Dunne J dismissed an appeal by applicant Dismissing Sweetman regarding planning permission for a gas terminal in County Mayo. The case concerned Shell's compliance with Condition 37, which required security for land reinstatement. In 2005, Sweetman sought injunctions under section 160 of the Planning and Development Act 2000. Smyth J previously held that Shell had substantially complied with the condition. Sweetman appealed to the Supreme Court in 2006 but did not actively pursue the matter until 2014, when it appeared on the uncertified list. By the time of the hearing, Shell had completed the terminal and commenced production. Sweetman did not seek to shut down the plant but wanted a determination that Condition 37 was not complied with. Dunne J noted that Sweetman effectively had to be forced to proceed with the litigation. She stated that the delay decreased his likelihood of success, as the court's power under section 160 is discretionary. The judge considered the impact on Shell, which had invested significantly, and on employees. Dunne J found that there was no live dispute between the parties because the Council had agreed to Shell's security arrangement. Consequently, the appeal was dismissed as moot. The court emphasized that it is unacceptable to conduct litigation in this manner, particularly when seeking injunctive relief after significant delays.
ACC Loan Management Ltd has secured summary judgement in the High Court for €3.893 million against three directors of a Mayo-based development company. Ms Justice Marie Baker granted the order against Seamus Dolan, John Waldron and John A Waldron, who are directors and shareholders of DW Developments Ltd, based at Carrowmore Meadows, Knock. The bank had advanced loans to the company in 2007 and 2008, partly to fund construction at a Knock development, which defaulted in 2008. ACC sought judgement on the basis of five separate personal guarantees executed by the three men. The defendants opposed the application, arguing they had defences including claims of a joint venture arrangement and procedural defects in the guarantee documentation. Justice Baker rejected these contentions, finding no credible defence had been established. The judge confirmed each defendant had executed the guarantees. The matter was adjourned to allow submissions on interest payable on the sum awarded.
Shane O'Connor, 34, of Tallaght, pleaded guilty at Dublin Circuit Criminal Court to the offence of producing an article at Mountjoy Prison on 25 September 2013. The incident involved O'Connor attempting to throw a jug of warm water at fellow inmate Keith Hughes while prison officer Leon Maguire was refilling a jug for tea. O'Connor rushed past Maguire, who was restraining him, and struck Maguire on the forehead with the jug. Maguire was treated for a cut and received one stitch. O'Connor was already serving a four‑year robbery sentence and had 29 prior convictions. He was undergoing drug rehabilitation at Tiglin Centre and was reported drug‑free for a year. Judge Patricia Ryan, after hearing the evidence, imposed a two‑year suspended sentence on strict conditions, recognising O'Connor's admissions, family support and drug‑free status. The sentence was suspended, not executed, pending compliance with the conditions. The case remains at the suspended‑sentence stage.
In a spring afternoon on O'Connell Street, a confrontation erupted when Sinn Féin supporters, including Gerry Adams, Martin McGuinness and Danny Morrison, tried to stop Garda detectives from arresting Evelyn Glenholmes, a young Belfast woman. A plain‑clothes detective fired three shots into the air, prompting shoppers to flee. Morrison calmly confronted the detective and ordered him to put the gun away. The Garda subsequently withdrew, and Glenholmes was arrested and taken to Bridewell. She appeared before a District Court judge who, after hearing that nine extradition warrants issued by Scotland Yard were defective, ordered her release. The incident, which began with a court appearance on March 2, 1986, escalated into a public melee on O'Connell Street, with shots fired and supporters and detectives clashing outside the court. The case highlighted tensions over extradition requests for IRA suspects and led to accusations of Dublin being "soft" on terrorism.
In a High Court hearing on 4 February 2016, the legal team of a 34‑year‑old Irish man argued that he should not be extradited to Britain to face two historic child‑abuse charges. The man, who cannot be named, is alleged to have sexually assaulted a six‑year‑old girl between January and June 1994, when he was 13. His solicitor, Mr Patrick McGrath SC, said the man lives in Dublin, has five children and is actively involved in their lives, and that the 20‑year delay in issuing an arrest warrant breached his client's rights. McGrath also contended that the evidence supplied by British authorities would not be sufficient to bring the case to trial in Ireland, and that extradition without a clear case would be unfair.
The High Court has admitted a dispute over the ESB's award of €150m in overhead power line maintenance contracts to the fast track Commercial Court list. Powerteam Electrical Services Ltd, the applicant, seeks a judicial review of the ESB's December determination that its tender for the Multi-operator Framework Agreement for Overhead Lines Works was unsuccessful. Powerteam also challenges the ESB's decision to admit six other parties to the agreement. The ESB alleges that Powerteam's proceedings have triggered an automatic suspension of the Framework Agreement, creating a substantial risk to electricity supply security. Mr Justice Brian McGovern, acting on consent from both parties, admitted the case to the fast track list. He also fixed a hearing for Friday of this week regarding the ESB's application to lift the automatic suspension. Counsel for the ESB argued the matter was urgent and required a hearing within days to prevent supply risks. Conversely, counsel for Powerteam disputed this urgency, arguing the company needed further information from the ESB before the suspension application should be heard, and requested the hearing be put back for two weeks. After considering the submissions, the judge directed that the ESB's application to lift the suspension proceed next Friday.
