The High Court has heard that orders directing the vacation of a Letterkenny building housing Donegal County Council's water testing laboratory have not been complied with. Mr Justice Tony O'Connor was told the premises remain occupied despite High Court orders issued the previous week. The building's occupation poses significant risks to public safety, the court was informed. Lawyers for a bank-appointed receiver argued that occupiers have threatened to dispose of hazardous chemicals used in the laboratory, potentially endangering the public. The council's inability to access the premises and conduct water quality testing also presents a substantial risk to the environment and public health. The receiver sought the orders following an alleged occupation by approximately twenty people who changed locks and erected barricades. Mr Justice O'Connor issued directions for one of the alleged occupiers to be arrested by An Garda Síochána and brought before the court for alleged contempt. Neither of the defendants appeared to contest the receiver's application.
The Cabinet has approved the drafting of a new law to remove the blanket exclusion of An Garda Síochána and Defence Forces members from EU working hours directives. This development follows a High Court hearing where a challenge by two Limerick-based gardai, John Gaine and Padraig Harrington, was set to be struck out. The applicants alleged that Section 3 of the 1997 Organisation of Working Time Act, which excluded them from the EU's Working Time Directive, breached EU law. They claimed they worked eight-hour shifts without rest or meal breaks while on witness protection duty between October 2010 and January 2011, and were denied overtime payments. In their action against the Garda Commissioner, Ireland, and the Attorney General, they sought declarations that the exclusion was void and in breach of the directive, along with damages. The defendants had initially opposed the action. However, the matter did not proceed to a full hearing after Minister for Jobs, Enterprise and Innovation Mary Mitchell O'Connor informed the court that she was introducing a bill to apply the directive's terms to gardai, following clarification from the EU Courts of Justice. Solicitor Elizabeth Hughes welcomed the resolution, noting the Cabinet approved the heads of a new bill subject to permissible derogations. The case was effectively resolved through this legislative commitment rather than a judicial judgment on the merits.
Mr Justice Paul Gilligan at the High Court adjourned a dispute concerning the Lifford meat plant to next week. The case involves AIB and its receiver, Luke Charleton, who are seeking orders to prevent interference with their ability to run and dispose of the premises as part of proceedings to recover debts owed by Liam McGavigan. Counsel for the receiver alleged that Liam McGavigan, his brother Ciaran, and others had illegally barricaded themselves into the plant, effectively shutting down operations. In response, counsel for Edenmore Farm Meats Ltd, the tenant, stated that the company's 55 employees were not working and had been subjected to threats and intimidation. The judge agreed to make Edenmore Farm Meats Ltd a notice party to the receiver's High Court action. Additionally, following an application by Stephen Walsh BL, the court allowed the applicants to serve notice of the proceedings on the McGavigans by email. The judge expressed concern for the employees' futures but did not issue a final determination on the merits of the occupation. The matter was adjourned to next week for further proceedings.
David Guinane, former chief executive of Permanent TSB, has filed a claim in the High Court seeking a severance payment of over €866,000 after leaving the bank in 2012. He alleges that PTSB breached his contract, denied him fair procedures, and damaged his reputation. Guinane asserts a contractual right to a payment under the bank's Voluntary Severance Scheme (VSS), which he claims is based on salary and years of service. The bank offered him €175,000 plus 11.5 months' salary, which he refused, and later withdrew the offer. PTSB denies the claims, stating Guinane received what he was entitled to upon redundancy. The case, represented by Paul Anthony McDermot SC and Shane Murphy SC, is scheduled to continue for eight days before Ms Justice Leonie Reynolds.
Jamie Morris Cox, 19, pleaded guilty to arson of a Mercedes SUV at Rathfarnham Shopping Centre on 18 October 2015. He admitted he had no recollection of lighting the fire, describing himself as "crazy drunk, off my head in a different world." Garda Shane McGrath reported that staff at a nearby pub had thrown Morris Cox and another man out, after which they smashed the vehicle's windows and set it on fire. The fire was extinguished by bar staff, and the men fled toward a housing estate where they were later arrested. The damage to the vehicle was €5,000, and the owner, a carpenter, was unable to work for two weeks. Judge Melanie Greally sentenced Morris Cox to a three‑year suspended prison term, noting his admission of responsibility, remorse, and the positive influence of his grandfather. The sentence was suspended in full, with the court emphasising the need for intervention to prevent future criminal behaviour.
In a Dublin Circuit Criminal Court hearing, Laura Johnston, now in her twenties, gave an emotional victim impact statement about sexual abuse by her stepfather, George Crombie, who was 47. Johnston, aged 10 to 13 during the abuse, described how Crombie put a dog lead around her neck and used a knife while assaulting her. He also threatened her that if she told her mother, "there would be murder in this flat." The abuse occurred over a three‑year period, mainly on Thursday and Saturday nights, when Crombie was drinking. Johnston said she had once believed Crombie was her real father until her mother revealed he was her stepfather. Crombie pleaded guilty to eight counts of sexual assault. The case was adjourned for sentencing next Monday.
