counsel. The applicants had applied for permission to bring judicial review challenges against decisions granting repossession orders over properties, including family homes, in favour of financial institutions. Noonan said the common ground cited – alleged failure of the institutions to provide adequate evidence of debt ownership – was not suitable for judicial review. He suggested such cases should be appealed to the High Court de novo. The judge questioned whether the litigants had received advice from friends or the internet, noting that misinformation could harm their chances of appeal. He expressed sympathy for a couple who brought a challenge but had no alternative but to dismiss their case.
A homeless family of seven, represented by Cormac Ó Dúlacháin SC, has filed a High Court challenge to regain emergency accommodation at the Abberley Court Hotel in Tallaght after claiming they were unlawfully evicted on 22 December. The family, including Gareth Phelan, Lisa Murphy, their three children and two from a previous relationship, argue that their current accommodation at the Regency Hotel in Drumcondra is unsuitable and that they received no written notice explaining the withdrawal. They allege that the eviction was linked to complaints Phelan made about the hotel's conditions and a health‑and‑safety incident involving a sock on a smoke detector. The family seeks an order quashing the withdrawal, declarations that the decision was irrational and a breach of constitutional and European Convention rights, and damages. Mr Justice Seamus Noonan adjourned the hearing to Friday morning.
In a High Court hearing on 13 January 2017, solicitor Michael Kelleher sued partners John O'Doherty and Aine Flynn of KOD Lyons, a Dublin firm specialising in criminal and human rights work, claiming he had been frozen out of the partnership. Kelleher's counsel, Frank Callanan SC, argued the dispute was internal, while Macus Dowling BL for Flynn and O'Doherty denied wrongdoing and noted the partnership could no longer function. The judge considered appointing a receiver and possibly selling the firm, and adjourned the case to the following Wednesday to allow a receiver to be identified. The dispute also affected a separate action by KOD Lyons against former employees Freda Murphy and Niamh O'Brien over alleged breach of contract; that claim was also adjourned. Justice Carmel Stewart urged the parties to resolve the matter before the next hearing.
Masterlift Ireland Ltd, a forklift company employing 35 people, secured a temporary High Court injunction from Mr Justice Paul Gilligan to regain access to its 60,000‑sq‑ft unit at Greenogue Business Park, Rathcoole, after being locked out by Royal Goldstein III Ltd (RGL). Masterlift had been leasing the premises since 2008 and claimed the lock‑out caused substantial disruption. RGL, newly owning the property following a receivership, had changed the locks without prior notice, allegedly threatening to clamp Masterlift vehicles and charge €1,000 for release. Masterlift's managing director, Dermot Carroll, received a call from a purported RGL employee stating Masterlift had no lease and that its vehicles were interfering with RGL's access. The injunction, granted ex‑parte, prohibits RGL from denying access, changing locks, selling property in the premises, or interfering with parked cars, and is returnable on Tuesday. The case remains at the interim injunction stage.
In a High Court hearing on 12 January 2017, Mr Justice Paul Gilligan was informed that the occupation of Apollo House in Dublin City Centre had ended and that all homeless occupants had left. The Home Sweet Home Coalition, which had organised the occupation, confirmed that all donated furniture and property were to be removed, but one male resident had refused to leave. Counsel for the coalition acknowledged the court had earlier been told the occupation had ended and expressed confidence that the man would vacate. The Gardaí were handling the matter and had requested a pause on removal until the building was fully vacated. The receivers, appointed by Nama, welcomed the development and offered assistance in winding down the occupation. The judge adjourned the case to the following Tuesday, allowing the vacating process to continue and permitting parties to re‑apply if necessary.
The High Court heard that the occupation of Apollo House in Dublin City Centre has ended and all occupants have left. Michael Lynn SC, representing the Home Sweet Home Coalition, informed Justice Paul Gilligan that the building is now vacated, though removal of donated furniture and property will take additional time. Rossa Fanning SC, speaking for the Nama‑appointed receivers who own the property, welcomed the development but noted that possession had not yet been re‑established and that the receivers would assist in an orderly wind‑down. The court adjourned the matter to 2 pm on Thursday for an update on the progress. The announcement follows the court's earlier dismissal of an application by organisers seeking an extra week to remain, and a prior injunction that required residents to leave by noon Wednesday.
A High Court action by six Syrian nationals, members of two families living in Greece, seeks to stop their transfer to Turkey under the EU‑Turkey migration deal. The families argue the deal, approved by the European Council on 18 March, was made outside the Council's powers and breaches EU law and the European Convention on Human Rights. They claim the agreement and Ireland's sanctioning of it violate the Treaty on the Functioning of the EU and the Charter of Fundamental Rights. The defendants deny the allegations and request dismissal, arguing that the case should be heard in Greece or Germany where the families wish to be transferred. The plaintiffs include a married couple with two daughters aged 10 and 15, and a man with a 13‑year‑old daughter, all seeking to join family members who have secured international protection in Germany. The High Court will decide on jurisdiction on Thursday before the chancery division.