In a Commercial Court hearing on 1 February 2016, Mr Justice Brian McGovern scheduled a preliminary hearing for 26 April to decide whether the claims brought by almost 280 investors against the Belfry Fund are outside the statute of limitations. The investors, who invested between €50,000 and €200,000 in the fund between 2002 and 2006, are seeking damages for alleged negligence, breach of contract, breach of fiduciary duty, negligent mismanagement and misrepresentation. The claims are denied. The judge said the preliminary issue concerning the statute of limitations would be heard on 26 April, while other preliminary matters could be addressed at a full hearing, which he said should be modular. The hearing concerns the fund promoted by Allied Irish Bank and five directors of the Belfry Properties group, including Tony Kilduff and John Rockett. The court will consider whether the actions are time‑barred. The decision will be made in the scheduled preliminary hearing.
In February 2016, a dispute between property developer Michael O'Flynn's company, O'Flynn Capital Partners (OFCP), and Dun Laoghaire‑Rathdown Council over a €75 million residential development at Beech Park, Cabinteely/Loughlinstown, was set for a Commercial Court hearing on 3 May. OFCP sought judicial review of the council's 31 July refusal to grant planning permission for 164 units. The council's refusal cited a lack of a high‑quality site‑specific design, potential harm to local amenities, and inconsistency with the Cherrywood Planning Scheme. O'Flynn argued that the refusal would hinder the delivery of the development, which would include demolishing 11 dwellings, building a 158‑metre section of Druid's Glen Road, and creating about 100 construction jobs. He noted financial losses from the halted project and the need to secure properties slated for demolition. The hearing was expected to last three to four days.
The article discusses Ireland's strict ban on courtroom broadcasting, contrasting it with televised trials in South Africa and the UK. It notes that while no law prohibits cameras, the practice is a de facto policy, and requests for recording or live broadcast are routinely rejected. Recent developments in the UK, where live broadcasts from the Court of Criminal Appeal began in 2013, and Scotland's long‑standing use of cameras since 1992, are cited as potential models. The article mentions a proposed advisory committee and pilot project in Ireland, possibly starting in the Supreme Court or the new Court of Criminal Appeal. It highlights the benefits of open justice and the protection of witnesses, noting that filming would likely be limited to judges and lawyers. The piece concludes that any change would require a broader policy shift following a review.
In a High Court ruling on 29 January 2016, Mr Justice Paul Gilligan referred serious complaints about the removal of a bank‑appointed receiver from McElhinneys of Athboy to the Garda Commissioner. Barry Forrest, the receiver appointed by the Bank of Ireland, claimed he entered the store peacefully on 16 January 2014 under a court order, but was violently intimidated and forced out by a mob of up to 40 people he said had been called by general manager Neal Sweeney. Sweeney and businessman Dr Michael Grimes disputed this, asserting that the premises were taken by force by a gang of "thugs, goons and gangsters" and that Dr Grimes's company was in possession of the store. The judge denied Dr Grimes's claim of possession, refused to join him to the proceedings, and dismissed his application to restrain Forrest and the bank. The court had previously granted the receiver possession of the premises and ordered all parties to vacate.
The High Court, on 29 January 2016, appointed Neil Hughes and Joseph Walsh of Hughes Blake as joint provisional liquidators for Innovation Enterprises Ltd, a Cork-based chemical manufacturing firm employing 31 people. The appointment followed a request from Ross Gorman Bl, who argued the company was "hopelessly" insolvent after its Swiss parent, Orphee SA, withdrew support. Innovation Enterprises, which produces and sells 200 chemical reagents to hospitals, laboratories and other businesses, had been loss‑making and could not meet its debt obligations or pay its wage bill due at the end of the month. Counsel noted the firm had failed to secure additional investment and that the provisional liquidators were required to preserve assets and monitor hazardous chemicals that must be stored at specific temperatures to remain usable. The case is scheduled to return to the court in February.