In the Commercial Court, Mr Justice Brian McGovern has fast‑tracked two environmental challenges to windfarm projects in the south of Ireland. The first case concerns Peter Sweetman's objection to Tipperary County Council's extension of planning permission for a 16‑turbine windfarm at Castlewaller, Newport. Sweetman questions the viability of the €46 million project, which was originally approved in 2012 and extended in July. The council's developer, Castlewaller Woodland and Partnership (CWP), argues the extension is necessary for the project to qualify for the REFIT II state financial support scheme and for the creation of 30–40 construction jobs and 7 full‑time positions. The case is scheduled to return to court in May. The second fast‑tracked case involves the North Kerry Wind Turbine Awareness Group challenging An Bord Pleanala's permission for 10 turbines near Lixnaw, Kerry. The challenge cites non‑compliance with the Environmental Impact Assessment Directive and the EU Habitats Directive.
In a High Court decision on 15 November 2016, figure skater Fianait Bligh, aged 19, was ordered to pay the legal costs of her unsuccessful bid to compel the Ice Skating Association of Ireland to select her for International Skating Union events. Bligh had sought mandatory orders in July 2015, claiming discrimination after being chosen only for the Irish development squad. The court dismissed her application, finding she had not established a case for the orders she sought. The Association denied the discrimination claim and argued that selection for the development squad did not entitle her to national team placement. Following the ruling, the Association sought a costs order against Bligh, which the court granted. Bligh's case had previously been rejected by Just Sport Ireland, the independent dispute resolution service for Irish sport. The judge noted Bligh's young age and her decision to proceed with the court action, but ultimately upheld the costs order in favour of the Association.
In a High Court decision on 11 November 2016, Ms Justice Marie Baker overturned a District Court ruling that had refused to order the State to pay for orthodontic treatment for a 14‑year‑old boy in foster care. The foster mother had applied under the 1991 Child Care Act, arguing that the treatment was in the child's best interests after the boy was bullied for his protruding teeth. The District Court had declined to order the Child and Family Agency (CFA) to pay, citing separation of powers and the boy's failure to meet criteria for public treatment. Justice Baker found the District Court had jurisdiction under the Act and had erred in its decision. She noted that the legal costs far exceeded the €4,750 treatment fee and urged the CFA to conduct an independent review of the payment application. The foster parents, described as exemplary, have cared for the boy and his siblings for ten years.
The High Court has been asked to set a hearing date for two lead cases brought by 37 medical consultants against the HSE and the State over unpaid salary rises promised under the 2008 common consultant's contract. The consultants, who work in state hospitals and public health services, claim that the HSE failed to pay them increases that would have brought their salaries to €175,000–€240,000 for extra hours and weekend work. The HSE denies any breach of contract and argues that section 22(4) of the 2004 Health Act allows it to withhold the payments. The Employment Appeals Tribunal had awarded €100,000 to Mr Thomas Hogan and €14,000 to Mr John McDermott, but the HSE appealed. The judge adjourned the matter to May next year, hoping the parties will reach an agreement on how to proceed.
A Medical Counsel inquiry opened on Thursday into allegations against a consultant gynaecologist at Cavan General Hospital. Dr Salah Aziz Ahmed faces charges of poor professional performance and professional misconduct relating to obstetric care provided to three mothers. The hearing examined the first case involving a woman whose infant died 32 hours after birth in November 2012. It is alleged Dr Aziz delayed proceeding to Caesarean section and pursued an extended vaginal delivery in circumstances deemed inappropriate. The inquiry heard evidence from nursing staff present during the labour. Dr Aziz's legal representative contended his actions were not causative of the infant's death. The consultant also faces separate allegations regarding two other patients, including claims of inadequate counselling and delayed assessment. The disciplinary hearing is scheduled to continue for approximately ten days.
In a High Court hearing on 9 November 2016, Mr Declan De Lacy, provisional liquidator of Arden Forestry Management, secured a freezing order over €600,000 held in a Dubai bank account belonging to GTD International Ltd., a UAE‑registered firm linked to Arden. The order was sought to prevent the dissipation of funds that Arden had raised from UK investors and intended for Irish forestry purchases. Arden had raised €4 million from 132 UK investors, spent only €200,000 on forestry, and transferred about €1.5 million to GTD. While €100,000 had been returned to Arden, concerns remained about the remaining €600,000. Mr Garret Hevey, a director of both GTD and Arden, said he would transfer the money to Arden and was prepared to cooperate with the liquidator. The court adjourned the case for two weeks to allow Hevey to reply to the liquidator's claims. The freezing order was granted by Mr Justice Tony O'Connor.
In November 2016 the High Court in Dublin appointed KPMG insolvency practitioner Kieran Wallace as provisional liquidator for American Apparel Ireland Ltd, the Grafton Street clothing retailer. The court was informed that the company was insolvent and could not meet its debts. American Apparel Ireland had been trading in Ireland since December 2007 and had been owned by the US‑based parent company, which had filed for bankruptcy in the United States. The Irish subsidiary had been transferred to new ownership a year earlier but again faced trading difficulties and decided to file for bankruptcy after a shareholder resolution. The company's only realisable assets are the stock in its premises; it has no warehouse in Ireland. Wallace was granted powers to trade and sell the stock, secure assets and retain employees, with the case scheduled to return to court in December. The landlord of the Grafton Street premises claims to be a significant creditor.