In a January 2017 High Court hearing, Mr Justice Paul Gilligan dismissed an application by the occupants of Apollo House in Dublin for an additional week to vacate the building. The occupants, up to 25 of whom were homeless, had previously been ordered to leave by 12 noon Wednesday. Their solicitor, Ross Maguire SC, sought a seven‑day extension on the grounds that suitable alternative accommodation had not yet been secured, citing assurances from Minister Simon Coveney that had not materialised. The court ruled that it could not adjudicate on the quality of alternative housing, deeming it a governmental matter, and reaffirmed that the occupants had no right to remain. The receivers, appointed by Nama, opposed the extension, arguing the case concerned property rights, not housing policy. The judge emphasised that the court would not take a benevolent stance in cases of illegal occupation, and the order to vacate remained in force.
In a High Court ruling on 22 December 2016, Mr Justice Paul Gilligan ordered that occupants of Apollo House in Dublin City Centre must vacate the building by 12 noon on 11 January 2017. The injunction, sought by Tom O'Brien and Simon Coyle of Mazars, who were joint receivers appointed by Nalm Ltd, was granted to prevent further trespass. The judge imposed a stay on the eviction until the full hearing, allowing no more than 40 homeless people to remain overnight and requiring the receivers to have access to the building and to cooperate on matters such as electricity supply. The court noted that the occupants were trespassers and that the receivers had legal charge of the property, while the activists argued that the occupation was a necessary response to the homelessness crisis. The injunctions remain in force until the action is fully heard.
Receivers Tom O'Brien and Simon Coyle of Mazars, appointed by NALM in 2014, have brought a High Court action to regain possession of Apollo House, a 10‑story former office building on Tara and Townsend Streets in Dublin. The building, occupied by activists from the Home Sweet Home Coalition who offered it as shelter for the homeless, is deemed illegal and a form of political protest. The receivers argue that the building is unsuitable for residential use, citing serious health and safety risks such as a cut electricity supply, potential falls in stairwells, inadequate water supply, and lack of waste removal. They also note that the building's fire and public liability insurance will lapse in mid‑January if possession is not restored. The receivers seek injunctions to compel the occupiers to vacate and to prevent further trespassing.
In a High Court case filed on 19 December 2016, David Mongans, his wife Margaret Lisa Mongans, and their four children—members of the Irish Travelling Community—seek to compel Clare County Council to provide suitable accommodation. The family's former home at Knockaneen was destroyed by fire in 2015, leaving them homeless. Since then they have lived in various temporary locations, including a shed and a caravan on Kilrush Road in Ennis, where they currently reside. The Mongans argue that their present caravan is unsuitable, especially for their young children who have significant health issues, and that the council's failure to provide proper housing breaches their constitutional rights and the Traveller Accommodation Acts. The application was granted ex‑parte by Mr Justice Richard Humphreys, with the case scheduled for a hearing in January.
A judge has allowed an emergency hostel for the homeless to open in the converted Carman's Hall in the Liberties while a legal dispute over the building's use is pending. The temporary hostel, which had been shut as a community centre in 2013, was halted by a challenge from the Carman's Hall Interest Group, Michael Mallin House Residents and youth worker Elizabeth O'Connor, who want the site returned to community use and have sought judicial review of the Council's decision. The court's permission for judicial review also acted as a stay on the hostel opening. DCC, opposing the challenge, asked the stay be lifted, citing the urgent need to house rough sleepers. Lawyers for the residents argued the stay should remain. Mr Justice Seamus Noonan ruled that the balance of justice favoured lifting the stay, noting the residents' inconvenience and the needs of a vulnerable section of society, especially in winter.
The High Court will decide on Friday morning whether to lift a stay that has halted the opening of a temporary homeless hostel in the former Carman's Hall community centre on Francis Street. The stay was imposed after a legal challenge by the Carman's Hall Interest Group, the Michael Mallin House Residents and youth worker Elizabeth O'Connor, who want the building to remain a community centre. The challenge was brought to the High Court after the court had previously allowed the Dublin City Council (DCC) to use the building as a hostel to address the emergency of rough sleepers. DCC argues that lifting the stay is necessary because many vulnerable people are sleeping rough, and the council has invested about €930,000 converting the building into a 65‑bed hostel.