The Irish Times has apologised to Consultant Psychiatrist Professor Patricia Casey before the High Court regarding defamatory comments posted on its website. Prof Casey, the applicant in this matter, brought defamation proceedings over remarks made by anonymous members of the public in July 2013. These comments appeared beneath articles written by columnist Breda O'Brien and psychiatrist Prof. Brendan Kelly concerning the Protection of Life during Pregnancy Bill. The High Court heard that the action had been resolved between the parties. As part of the settlement, an apology was read to the court by Cian Ferriter SC on behalf of the newspaper. The apology acknowledged that two anonymous users had stated Prof Casey was an unprofessional psychiatrist unfit to treat suicidal pregnant women and that she misrepresented research to promote a Catholic agenda. The Irish Times accepted these comments were untrue and recognised Prof Casey's integrity and professionalism. No other details of the settlement were revealed in open court. Following the apology, Prof Casey stated she was pleased with the outcome and expressed hope that the case would encourage online publications to reconsider the comments they allow. She thanked her legal team, including solicitor Kevin Brophy. The matter was resolved by settlement and apology rather than a judicial finding of liability.
In a Dublin Circuit Criminal Court hearing on 29 October 2013, Brendan Byrne, a 58‑year‑old taxi driver from Millrace Avenue, Saggart, pleaded guilty to dishonestly appropriating household furniture and assorted items from an apartment in Hazelgrove Court, Tallaght. Byrne, together with three others, removed a range of items including two televisions, two couches, a washing machine, a microwave, mirrors, paintings, tables and light fittings. The landlord had changed the locks after a Garda raid a few days earlier, and the tenancy agreement between the landlord and Byrne's stepson had not yet expired. Byrne had previously been convicted of attempted robbery (1984) and forgery (1998). Judge Melanie Greally accepted Byrne's recklessness regarding ownership, noted that some items were recovered while light fittings and small pieces were not, and that Byrne had pushed the door open.
Noel Nolan, 29, pleaded guilty to possessing 352 g of heroin worth €52,810, which he had held to offset a cocaine debt. He was sentenced at Dublin Circuit Criminal Court, but the sentence was adjourned pending a Probation and Welfare Service report. Nolan had three prior minor public‑order convictions and had worked as a labourer until the recession. Garda Colleen Gallagher reported that Nolan had shown the drugs and admitted to holding them for a week to settle the debt.
The High Court appointed Mr Michael McAteer of Grant Thornton Ireland as provisional liquidator for Xtra‑Vision Entertainment Ltd and Xtra‑Vision Ireland Ltd, following a petition by Oxtermont Ltd, part of Hilco Capital. Mr Justice Paul Gilligan confirmed the appointment after learning the firms were insolvent and could not meet debts as they fell due. The companies operate over 80 outlets across the Republic and Northern Ireland and employ 583 full‑time and part‑time staff. The court noted the bulk of these jobs are likely to be lost, though some positions may be retained at related companies such as the HMV chain. Xtra‑Vision's owners cited a significant decline in revenues—over €12.4 million in 2015—and a €2.5 million loss, attributing the downturn to the decline of the movie‑rental market, increased online streaming, and piracy.
A woman who says she was forced to work in Magdalene laundries for ten years has taken legal action against the Minister for Justice for excluding her from the government's redress scheme for victims of those institutions. She claims she was used as "forced labour" at St Mary's laundry in Waterford and St Mary's Refuge Magdalene Laundry in Dublin from age eight to 18, during the 1970s and early 1980s, and was not paid. She applied to the scheme set up in 2013 to compensate survivors, but her application was rejected because she was admitted to two industrial schools rather than the laundries themselves. In the High Court, she seeks orders to quash the Minister's refusal and to admit her to the Ex-Gratia Scheme for Women who were admitted to and worked at the laundries. The case was granted permission on an ex‑parte basis and is set for a hearing in March.
In a High Court hearing on 25 January 2016, a mother and her two children, whose names are withheld for legal reasons, argued that Kildare County Council's refusal to grant them emergency accommodation was unlawful. The family had been living in private rented accommodation with the mother's former partner until October 2015, after which they stayed with friends and relatives in a temporary arrangement. Despite applying for emergency accommodation on 6, 7 and 8 January, the council rejected their application on 8 January without providing proper reasons. The mother claimed the denial breached the council's accommodation scheme and her constitutional rights, and that the family could not secure alternative housing. She expressed fear that being forced to sleep rough would harm her children and that she was at a "cracking point." The court granted permission to bring the action ex‑parte and made the matter returnable to Thursday, noting the urgency of the case.
Kieran Conway, a former IRA member who served over twenty years and now works as a solicitor in Dublin, has agreed to be interviewed by the Special Detective Unit (SDU) as part of a new British police investigation into the 1974 Birmingham pub bombings that killed 21 people. Conway's book, "Southside Provisional," claims he was told about the bombings by IRA Chief of Staff Daithi O'Conaill (Dave O'Connell). The SDU will ask questions prepared by Birmingham police, focusing on Conway's accounts of the bombings and the IRA's alleged warning system failures. Conway, who joined the IRA in 1970 and left in 1993, has expressed personal shame over the attacks and stated that he believed the IRA had deliberately targeted civilians. The investigation is part of a mutual assistance programme between the Gardai and British police forces. The Birmingham Six, six Irishmen convicted and later cleared of the bombings, were released after fifteen years in prison.