A High Court action brought by Dr Eddie O'Donnell, a consultant obstetrician at Waterford Regional Hospital, against Ocean Vehicle Trading Ltd and its director, Oisin Legaspi, has been resolved. Dr O'Donnell alleged that he traded in his Ferrari California to part-finance the purchase of a 2012 McLaren MP4 12C, which he claimed he never received. The failure to deliver the vehicle or provide a refund led to temporary High Court freezing orders preventing the defendants from reducing their assets below €150,000. Counsel for the defendants, Yvonne O'Gara Bl, informed Mr Justice Paul Gilligan that the parties had reached an agreement involving payments to Dr O'Donnell. Consequently, the court struck out the case. The dispute originated in 2013 when Dr O'Donnell purchased the Ferrari from Mr Legaspi. In June, Dr O'Donnell agreed to trade the Ferrari for the McLaren. Although Mr Legaspi assured him the car was en route in August, it never arrived. Dr O'Donnell subsequently discovered the Ferrari had been sold in the UK for €137,300 through a dissolved company. He also found that the defendants' registered address in Sandyford was merely a post box, with no active trade conducted from the location.
A patent dispute between pharmaceutical companies has been admitted to the fast track Commercial Court list. Belgian-based GlaxoSmithKline Biologicals SA, part of the Glaxo SmithKline group, sued Pfizer Ireland Pharmaceuticals and Pfizer Inc over alleged infringement of a meningitis vaccine called TRUMENBA and its protein components. GlaxoSmithKline alleges that Pfizer Ireland manufactures the product in Ireland at the direction of Pfizer Inc, constituting a breach of four patents. The applicant seeks an injunction restraining the defendants from infringing these patents, orders to hand over or destroy allegedly infringing products, discovery of the names of parties supplied with such products, and damages. The matter was heard by Mr Justice Brian Cregan, who admitted the action to the fast track list. Counsel for GlaxoSmithKline, Michael Howard, stated there was consent to this admission. The procedural stage is a hearing or decision regarding the admission to the list, not a final judgment on the merits of the infringement claims.
In a High Court decision on 8 November 2016, Mr Justice Michael Twomey ruled that D2 Private Ltd and its owner Deirdre Foley must pay the legal costs of their unsuccessful challenge to inspectors' investigation into the collective redundancies at Clerys department store. The court dismissed the action, allowing the Workplace Relations Commission inspectors to continue their inquiry. The case, heard over five days, could cost a six‑figure sum. D2 and Ms Foley had contested the inspectors' authority to search D2's offices at Harcourt Terrace and seize a laptop and documents. The inspectors, backed by the WRC, had removed items including invoices after Clerys' sale to the Natrium joint venture. Mr Justice Twomey granted the inspectors and the WRC the right to recover their legal costs, while allowing a stay if the decision is appealed. No costs order was made for Natrium Ltd, a notice party. The ruling affirmed the inspectors' powers and the legality of the seizure.
In a Dublin Family Childcare Court hearing, Judge Brendan Toale expressed concern that a child in specialised residential care in the south of Ireland is living about 250 kilometres from their designated social worker, who must commute from the midlands. The child, who has complex emotional needs, has shown severe behavioural issues since starting school in September, including frequent shouting and repetitive questioning. The judge noted the child has been suspended multiple times and that the situation is likely to worsen with age. A social worker testified that the distance hampers a hands‑on approach and that a worker based in the same county would be more proactive. Judge Toale said the Child and Family Agency must assign a closer social worker if the child remains in the current placement.
Promontoria (Aran) Ltd has secured admission of its High Court application for a judgment of €21.45 million against Cathal Brady of Roscalgan, County Cavan, to the fast-track Commercial Court list. The financial fund alleges that Mr Brady acquired multiple loans from Ulster Bank between 2004 and 2007, utilised for property syndicates and investment funds across Europe and Asia, as well as for purchasing land and commercial units in County Cavan. The loans were secured against properties in the county. Promontoria acquired the loans from Ulster Bank in late 2014 and early 2015. The fund alleges Mr Brady failed to meet repayment obligations under the loan facilities and that his response to a demand for outstanding monies plus interest was non-compliance. Following the appointment of receivers over the secured properties, Promontoria contends that Mr Brady has refused to permit possession or sale of the assets. The application was admitted to the fast-track list by Mr Justice Brian Cregan on Monday.
A settlement agreement between former Fine Gael TD John Perry, his wife Marie and Danske Bank concerning a €2.47m judgment has broken down, the Commercial Court heard. The couple had consented to the judgment in 2013 following the bank's provision of a facility in 2011 to restructure existing loans. Danske claims the Perrys failed to meet obligations under a subsequent settlement arrangement and terminated the agreement last August. The bank is now pursuing recovery of the debt and obtained a High Court order requiring the Perrys to provide a statement of affairs detailing their assets. When the case returned before Mr Justice Brian Cregan on Monday, the deadline for compliance had passed without submission. The judge extended the timeframe by two weeks and directed that either Mr Perry or his legal representatives must attend the next court hearing. An accountant appearing on the couple's behalf stated Mr Perry was ill and cited difficulties obtaining information from the bank.