The High Court has reserved judgement on a challenge by a man, whose identity is withheld for legal reasons, against the State's bid to deport him. He claims he faces serious risk of inhuman and degrading treatment if returned to his home country, where he would be detained at a secret location. The challenge arises from the Minister's decision to exclude him from the State. Lawyers for the man argue that deportation would breach EU law and Article 3 of the European Convention on Human Rights, citing a prior Irish Refugee Appeals Tribunal finding that he would be at risk of torture or serious harm. The Minister, represented by Remy Farrell SC and Sinead McGrath BL, opposes the application and maintains that she is entitled to deport him. The judge, Mr Justice Richard Humphreys, said he would give the case priority and hoped to deliver a judgement in January.
In a High Court pre‑trial hearing, businessman Declan Ganley has filed a defamation action against RTE, alleging that a 2008 Prime Time programme defamed him by implying links to organised crime, a paid advisory role to the Latvian government, involvement in a man's death, financial loss to Albanian pensioners, and covert work for the US Central Intelligence Agency or a group called 'Neocons'. RTE denies the allegations and claims truth or justification, arguing that the words were part of a broader pattern of Ganley's alleged tendency to make false or exaggerated claims. Ganley, represented by Paul Burns SC and Declan Doyle SC, seeks to strike out RTE's defence of this alleged tendency and to compel RTE to comply with discovery orders.
David McGuinness, aged 27, fraudulently obtained a €99,000 mortgage on his parents' house by presenting a forged payslip and bank statement. The loan was advanced before the fraud was discovered, and the money was handed to a criminal gang to pay his older brother's drug debt. McGuinness did not profit personally. He pleaded guilty at Dublin Circuit Criminal Court to obtaining a mortgage by deception and using false instruments. With 21 prior convictions, Judge Melanie Greally described the operation as "relatively sophisticated" and noted the documentation appeared legitimate. She imposed a two‑year sentence, suspended in full, and ordered 240 hours of community service within one year. The court heard the mortgage was being paid and the bank was not at a loss. The case highlighted the bank's reliance on false information and the family's hardship due to the brother's drug addiction.
An oncologist at Beacon Hospital in south Dublin, identified only as Dr A, was censured by the Medical Council after prescribing more than twice the correct dose of the chemotherapy drug Temozolomide to Sinead Ni Dhulaing Johnson, a 44‑year‑old RTE producer who later died of a brain tumour. The patient received 350 mls of the drug, whereas the correct dose was 135 mls, and she took the excess for 16 days in August and September 2008. The overdose caused severe symptoms including a hot rash, hair loss, extensive bone‑marrow damage and required hospitalisation from September until November 2008. Dr A admitted the mistake, implemented precautions by 15 September 2008, and pledged not to repeat the behaviour. The Medical Council inquiry, held in September 2016, concluded that the error had no suggestion of hastening Ms Ni Dhulaing Johnson's death. The council censured Dr A for the conduct that led to the inquiry.
A High Court judge urged the Irish Blood Transfusion Service (IBTS) and the German manufacturer MBR Optical Systems GMBH & Co. KG, along with supplier Linc Medical Systems, to consider mediation over a €1.4 million dispute concerning a Haemospect haemoglobin testing device. The IBTS alleges the device, used for non‑invasive finger pulp tests before blood donations, falsely recorded haemoglobin levels, allowing donors with iron deficiency anaemia to donate. It claims the device was purchased from Linc between June 2013 and May 2015 for €215,532 and rented five units for €25,500, and that it has suffered over €1 million in special damages. MBR disputes any defect, attributing inaccuracies to misuse. The IBTS has stopped using the device since 21 October 2015, notified the Health Products Regulatory Authority, and informed about 90,000 donors. The judge, noting the commercial relationship, encouraged immediate mediation, stating benefits for all sides, and adjourned the case to January.
A challenge by teacher Christian Morris against An Bord Pleanala's approval of a €22m, 200‑unit development on the Techerete, Teeling Motor Company and Baltray Park sites in Howth has been admitted to the fast‑track Commercial Court. The proposed 4.4‑hectare scheme would replace existing 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. Morris seeks to quash both the Board's and Fingal County Council's decisions, arguing the project would flood Howth with cheap housing unsuitable for its long‑established community and cause traffic congestion. He also claims the council would sell a public park to a private developer without replacement. Glenkerrin Homes, in receivership since 2011, opposes the challenge, saying it would hinder implementation of the planning permission. The case was admitted to the fast‑track list by Mr Justice McGovern, with a hearing scheduled for the New Year.
A Medical Council inquiry has found Dr Andrea Hermann guilty of poor professional performance on 17 counts and professional misconduct on three counts. Dr Hermann, who worked as an obstetric and gynaecology registrar at Sligo General Hospital during 2013 and 2014, was found to have provided substandard care to six mothers between August 2013 and February 2014. The inquiry identified failures including an abnormal wound incision during a caesarean section, failure to obtain informed consent for a procedure on a patient from Carrick-on-Shannon, and inadequate surgical technique during uterine closure. The inquiry also heard evidence that Dr Hermann prescribed an anticoagulant to a patient at heightened risk of heavy bleeding. Additionally, Dr Hermann was found guilty of failing to disclose conditions imposed on her registration by the Medical Council, which required retraining and supervision. The inquiry chair noted a "serious lack of candour" regarding her status with the Council. The report now proceeds to the full Medical Council to determine any sanctions.