At the High Court on 20 January 2016, Mr Justice Paul Gilligan granted an injunction to the owners of the former Neary's Hotel, now called the Barricade Inn, requiring all occupants to vacate the premises within 14 days. The injunction was sought by Mary Bergin, executrix of the late owner Ellen McGuill, and Vandelure Ltd, the freehold holder. The property, vacant since McGuill's death in 2002, had been used as a café and social club since March 2015. The court was informed that Vandelure had appointed two new directors, resolving earlier concerns about the company's ability to seek the injunction. Mr James Cleaver, the sole person to appear, consented to the injunction on the condition of a two‑week stay and no costs order. The injunction compels Cleaver and all others to leave, hand over possession, remove belongings, and prohibits re‑entry until the full action is heard.
In a High Court hearing on 19 January 2016, the HSE apologised to the family of an elderly woman with dementia for failing to communicate a care plan devised by a multidisciplinary team. The plan, which involved comfort feeding, had not been shared with her GP or the nursing home, and the woman had been discharged from hospital to the nursing home with only a discharge summary. The judge described the breakdown as substandard and regrettable, noting that the woman had recently lost the ability to swallow after a stroke and had been hospitalised with aspirational pneumonia. The HSE accepted that it had not informed the Office of Wards of Court about her health. The judge adjourned the matter to Friday, hoping the parties would agree on the woman's ongoing treatment and that any remaining difficulties would be resolved.
The High Court adjourned a dispute over possession of McElhinneys of Athboy. Bank of Ireland appointed receiver Barry Forrest had sought possession of three Sweeney family‑owned premises—McElhinney's Department Store, McElhinney's Bridal Shop and Guinans—after the owners failed to repay €2.34 million. In September, the court adjourned Forrest's application to commit the Sweenys to prison for allegedly not complying with an agreement to hand over the properties. Two properties were handed over, but Forrest could not secure the department store and sought committals. Dr Michael Grimes, who claims his UK‑registered company, also named McElhinney Fashions Limited, is the sole owner and operator of the store, argues he has possession and seeks injunctions against the bank and Forrest. The judge set the matter back to Thursday next week to allow motions from the receiver and Dr Grimes. The case remains pending.
An unemployed plumber, Derek McCann, 51, pleaded guilty to assaulting Glen Riordan, 35, in a pub on 10 September 2011. McCann, who had moved from Millbrook Road to a caravan park, struck Riordan with a broken glass and then with his fists, causing a facial wound that required ten stitches and a 2‑cm hairline scar. Riordan said the attack strained his relationship with McCann's ex‑wife and made him lose confidence, staying home more. McCann, who had been drinking heavily that night and had no memory of the assault, had lost his plumbing job and was taking medication for stress after his marriage ended in 2008. He offered to sell his car to cover Riordan's €900 financial loss. Judge Melanie Greally adjourned sentencing to next April to allow Probation Services to assess suitability for community service.
In a 2016 High Court decision, Mr Justice Paul Gilligan dismissed Mr Stephen Tennant's application to impose five‑year restriction orders on Andiamo Properties directors Seamus Ross and Michael Keogh. Tennant, acting as liquidator, alleged the directors had acted irresponsibly over a €2.9 million VAT claim. The judge found no circumstances justifying the orders, noting the directors had acted responsibly and honestly. Ross and Keogh had served as directors from 2001 until liquidation in 2013, and the company had not traded for four years before its liquidation. The VAT liability stemmed from land deals treated as exempt; the assessment was upheld in 2010 and the company's appeal was dismissed in 2012. Tennant claimed dividends paid in 2007 and 2009 had stripped the company of assets needed to satisfy Revenue. The directors maintained they had relied on professional advice and believed the VAT dispute would be resolved in their favour.
In 2016 the Supreme Court considered whether a single incident of misconduct by an arbitrator could justify the parties losing confidence in him. The case involved Fayleigh and Plazaway, who had a ten‑year hotel‑management contract that included a clause allowing Fayleigh to terminate the contract for a one‑year fee. In 2008 Plazaway stopped providing management services but continued with shared services, leading to a dispute over the timing and nature of the termination. The contract provided for arbitration, and hearings began in 2011. During the third day of hearings, Fayleigh sought to submit 17 volumes of discovered documents; Plazaway objected and the arbitrator, concerned about cost, decided to read the volumes later. In 2013 the arbitrator delivered a determination in favour of Plazaway for €476,000 without having read the documents, which Fayleigh challenged as misconduct. The High Court found misconduct, set aside part of the award and returned the dispute to the arbitrator.