The High Court has fast-tracked a legal challenge to An Bord Pleanála's August decision permitting Apple to develop an €850m data centre in Athenry, Co Galway. Applicants Sinead Fitzpatrick and Allan Daly seek to quash the planning permission, alleging the board failed to conduct a proper Environmental Impact Assessment regarding the development's significant energy demands. Apple Distribution International, represented by Rory Mulcahy SC, applied for the case to be admitted to the commercial court list to resolve the matter expeditiously. Mr Justice Brian Cregan admitted the Fitzpatrick and Daly action to the fast track. Apple intends to seek the transfer of a second challenge, brought by Co Wicklow landowner Brian McDonagh, to the commercial court to have both cases heard together in March next year. However, Mr McDonagh, representing himself, objected to the transfer, claiming it would prejudice his action. Mr Justice Cregan stated that nothing would be done regarding Mr McDonagh's action until it returns before the court next Monday. The matter involving Fitzpatrick and Daly was thus admitted to the commercial list, while the procedural status of McDonagh's separate challenge remains pending further hearing.
The High Court granted a freezing order on a Dubai bank account belonging to GTD International, a UAE‑registered firm linked to Arden Forestry Management, an Irish‑registered forestry investment company under investigation by Gardaí. The order was sought by Mr Declan De Lacy, the provisional liquidator of Arden, who feared that the funds could be dissipated. Arden had raised €4 million from UK investors to buy forestry in Ireland, but only €200 000 was spent on forestry; the remainder was transferred to GTD International. Mr De Lacy argued that the company had the hallmarks of a Ponzi scheme and that some of the transferred funds, estimated at €1.5 million, had already been dissipated. The High Court, on an ex‑parte basis, made the order returnable next week. The freezing follows a Garda investigation and a prior blocking order on Arden's main AIB account, which has left the company unable to operate.
A receiver appointed by NAMA, Aidan Murphy, secured a temporary High Court injunction to stop members of the Travelling Community from trespassing on the Church Hill housing estate in Tullamore, Co Offaly. The injunction was sought because up to 13 caravans were located on the estate, with the receiver claiming they had no right to be there and had refused to leave. The receiver also alleged that the estate had been damaged, residents complained of anti‑social behaviour, rubbish dumping, and an explosion had been reported. The insurers of the estate were withdrawing cover due to the alleged ongoing trespass, and the insurance would expire on Monday, leaving any damage from that date onward uncovered. The injunction, granted ex‑parte by Mr Justice Paul McDermott, prohibits 16 individuals allegedly on the site and anyone with notice of the order from trespassing or interfering with the receiver and his agents.
In November 2016 the High Court heard a case brought by insolvency practitioners Jim Hamilton and David O'Connor, acting as receivers for Nama, against David and Patrick Maughan. The dispute concerns a greenfield site on Monasterevin Road, Portarlington, Co. Laois, which has been earmarked for a new primary school. The receivers claim the Maughans are residing on the property without entitlement and are seeking injunctions that require the Maughans to vacate the site, remove all their property, and prevent any trespassing by them or anyone with notice of the action. The Maughans attended the hearing without legal representation, stating they had only recently been served with documents and had not had time to secure a lawyer. They denied that their mobile homes were on the greenfield site, asserting they were on the nearby road, and said they had been living on the site since March 2015.
In a High Court case on 1 November 2016, Mr Justice Paul Gilligan ordered the sale of a Dublin house at 75 Riverside Drive, Clonshaugh, owned by Brian Mahony, after the Criminal Assets Bureau (CAB) claimed it was bought with proceeds of crime. CAB's application followed Mahony's failure to satisfy a 2013 Revenue judgment of €1.25 million. The house, acquired in 2005 for €300 000 with a mortgage from EBS and a €30 000 deposit, was later found to have been financed by unknown criminal activity. Mahony's wife, Ciara Mahony, opposed the sale, asserting she had an interest and had been making mortgage payments and paying for upkeep. The judge questioned the credibility of her claims, noting a lack of evidence that her payments came from her own income and that any contributions were negligible.
An Irish woman, whose name is withheld for legal reasons, appeared before the High Court for an extradition hearing to the United States over alleged involvement in a multi‑million euro steroid distribution scheme. She was first arrested last year after refusing to surrender to American officials. Counsel for Attorney General Robert Barron SC presented five charges: conspiracy to manufacture and possess anabolic steroids (maximum ten years), distribution of human growth hormone (maximum five years), importation of substances into the United States (maximum twenty years), and two money‑laundering charges. Barron argued that the U.S. authorities consider her a willing member of a criminal organisation, citing affidavits from former associates and information on U.S. prison conditions. He linked the first three charges to Irish Medicines Board Act 1995 regulations on medicinal product supply and to the Criminal Justice Act 2006 on organised crime. The court will hear submissions from the woman's lawyers tomorrow before Justice Aileen Donnelly.