A 48‑year‑old retired secondary school teacher, Bridget Daly, sued Zurich Life Assurance after the insurer stopped paying her disability allowance under a salary protection scheme. Daly, who has ME (Chronic Fatigue Syndrome) and is medically unable to work, claimed that Zurich had placed her and her children under surveillance by private detectives following her lawsuit. She sought injunctions to prevent further surveillance and to compel Zurich to resume payments. Zurich argued the payments were halted because Daly declined a 'Functional Capacity Evaluation' test and that the policy allowed investigation of claims. The High Court case was resolved when Daly's counsel announced a settlement, and the matter was struck out. No settlement details were disclosed, and Zurich agreed to discontinue the surveillance. The case was heard by Mr Justice Paul Gilligan.
Two of six Syrian nationals who have brought a case before the Irish High Court to prevent their transfer from Greece to Turkey are to be transferred to Germany, as they had wished, the High Court has heard. The two are members of one of two Syrian families, currently based in Greece, who have taken an action in the Irish courts against the European Council, EU and Ireland over alleged breach of their human rights. The core claim of the families is that the EU‑Turkey deal on migration agreed on March 18th by the European Council (EC) – the 28 EU Heads of State including Taoiseach Enda Kenny – allowing Greece return to Turkey "all new irregular migrants" arriving there since March 20th was made outside the powers of the EC and breaches EU law.
A waitress named Aisling O'Brien, who had worked at the Gresham Hotel for over a decade, was dismissed after a customer left without paying a €63.55 drinks bill. On 5 July 2014, a party of six, including a former colleague, enjoyed cocktails in the hotel's Writer's Lounge. When the credit card of Ms O'Brien's friend failed, she chose not to embarrass the guest and agreed the bill would be paid the next day. Instead, she called in the following day, provided the order details to a colleague, and paid the amount with her own card. The hotel's food and beverages manager, Greg Forrestal, suspended her with full pay and later referred the matter to HR. Sharon Coleman met with O'Brien twice; on 6 August 2014 she was dismissed for gross misconduct, effective 8 August. O'Brien appealed, but the dismissal was upheld by Roger Russell, the appeals officer.
In a High Court case, former Permanent TSB chief executive David Guinane settled his action against the bank over the terms of his 2012 departure. Guinane had claimed entitlement to a severance payment of more than €866,000 under the bank's Voluntary Severance Scheme, but the bank had offered him €175,000 plus 11½ months' salary, which he refused. He alleged breach of contract, unfair procedures, damage to his reputation, and negligence, seeking damages including punitive and exemplary. PTSB, represented by Paul Gallagher SC, denied the claims and argued Guinane had received what he was entitled to. The case, opened before Justice Leonie Reynolds, was expected to last at least eight days but was settled and struck out before trial. No settlement details were disclosed in court. The dispute centred on whether the bank had complied with its duty to provide the full severance payment under the scheme.
In a High Court hearing on 5 December 2016, residents of Dublin 8 challenged the Dublin City Council's decision to convert the former Carman's Hall community centre into a hostel for 65 homeless men. The challenge was brought by the Carman's Hall Interest Group, the Michael Mallin House Residents Association and Elizabeth O'Connor, who argued that the council's October decision was unlawful, irrational and in breach of the Dublin City Development Plan. They claimed the proposed hostel would concentrate services for the homeless and those with addiction problems in a small area, aggravating anti‑social behaviour, and that residents had not been consulted. The court, hearing the case ex‑parte, granted permission to challenge, stayed the council's decision and adjourned the matter to 17 January 2017. The residents sought an order quashing the council's decision and declarations that it was null and void. The case remains pending.
In a 2016 High Court ruling, Justice Marie Baker removed Kevin McGeever (also known as Kevin McKeever) as executor of the estate of the late Ms Siobhan O'Callaghan, who died in November 2013, and appointed solicitor Jim Trueick as an independent executor. O'Callaghan's 2006 will left most of her €525,000 estate to McGeever, but a 2014 judgment of €1.2 million against McGeever, obtained by businessman James Byrne over a failed Dubai apartment deal, prompted Byrne to seek McGeever's removal. Byrne feared McGeever might keep the estate assets beyond his reach. McGeever, who had been in a long‑term relationship with O'Callaghan, could not distribute the estate until further court orders. Medical evidence showed he suffers from stress‑related illness and high blood pressure. The judge noted that solicitors for McGeever claimed money owed from the estate, a claim to be resolved before any distribution. Trueick was empowered to address any such claims.