In a High Court hearing on 21 December 2015, Mr Justice Richard Humphreys recommended that the Child and Family Agency allow a young couple to spend Christmas Day with their newborn baby who is currently in care. The couple, who are not Irish and had recently moved to the country, had their infant taken into care by Tusla after information was passed from social services in their home country. They argue that the interim care orders issued by the District Court breach their rights and seek to have them quashed. Mr Justice Humphreys granted the couple permission to bring judicial review proceedings against Tusla on an ex‑parte basis. He made a non‑binding recommendation that the agency facilitate a visit so the couple could be with their child on Christmas Day, and urged them to obtain legal representation. The matter is scheduled to return before the High Court in January.
In a High Court ruling on 18 December 2015, the liquidator of the closed Dublin‑based Irish Business School (IBS) obtained orders to examine three men—Fakir Hossain, Golam Shohan, and Mehedi Hasan—about the school's affairs. The liquidator, Declan De Lacy, argued that the men were suspected of holding company records and that the school's books and bank statements were missing. Hossain, owner of Irish Education Business and Research Ltd, denied any management role; Shohan, a part‑time bookkeeper, and Hasan, a marketing manager, also denied involvement. The court found the orders necessary for the winding‑up, noting that the men could provide information on the trade, dealings and affairs of IBS. The judge scheduled a further hearing for January to allow both sides to consider the judgment. The decision was made by Mr Justice David Keane.
Roy Keane brought a legal action against Paddy Power over a billboard that used his image as William Wallace in a mock‑up of the film 'Braveheart'. The billboard, displayed on a 40‑ft truck around Dublin before the Ireland‑Scotland Euro 2016 qualifier, featured a line from the film and a crude reference to the 2014 Scottish Independence Referendum. Keane claimed the use of his likeness without consent breached his constitutional rights and misrepresented him, arguing the advert implied a connection between him and the bookmaker. The case was pending before the Commercial Court of the High Court. Mr Justice Brian McGovern announced that the dispute had been resolved to the satisfaction of both parties and could be struck out, with the settlement terms remaining confidential. No further details were disclosed.
During a ceremony at the Four Courts on 18 December 2015, Attorney General Máire Whelan urged a review of Ireland's defamation laws to better protect court reporters. She said that court reporters perform an "important public service" by delivering court proceedings to the public, a duty enshrined in Article 34.1 of the Constitution. Whelan warned that a simple oversight, omission or error in reporting could expose reporters to litigation or damage claims, threatening their livelihood. She called for a legal provision that would make a court‑reporting statement actionable in defamation only if malice could be proven, and suggested that plaintiffs seeking to sue over such reports should first obtain leave of the courts and demonstrate bad faith in sworn documents. The remarks were made in tribute to the retiring High Court judge, Mr Justice Nicholas Kearns, who had supported reporters and journalists throughout his career.
In a High Court case, Irish shareholders of the Heatons retail chain—Katipo Ltd, Mark Heaton, Hugh Heaton, and John O'Neill—have sought to enforce an agreement with Sports Direct International Plc (SDI) regarding the sale of shares in Warrnambol, the company that operates the Heatons and Sports World stores. The shareholders claim SDI, which holds the remaining 50% of Warrnambol, failed to provide a certificate from the company's auditors confirming that Section 980 of the 1997 Taxes Consolidation Act did not apply, a condition agreed as part of the €48 million purchase. They are requesting an injunction to compel SDI to pay the full purchase price without any deduction for Capital Gains Tax. SDI opposes the injunction. The parties have agreed on how the matter will proceed, with the full hearing scheduled for early March, after a brief hearing of the injunction application. The case remains pending at the High Court.
In a High Court case, a hospital sought an injunction to compel a male patient with a serious medical condition to leave the facility after his treatment programme had ended. The hospital argued that the patient had refused to leave and that arrangements had failed to secure his transfer to another medical centre. The court, hearing the application ex‑parte, struck out the proceedings. It was reported that the patient had reached an agreement with the hospital and was ready to depart. The judge also ordered that neither the patient nor the hospital be named in media reports. The hospital maintained that it had exhausted all options and that the patient's treatment was complete, citing a long waiting list for beds at the facility. The case was scheduled before Mr Justice Paul Gilligan but was dismissed before a hearing.
In a 2015 High Court ruling, Mr Justice Raymond Fullam declared a 2‑litre VW Golf bought in 2014 for €17,000 and €6,000 in a Dundrum Credit Union account belonging to Thomas Connors to be proceeds of crime. Connors, a married man in his mid‑thirties, had purchased the car under a fictitious name and only sought to register it in his own name after Gardai seized it. CAB presented evidence that Connors was involved in multiple burglaries across South Dublin, Kildare and Meath, and that he had not worked between 2001 and 2013, receiving social welfare. A financial expert noted that €279,000 had been deposited into several of Connors' accounts between 2000 and 2015, mainly in 2008 and 2009, and could not be explained. Connors did not appear in court or submit a defence.