In a 2016 High Court decision, Mr Justice David Keane imposed restriction orders on Helen Jayne Bailey, Stephen James Logue, and Denis Cremin, directors of Spur (Liffey Valley) Restaurants Ltd. The orders were granted after the company entered voluntary liquidation in 2013 with a €309,000 deficit. The judge highlighted that the directors had failed to provide the liquidator, Eamon Leahy, with documentation relating to lease and franchise agreements with Trinity Leisure Ltd, which cost the company €825,000 and were not reflected on the balance sheet. The agreements, benefiting Trinity – in which Bailey and Logue were directors – created a conflict of interest and were deemed questionable. Although Cremin had a passive role, the court held that all three directors were liable and ordered restrictions on their future involvement with any firm. The decision underscored the importance of transparency and cooperation in corporate liquidation proceedings.
A man with alleged links to Islamic terrorism has challenged the State's deportation order in the High Court. He argues that returning him to his native country would expose him to inhuman and degrading treatment, including torture, because of his political views. The challenge is based on the Irish Refugee Appeals Tribunal's finding that he would face serious harm if returned, yet the Minister excluded him from subsidiary protection due to past convictions. The Minister, represented by Remy Farrell SC and Sinead McGrath BL, denies the man's claims and maintains that the deportation order is lawful. The man, aged in his early 50s, has previously served time in prison for terrorism‑related offences in another jurisdiction and asserts that he and his brothers were tortured for their political views. The hearing has been adjourned to a date next month.
The Irish Medical Organisation (IMO), representing about 3,000 non‑consultant doctors, has brought a High Court action against the Minister for Public Expenditure and Health and the Health Services Executive to challenge the 2012 abolition of the €61‑per‑week Living Out Allowance for junior doctors. The allowance had been paid when hospitals did not provide free accommodation to non‑consultant hospital doctors (NCHDs). The IMO and Dr Gabriel Beecham argue that the abolition breaches a 2010 settlement agreement that guaranteed the allowance to NCHDs. They contend that Section 22(4) of the 2004 Health Act does not give the government the right to remove the allowance and seek a declaration that the 2010 agreement remains enforceable. The case is before Mr Justice Paul McDermott, with the government denying the claims. The action remains unresolved.
The High Court has dismissed a challenge brought by Investment Company D2 Private Ltd and its director, Deidre Foley, against powers used by inspectors investigating collective redundancies at Clery's Department Store. Mr Justice Michael Twomey ruled that the court did not see any basis for interfering with the investigation conducted by inspectors appointed by the Workplace Relations Commission. The inspectors had entered D2's offices at Harcourt Terrace Dublin in May, removing items including a laptop and documents, following the loss of 460 jobs in June 2015. Ms Foley and D2 argued the seizure was unlawful and that they were not the employers of the redundant workers. The judge stated that the threshold for judicial interference in State investigations is exceptionally high and had not been met. He clarified that the case did not determine the admissibility of evidence or liability for alleged offences, noting that such arguments should be raised in a criminal trial if one proceeds. The court declined to order the return of the seized materials or award damages. The matter was adjourned to November 8th.
Peter Sweetman, an environmentalist, has taken legal action against An Bord Pleanala's decision to grant planning permission for an extension of a wind farm at Boolynagleragh, Co Clare. The extension would add seven turbines to an existing nine‑turbine development that received permission in 2010. Sweetman argues the board's decision was "unreasoned and unreasonable" and contrary to law, claiming no proper assessment of natural habitats and wildlife was conducted. He also contends that the Clare County Council had previously rejected the extension due to environmental concerns. The case was transferred to the fast‑track Commercial Court list by Mr Justice Brian McGovern after Sweetman secured a High Court order to proceed in August. ESB Wind Development Ltd, the developer, seeks the transfer to expedite construction milestones tied to a state subsidy scheme, while also noting the project's projected €67 million capital cost and €4.6 million spent to date.
In a dispute over a contract to supply a new electronic point‑of‑sale system, Wincor Nixdorf Ltd and Musgrave Retail Partners Ltd have been admitted to the fast‑track Commercial Court list. Wincor was commissioned in early 2014 to deliver the system and entered a master agreement with Musgrave in December 2014. During the project, Wincor alleges that Musgrave repeatedly breached the contract, stymying and obstructing delivery of the system and preventing it from meeting agreed milestones. In June, Musgrave allegedly terminated all agreements with Wincor without warning, a termination Wincor claims was wrongful, defective and void, causing serious harm and loss. Wincor says €1 million remains unpaid and estimates total losses from the breach, including hardware and software services, at about €10.4 million. The case was admitted by Mr Justice Brian McGovern, who suggested the parties consider mediation.
The High Court has dismissed a damages claim against Northern Ireland's Department of Agriculture and Rural Development, ruling that the body is entitled to sovereign immunity as an agent of the British Crown. The action was brought by Co Wicklow potato farmers Paul and John Brady, who alleged that in 2012 they purchased €88,000 worth of seed potatoes sourced in Co Down that subsequently failed. The applicants claimed total crop losses of €332,000 and alleged the Department was negligent in certifying two batches of Premier Elite seed potatoes as fit for purpose. They contended that shortcomings in the examination of the seed by inspectors resulted in their crop being suitable only for animal feed. In a pretrial motion, the Department argued that the Dublin Court lacked jurisdiction to hear the claim against it. At the time the proceedings were launched, Sinn Fein's MLA Michelle O'Neill was NI's Minister for Agriculture; she has since been replaced by DUP MLA Michelle McIlveen. Mr Justice Seamus Noonan held that the Minister and the Department were agents of the Crown, exercising executive powers under the Northern Ireland Act of 1998. The judge determined that the Department was administering the seed certification programme in a public law capacity, not engaging in private trade. Consequently, the court was not competent to adjudicate upon the administrative acts of a foreign sovereign's agent. The statement of claim against the NI Department was set aside. The Brady's damages claim against other defendants remains live.