In a High Court hearing on 14 December 2015, the court considered the case of a car seized by the Criminal Assets Bureau (CAB) from the property of 23‑year‑old Michael Wall, an unemployed father of two. The vehicle, valued at €13,000, was taken from Mr Wall's mother's house on 16 September 2014 and stored at a CAB compound in Blanchardstown. Two days after the car was secured, CAB officers discovered it had been stolen. The Gardai subsequently recovered the vehicle a few days later, and it has since been repaired at a cost of €1,500 and is now stored at a secure location. Mr Justice Raymond Fullam, hearing the case, was satisfied that the car was the proceeds of crime and made an order under the 1996 Proceeds of Crime Act, appointing a receiver over the car.
In a case heard at the Dublin Circuit Criminal Court, Karen Smith, a 29‑year‑old former Ulster Bank cashier from Ratoath, was sentenced to a three‑year suspended term for stealing €14,160 from an elderly woman's inactive bank account. Smith withdrew the money two weeks after the woman's death and had forged a bank document to facilitate the theft. She pleaded guilty to both theft and forgery. Smith had no prior convictions and had a seven‑year unblemished record at the bank before being dismissed. Garda Brendan O'Horan testified that Smith had been threatened by a loan shark who pressured her to repay a debt, and that she feared for her safety. Smith admitted the offence, apologized, and expressed remorse. The judge noted the offence was "odious" but accepted her remorse, and acknowledged that Ulster Bank had compensated the estate but suffered reputational damage.
During a family law sitting at Temple Bar on Friday, Judge Miriam Walsh was attacked near lunchtime. A man was arrested by gardai who intervened. Security systems were operational. Walsh was taken to hospital but her injuries are not believed to be serious, and she has since been discharged.
In a High Court hearing, Jeremiah Healy SC represented LS Catering, a company linked to Lorraine Sweeney, and alleged that OCS Operations, the former operators of Clerys, ran a payment system that effectively functioned as a Ponzi scheme. Healy argued that all sales receipts, including those of concession holders, were deposited into a single bank account and that OCS used the proceeds from concession sales for its own purposes, paying concession holders only from the previous month's sales. The court considered that OCS had been losing money and lacked sufficient funds to meet its obligations, with an estimated €1.4 million owed to 50 concession holders. Judge Donald Binchy granted directions to release €654,000 to concession holders for the period 4–12 June, while the status of May sales remained unresolved. LS Catering was also permitted to sue OCS for breach of trust.
In a High Court hearing on 10 December 2015, a male patient who has been in a hospital treatment programme for several months refused to leave the facility. The hospital applied for an injunction to compel the patient to move to another hospital. Mr Justice Paul Gilligan granted the hospital lawyers permission to serve short‑notice injunction proceedings on the patient, but the application was made ex‑parte. The judge also ordered that neither the patient nor the hospital be named in media reports. He said the court would review the order when the matter returned on Monday with the patient or his legal representatives present. The hospital's counsel, Simon Mills Bl, argued that the patient had not honoured a prior contract that required him to leave after completing his treatment programme, and that the patient's refusal to move had caused a backlog of patients awaiting beds. The Gardai were called but the patient remained in the hospital.
A dispute over a Wedgwood fruit bowl, previously described as part of a Queen Victoria‑commissioned dinner service, has been remitted from the High Court to the Circuit Court because it is unclear whether money was ever paid for the item. The bowl was bought by Mary Elsie Carroll in the post‑war years in England and later sold by her brother, Michael Carroll, for an alleged £100,000. Marie Ryan, the executrix of Carroll's estate, has sought orders to restrain any dissipation of proceeds from the sale. Both parties consented to the case being heard in the Circuit Court, and Mr Justice Paul Gilligan remitted the matter to the Midland Circuit Court, noting that all parties are from Athlone. The case now proceeds in the Circuit Court, with the question of payment remaining unresolved.
In a High Court hearing set for December 15, Fine Gael TD John Perry challenges the party's handling of the October 16 selection convention for the Sligo‑Leitrim constituency. Perry, who was not chosen to stand, seeks orders against Fine Gael trustees, alleging the convention's outcome was unlawful and fundamentally flawed. He claims serious irregularities, including members recorded as present and voting when they were absent, members whose votes were not recorded, and two previously unknown members added to the voting list. Perry also cites cases where members were recorded as voting despite not attending, and others who claimed to have voted but were not recorded. He argues the party failed to act because he did not lodge a complaint on the night to the returning officer. Fine Gael opposes the application, and both sides have agreed to a pre‑trial exchange of expert evidence summaries to expedite the hearing.
In a High Court hearing, developer Thomas McFeely, aged 67, was accused by Official Assignee Chris Lehane of refusing to provide basic information required under his bankruptcy proceedings, including his actual residence and details of significant assets. Lehane sought to extend McFeely's bankruptcy period by five years, the maximum allowed, citing McFeely's alleged "non‑co‑operation of the most serious kind" and failure to disclose assets such as apartments in Clondalkin and the Old Saw Mills in Dublin. McFeely's counsel, Vincent P. Martin, argued that the requested extension would be oppressive and disproportionate, noting that McFeely had not been found to have stolen from the estate. The case was adjourned to a January hearing for further submissions from both parties. The judge, Ms Justice Caroline Costello, had not yet ruled on the application. The proceedings remain ongoing.
The High Court granted orders to remove fraudulent filings made with the Companies Registration Office concerning Crean Solutions Ltd, trading as MicksGarage.com. The filings, lodged in early November without the company's consent, listed a 'Jason Carville' as a director, omitted an existing director, and changed the registered address. The company's counsel, Stephen Dowling, told Justice Paul Gilligan that the signatures on the documents were forged and that the filings were an attempt by an unknown party to impersonate the company. The company also received invoices for goods it did not purchase, including one for £22,000. Gardai investigated and found the address listed in the filings was a vacant property and that Jason Carville does not exist. Justice Gilligan ordered the CRO to delete the filings and warned that if the filers are identified, the company could seek an order for their legal costs.
The parents of an early-teen boy with autism have initiated High Court proceedings against the Minister for Transport, the National Council for Special Education, and the School Transport Appeals Board. The family challenges a decision disallowing their application for free school transport under the Special Transport Scheme for Children with Special Education Needs Arising from a Diagnosed Disability. They argue the boy attends the nearest school capable of meeting his specific educational needs, a position supported by a Senior Clinical Psychologist with the HSE and the school principal. The application and subsequent appeal were refused last October on the basis that the school was not the geographically nearest, and the family was offered concessionary transport costing €350 per year. The parents contend the respondent's interpretation of the scheme is incorrect and contrary to law, seeking an order quashing the refusal and declarations that eligibility requires individual consideration of a child's requirements rather than mere proximity. The parties cannot be identified for legal reasons. Mr Justice Richard Humphreys granted permission to bring the challenge on an ex-parte basis. The matter was adjourned and made returnable to a date in January.
The mother of an Irish‑born child with a genetic disorder has filed a High Court action against the Minister for Social Protection, challenging the Minister's refusal to pay child benefit on the grounds that she lacks a right to reside in Ireland. The mother, who is Nigerian, and her daughter are living in direct provision accommodation. The child requires ongoing medical treatment, and the mother receives €43 per week plus food and accommodation, making it difficult to meet the child's needs. The mother's father, a Nigerian‑born Irish citizen, occasionally visits and gives small sums of money. In her sworn statement, the mother expressed confusion over the child's treatment. Counsel argues that the child has a right to reside in Ireland and that the refusal contravenes EU law and the best interests of the child. The action seeks to quash the Minister's decision and declare the relevant provisions of the 2005 Social Welfare Consolidation Act unconstitutional.
John Leamy, a 51‑year‑old businessman from Aspen Lawn, Clonsilla, pleaded guilty in the Dublin Circuit Criminal Court to five counts of submitting incorrect VAT returns and two counts of failing to file annual tax returns for 2008 and 2009. He used 16 fake invoices to fraudulently claim €99,817.67 in VAT between January 2008 and February 2009. The fraud was uncovered after his accountant, Paschal Murphy, noticed an error in the VAT percentage on two invoices from Printscene, a supplier of Leamy's print brokerage company JT Digital Ltd. Murphy discovered that Printscene had never issued the invoices and reported the matter to the Revenue Commissioners. Leamy admitted to providing false information to his accountant during questioning in November 2012. He has no prior convictions, lives with a friend, does not work, and rarely leaves his room to avoid alcohol and gambling. The judge adjourned the case until the following day.
Crean Solutions Ltd, which operates the online car parts retailer MicksGarage.com, brought proceedings before the High Court alleging that fraudulent documents have been lodged with the Companies Registration Office by an unknown third party. The company, established in County Mayo twelve years ago and now based in Dublin, claimed the filings purported to appoint an unknown person as a director, remove an existing director, and alter the registered address. Counsel for the company told Mr Justice Paul Gilligan the filings appeared designed to misrepresent an unknown party as the legitimate company. The firm has also reported receiving an unsolicited invoice for goods it did not purchase. An investigation by An Garda Síochána is underway. The company sought High Court orders directing the Registrar of Companies to remove the filings. Mr Justice Gilligan granted liberty to serve short notice on the Registrar and adjourned the matter to later in December.