A Co Dublin couple's High Court action against their neighbour, Anne Madden, has been struck out with the consent of both parties. The action was brought by Allan and Rosemary Archer, who had entered into contracts to sell their property at Deebert, Brookstone Road in Baldoyle Dublin and purchase a new house in Sutton. The Archers alleged that Ms Madden's claims regarding the boundary between their properties threatened to scupper their plans to move. Ms Madden had claimed the boundary should be moved 2m into the Archer's property, which led to the contract of sale for their house being unable to be completed. The Archers, represented by Breffni Gordon Bl, rejected Ms Madden's claim, stating that the boundary fence was constructed at Ms Madden's request in 2008 and marked out by an engineer hired by her. They claimed that if Ms Madden's claim was accepted, the boundary would go through the kitchen of their property. The Archers had brought High Court proceedings against Ms Madden seeking various orders and declarations, including that the boundary fence is correctly positioned, injunctions to withdraw the letter of September 21st, and damages for slander of their title. The case came before Mr Justice Paul Gilligan, who was told the matter could be struck out with the consent of both parties.
Jonathan Nolan, aged 22, avoided jail after attacking shopkeeper Aaron Anglim with a paint roller on 13 May 2014 at Decies Mini Market, Ballyfermot. Nolan claimed he believed Anglim had assaulted his mother, who had earlier confronted Anglim in the shop, slapping, pushing and kicking him before being asked to leave. Nolan entered the shop armed with a paint roller whose plastic cap had been removed, exposing a metal bar, and stabbed Anglim's head. Anglim defended himself with a golf club left in the shop. Anglim suffered a 1‑cm cut below his hairline and was treated at St James's Hospital. Nolan pleaded guilty to assault causing harm. Judge Melanie Greally suspended a two‑and‑a‑half‑year jail term on strict conditions, noting Nolan and his mother had since reconciled with the victim and expressed remorse.
An equine firm, Herbst Manufacturing Ltd trading as Polo Wicklow, has lodged a High Court challenge against the Minister for Jobs, Enterprise and Innovation following the refusal to renew a work permit for an Argentine trainer who has lived in Ireland with his family since 2003. The company, based in County Wicklow, argues that the refusal was based on a conviction it received after admitting a worker it believed had the right to work in Ireland but did not possess the required permit. The firm, which has operated for 25 years training polo horses for export to other European countries, claims it is practically impossible to find suitably qualified trainers in Ireland and therefore recruits South American nationals. In January 2024 the company was fined €750 in the District Court after pleading guilty to an offence under the 2006 Employment Permits Act for employing an Argentine national for seven weeks who was not entitled to work in Ireland.
The High Court has ordered that the claim for €2.3 million brought by Seamus Maguire and Company Solicitors against businessman Alan Hynes and his wife Noreen Hynes, trading as A&N Properties, will proceed to a full hearing. The solicitors seek summary judgment for the amount in relation to a cheque allegedly dishonoured. The cheque, drawn in November 2007, was made payable to the solicitors' client account and was held at the defendants' request. The defendants, who had borrowed €3 million from AIB to acquire and refinance a site in Moongate, claim the funds were diverted to another property and that the cheque was never paid. They deny the cheque was dishonoured and argue there is no evidence of dishonour. Mr Justice Paul McDermott ruled that the defendants raised an arguable defence that warrants a full hearing, but he was not satisfied that they had established a basis to dismiss the claim.
In a High Court hearing on 14 October 2016, Mr Justice Paul McDermott appointed solicitor Mr Hugh Kane of Kane Tuohy as a receiver on an interim basis over shares in Universal Assets Ltd, a Belize‑based company linked to former property developer Kevin McGeever. The shares, owned by Mr Robert Kearney, are alleged to be held by Mr McGeever as a beneficial owner and are connected to a mansion called 'Nirvana' on a five‑acre site in Craughwell, County Galway. Mr James Byrne, who obtained a €1.2 million judgment against Mr McGeever in 2014 over a failed Dubai apartment deal, sought the receiver's appointment to protect his position and recover the judgment. Mr McGeever's lawyers opposed the appointment, arguing no urgency and that Mr McGeever was seeking a valuation of 'Nirvana'. Mr Justice McDermott noted that no deed of trust or trustee details had been provided and adjourned the matter to 25 October 2016.
Eir has filed a legal challenge against ComReg's decision to designate it as the Universal Service Obligation provider for Access at a Fixed Location (AFL) across Ireland for a five‑year period from July 2016 to July 2021. The decision requires Eir to meet all reasonable requests for fixed‑location electronic communication services and to achieve mandatory quality of service, fault repair and connection time targets. Eir argues that the obligation forces it to provide connections to its legacy copper network, which it claims is uneconomical and becoming obsolete, especially as mobile phones are widely used for calls. The company contends that the designation process was flawed, that it unlawfully interfered with its property rights, and that it has not received any compensation or funding despite being entitled to it. Eir seeks a review of the USO AFL requirement under the 2011 European Communities Regulations, citing significant cost and lack of justification for the imposed obligations.