Environmental activist Peter Sweetman has successfully challenged Donegal County Council's decision to permit construction works at wind farm sites during April to July. Mr Justice Nicholas Kearns quashed the council's December 2014 decision at the High Court on Tuesday, ruling in favour of Mr Sweetman's application. The decision concerned proposed extensions at Meenadeen and Croaghnameal wind farm sites. Mr Sweetman argued the council lacked jurisdiction to amend conditions originally imposed by An Bord Pleanála in 2006, which restricted summer construction to protect natural and visual amenities. He contended the council failed to provide reasons for its decision and did not carry out required environmental impact assessments before granting permission. Windgeneration Ireland Ltd, which had sought the permission to conduct summer works, was a notice party to proceedings. The council consented to the order being made.
The family of an infant who died two days after birth at Cavan General Hospital have settled their action against the HSE for €70,000 in the High Court. Francis Flynn and Fiona Watters, from Navan in Co Meath, had sued the health service for mental distress and shock following the death of their son Jamie in November 2012. The infant was delivered by caesarian section but presented with no heartbeat or breath reflex upon delivery. Despite resuscitation efforts and transfer to intensive care at the Rotunda Hospital in Dublin, Jamie died two days later. The HSE admitted liability in July 2014. Mr Justice Richard Humphreys approved the settlement on Monday, directing that €5,000 of the award be paid into court for the benefit of the couple's daughter. An inquest into Jamie's death previously returned a verdict of medical misadventure.
Gerry Walshe, an electrician from Lisdeen, Co Clare, has sought leave from the Supreme Court to appeal the High Court's rejection of his latest challenge to the same‑sex marriage referendum result. Walshe had previously applied for a judicial review of the returning officer's decision to issue the final referendum certificate, arguing that the certificate was signed while he still had time to appeal to the Supreme Court. The High Court, presided over by Ms Justice Margaret Heneghan, dismissed his application on 23 September. Walshe then appeared before the judge to request copies of the digital audio recording and transcript of the case, claiming the Supreme Court requires either a written judgment or these documents to consider his appeal. The judge granted the order for the recording and transcript, noting no written judgment existed, and required Walshe to undertake payment for the transcript, estimated at €280, but made no cost order.
Five nursing staff members at Aras Attracta residential unit in Swinford, County Mayo, have initiated High Court proceedings challenging an investigation and disciplinary process conducted by the Health Services Executive. The staff members contend that the investigation, which followed a 2014 RTÉ Prime Time Investigates broadcast concerning allegations of abuse at the HSE-run facility, is procedurally flawed and breaches fair procedures. They argue the inquiry commenced before any complaints against them were formally upheld under the HSE's Trust in Care Policy, and that the investigation panel was not agreed upon by all parties beforehand. The applicants fear the investigation outcomes have been predetermined. They seek injunctions to prevent their dismissal and to halt the investigation unless complaints are properly upheld, along with declarations that the process breaches HSE policy and is null. They also demand that any disciplinary procedure comply with their contractual rights and principles of natural justice. Mr Justice Paul Gilligan granted permission to serve short notice on the HSE on an ex-parte basis and adjourned the matter for one week.
In a High Court decision on 24 November 2015, Mr Owen Traynor, a 72‑year‑old former Guinness employee, was allowed to proceed with a claim against Guinness UDV Ireland over alleged breaches of verbal assurances regarding his redundancy package and pension. Traynor, who had worked for Guinness for 35 years and accepted voluntary redundancy in 2002, contended that a letter received weeks later contradicted the assurances he had been given. Guinness denied the allegations and filed a full defence. The court noted that solicitors were engaged in 2003, a statement of claim was served in 2007, and a notice of trial in 2012. Guinness sought to strike the action on the grounds of delay, claiming an inexcusable and inordinate delay that breached Article 6 of the European Convention on Human Rights. Judge Max Barrett, after applying the relevant legal tests, concluded that the delay could not be characterised as inordinate or inexcusable.
The Commercial Court heard that the occupation of Ballyburn House in Castledermot, Co Kildare, by Philip Morrissey Jnr and his pregnant wife is delaying a proposed €5.6m sale by AIB-appointed receivers. AIB seeks to sell the property to reduce a €26.9m debt owed by Dan Morrissey (Ireland) Ltd, the company allegedly owning the house. The bank and receivers dispute Mr Morrissey's claim of an ownership interest, asserting the property was security for a 2009 loan. They seek orders for vacant possession and a declaration that Mr Morrissey has no legal or equitable interest. Mr Morrissey, representing himself, opposed the application for fast-track admission, citing his unemployment and his wife's pregnancy, and requested an adjournment pending a Legal Aid Board decision. Mr Justice Brian McGovern admitted the case to the fast-track list, noting it met the necessary criteria. The judge acknowledged the Legal Aid Board's indication that a decision would take at least four months but stated that a long adjournment would be unfair to AIB, given the risk to the sale. He balanced the parties' rights, ruling that the matter must proceed. The case was adjourned to a date in December.