Gary Ryan and Theresa Ryan, trading as Woodland Creche and Montessori in Lusk, secured a temporary High Court injunction against Petrogas Group Limited, trading as Applegreen, over alleged noxious smells. The applicants claim waste water from the M1 service station causes foul odours that threaten the health and safety of 80 children and 12 staff. Counsel stated that an outfall manhole adjacent to the creche releases gases when the station's tanks pump waste into the main sewer. Although previous 2014 proceedings resulted in undertakings to restrict pumping to 11pm to 4am, the applicants alleged the smells returned recently, causing parents to raise concerns. Counsel noted that Gary Ryan and an engineer found the odour so repulsive they had to leave the premises. Mr Justice Paul Gilligan granted the interim injunction on an ex-parte basis, restraining the defendant from permitting the escape of noxious gases. The judge noted the risk to children and staff but stated it remained to be seen if the order would force the station to close. The matter was adjourned to Friday.
Ms Justice Caroline Costello has lifted freezing orders on bank accounts at the High Court following agreement by the account holders to transfer funds to the Official Assignee. The monies, totalling over €85,000 in cheques made payable to a bankrupt County Monaghan farmer, had been lodged into accounts held by third parties. The Official Assignee, Chris Lehane, obtained the freezing orders in late August after the farmer's bankruptcy declaration, concerned the deposits represented attempts to place funds beyond the reach of his office. Cheques exceeding €55,000 were lodged to Navan Fruit Co Ltd at an Ulster Bank branch in County Louth, whilst over €31,000 was deposited to an account in the name of Tony Walsh trading as Breathnach Bargains at a Dublin branch of Bank of Ireland. Both account holders agreed to release the funds, with Walsh committing to pay €20,000 within one week and the remainder within two weeks. Ms Justice Costello vacated the freezing orders and adjourned the matter.
The High Court has granted permission to the Dublin-based group Right to Know CLG to proceed with a challenge against the Department of An Taoiseach's refusal to provide documents showing cabinet discussions on climate change. The action follows a decision by a senior official at the Department on June 27th, which refused Right to Know access to 31 documents it had sought. This decision followed an earlier refusal by the Department to grant access to the documents, which show cabinet discussions on climate change and Ireland's greenhouse emissions between 2002 and 2016. Right to Know, which seeks to improve public access to information, applied for access to the documents in March under European Access to Information on the Environment Regulations and EU Directives on public access to environmental information. The Department initially refused access in May, citing cabinet confidentiality. Right to Know sought an internal review, arguing that the Department's initial refusal did not comply with EU law obligations and that the public interest in disclosure outweighs the interest in refusal. Following the internal review, the Department again refused access. Right to Know claims its submissions were not properly considered and that the refusal was unlawful and incompatible with EU law. In his judgment, Mr Justice Raymond Fullam said he was prepared to grant Right to Know permission to bring its action, noting the case concerns the interpretation of EU Directive on public access to environmental information. The case has been brought in the context of the supremacy of European Law over national law. The Judge granted permission to seek an order quashing the June 27th decision and a declaration that the Minister for Environment, Heritage and Local Government is not permitted under EU law to exclude an entire class of documents from disclosure. Permission was also granted to seek a declaration that the review decision did not contain adequate reasons. The application was made ex-parte, and the matter has been returned for a hearing in November.
In a High Court pre‑trial application, barrister Maura King has sued the Bar Council of Ireland and the Barristers Professional Conduct Tribunal, alleging that a complaint of misconduct lodged against her in 2013 was mishandled and dismissed. King claims the handling of the complaint has harmed her health and led to ostracism by many Bar members. Both bodies oppose the action and seek to strike the proceedings out, citing alleged inability to defend themselves. The judge, Mr Justice Paul Gilligan, has reserved judgment and will decide later.
The Firstwood Partnership, owners of a car park and several commercial premises in Dublin 2, obtained a temporary injunction from Mr Justice Tony O'Connor to stop Launceston Property Finance and its appointed receiver, Mr Stephen Tennant, from selling the properties. The injunction, granted ex‑parte, prohibits the receiver from collecting rents or disposing of the assets, which include a car park, a restaurant, offices at 1‑6 St Andrews Lane, Nos 14 & 15 Trinity Street, Nos 1 & 2 Dame Lane and part of No 3 Dame Lane. The partnership, comprising Mr Dermot Murphy, Mr Eric Brunker, Mr Anthony Kidney, Gabriel Byrne and Mr Stephen Hamilton, argues that the receiver's appointment is unlawful and that the properties should not be sold. The case arose after Launceston, having purchased the loan from Anglo Irish Bank in 2014, appointed a receiver following a dispute over alleged breaches of loan terms.
Tributes were paid to Judge Alison Lindsay on her retirement as a Circuit Court Judge. Members of her family and former tip‑staff attended the Special Criminal Court in Dublin to hear tributes from barristers, gardai and court staff. Judge Lindsay presided over the three‑judge court that day. Patrick Gageby SC led the tributes, noting the esteem in which she was held by all members of the bar, both senior and junior, and describing her career as a long and lauded legal lineage. High Court judge Mr Justice Paul Butler called her a wonderful colleague and remarked that her retirement was very early, adding that she was considerably younger than he. Solicitor Michael O'Donovan, on behalf of the Director of Public Prosecutions, said she was an absolute pleasure to deal with. Former Special Detective Unit member Chief Superintendent Tom Maguire thanked her for her service in the Special Criminal Court, praising her impartial, fair and incisive questions.
A High Court judge has referred legal questions to the Court of Justice of the European Union regarding cost allocation in proceedings connected to the north-South electricity interconnector project. Mr Justice Richard Humpreys made the referral on Friday following a May judgment in which he dismissed a challenge by the North East Pylon Pressure Campaign Ltd, representing approximately 200 landowners in Cavan, Monaghan, and Meath, against An Bord Pleanála's decision to hold an oral hearing. The hearing, which opened in Carrickmacross in March, concerns EirGrid's application to construct approximately 300 pylons as part of the proposed interconnector under Strategic Infrastructure Development legislation. The judge determined that the cost applications raise issues requiring clarification on the application of European law, specifically the Environmental Impact Assessment directive and the Aarhus Convention on environmental access to justice. An expedited preliminary ruling has been requested. The costs applications have been adjourned pending the European court's decision.
In 2016 the Supreme Court upheld an appeal by Tipperary Raceway, a motor‑racing track owner, against a High Court injunction that had been granted to Tullamaine Castle Stud. The injunction, issued in 2008, restricted the track's operating times, citing noise that the stud claimed harmed its equine business and constituted a breach of the 2000 Planning and Development Act. The High Court judge, Mr Justice Peter Charleton, found that the track's increased use and noise amounted to a nuisance and that the track had exceeded the hours permitted by its 1981 planning permission. Tipperary Raceway argued that the breach was not subject to the seven‑year limitation period of the Act. The Supreme Court agreed that an injunction might be justified but remitted the case back to the High Court for a fresh hearing, noting that the practice of "drifting" at the track should be restrained until the High Court decided the appropriate form of injunction.
Gayle Dunne, wife of property developer Sean Dunne, lost a bid to halt proceedings aimed at setting aside alleged invalid transfers of assets worth about €100 million. The case, brought by Chris Lehane, the official administering Mr Dunne's Irish bankruptcy, concerns two alleged agreements from 2005 and 2008 involving the Lagoon Beach Hotel in Cape Town and Irish properties. Mr Dunne filed for bankruptcy in Connecticut in 2013 and was declared bankrupt in Ireland the same year, a decision upheld by the Irish Supreme Court. Ms Dunne argued the transfers were compensation for her career and that Irish proceedings were oppressive, seeking dismissal on the basis that U.S. courts should decide the matter. The Official Assignee denied these claims, noting the assets were Irish and the transfers involved Irish share and loan assignments. Judge Caroline Costello dismissed Ms Dunne's application, stating Ireland was the proper forum and that her arguments did not show abuse of process.
The High Court, by Ms Justice Caroline Costello, approved a compensation arrangement for six former bankrupts who held tracker mortgages with Permanent TSB. Under the scheme, PTSB will pay up to €25,000 to each bankrupt, with 70% of each payment going to the bankrupt and 30% to the Official Assignee, Mr Chris Lehane, who will distribute that portion to creditors. The arrangement followed negotiations among PTSB, Mr Lehane, solicitors, the Irish Mortgage Holders Association and New Beginning groups, and was prompted by PTSB's admission that it had wrongly moved customers onto more expensive mortgages. The scheme is part of PTSB's Mortgage Redress Programme, which aims to compensate affected customers, return them to trackers and refund them. The judge approved the arrangement, noting its benefit to all parties involved.
In July 2016, Meath County Council initiated High Court proceedings against Mr. John and Mrs. Bridgie Stokes, alleging they had unlawfully occupied a vacant council house at 11 Tailteann Street, Navan. The council sought an injunction compelling the couple to vacate and hand over possession. Mr. Justice Donald Binchy granted the council permission to serve short notice of the injunction ex‑parte, adjourned the matter for a week, and allowed the council to proceed. The council described the matter as "very urgent" because the house was earmarked for another family on its housing list. A security company had reported that shutters were removed and that someone was living in the property; an official subsequently found the Stokes inside. The council had informed the couple that they had no lawful entitlement to occupy the house and requested they leave, but the Stokes refused to vacate.
Rose Kiely, 35, of Lucan, pleaded guilty in Dublin Circuit Criminal Court to four counts of stealing €20,000 in social welfare payments from the Department of Social Protection between May 2013 and December 2014. She claimed the theft was an act of desperation after her partner's death and used the money to pay bills and support her child. The court accepted her admissions and the lack of prior convictions, and Judge Martin Nolan imposed a two‑year custodial sentence that was fully suspended. Kiely is now repaying the stolen amount at €28.20 per week from her own welfare entitlement, a repayment plan that will take 13 years to complete. The case involved Garda investigations that uncovered a DSP card in another woman's name and CCTV evidence from a post office. Kiely cooperated fully with the authorities and stated that the funds were spent on household expenses and her daughter's activities rather than socialising.