The Commercial Court heard a dispute over the proposed redevelopment of The Square shopping centre in Tallaght. Square Management Ltd (SML), National Asset Property Management Ltd (NAPML) and Indego brought an action against Dunnes Stores Dublin Company. The parties contend that Dunnes, which has operated a store there under a lease from the early 1990s, refused to acknowledge a notice from SML that common areas, including car‑parking spaces, would be altered during the planned €30m phased redevelopment. Dunnes has replied that the notice had no legal effect and that it was not obliged to comply with any timelines. The plaintiffs seek declarations that Dunnes has no estate interest or right to use the lands beyond the lease, and injunctions to restrain Dunnes from asserting any rights beyond those in the lease. Dunnes is expected to file a defence and counterclaim, and the case has been admitted to the fast‑track Commercial Court list for a hearing early next year.
In a High Court hearing on 20 November 2015, Persona Digital Telephony and Sigma Wireless Networks sought permission to bring a claim against Denis O'Brien, Michael Lowry and the Irish State using funds from the British litigation funder Harbour Litigation Funding. The claim alleges that O'Brien's Esat Digifone consortium secured a 1996 mobile phone licence by bribing then‑Minister for Communications Michael Lowry, a claim denied by O'Brien. The court was asked to allow third‑party funding, which is prohibited in Ireland under champerty law. Paul O'Higgins SC, representing O'Brien, argued that permitting such funding would breach the law and that the constitutional right to access courts does not override champerty statutes. Niall Buckley BL, for Lowry, warned that third‑party funding could undermine court cost controls. Judge Aileen Donnelly did not set a decision date, stating she would reserve judgment.
A family‑run jeweller, Des Byrne Jewellers, closed its Dublin shop after a dispute with Danske Bank over a 2006 loan. The Byrnes, who owned the premises at 26 Bachelors Walk, claimed the bank's receivers sold the property for €502,000, about 55% of its market value, and that the bank was seeking judgment for €489,000 still owed. The Byrnes argued the loan terms were misrepresented by the bank's relationship manager and that they had consented to sell the property to discharge the debt. The case was heard by the Master of the High Court, Mr Edmund Honohan, who scheduled a hearing before a High Court judge for the following year. The business closed its doors on the evening of the hearing, citing the legal dispute as the reason for its final shutdown.
A dispute over Shane Long's transfer from Reading FC to West Bromwich Albion has been brought before the High Court by Mr Alan O'Mahony. O'Mahony claims he acquired a 10% interest in Long's earlier 2005 transfer from Cork City FC to Reading FC, which should entitle him to a share of the £5.1 million fee paid by West Bromwich Albion in 2011. He alleges that the liquidator of Cork City Investments, Mr Carl Dillon, sold the benefit of Long's contract to Reading FC in 2010, thereby depriving him of the contractual benefit. O'Mahony seeks damages for alleged negligence, breach of duty and breach of contract, and requests declarations that he is entitled to the benefit and that the sale to Reading is void. The case is ongoing; a pre‑trial motion was adjourned to allow document exchange. The action does not involve Shane Long, who is currently playing for Southampton FC.
In a High Court hearing on 19 November 2015, Ms Justice Aileen Donnelly considered whether Harbour Litigation Funding, an English company, could finance Persona Digital Telephony and Sigma Wireless Networks in a claim against Denis O'Brien, Michael Lowry and the Irish State. Harbour would receive a share of any proceeds if Persona succeeded. Persona alleged that O'Brien's Esat Digifone consortium secured a 1996 mobile‑phone licence by bribing then‑Minister Michael Lowry, a claim denied by Lowry. The case was brought against Lowry and the State, with O'Brien joined last year. The court was asked to decide if the funding arrangement contravened the ancient champerty law, retained in Irish statute since 2007. Michael Collins SC argued the law was obsolete, while John O'Donnell SC, on behalf of the State, maintained that the law remains valid, was deliberately preserved, and that any reinterpretation would breach separation of powers. O'Donnell also warned that Harbour's role could unduly influence settlement decisions.
In a High Court hearing on 18 November 2015, Justice Aileen Donnelly considered an application for approval of a third‑party funding agreement in a claim against Denis O'Brien, Michael Lowry and the Irish State. The claim alleges that Esat Digifone, O'Brien's consortium, won the 1996 mobile‑phone licence competition by bribing Minister Michael Lowry, a claim denied by O'Brien. The funding comes from the British company Persona Digital Telephony, which is financed by Harbour Litigation Funding. The case is the first time the issue of third‑party funding has been brought directly before Irish courts. The parties argue that the champerty law, dating from the 1600s, is outdated and that the Constitution guarantees access to the courts. Mr Collins, acting for Persona, urged the court to reinterpret champerty under contemporary public policy, while the State has criticised the funding arrangement. The matter was scheduled to continue the following day.
The High Court heard a claim that Denis O'Brien's Esat Digifone consortium won a 1996 mobile phone licence by bribing Minister Michael Lowry. The claim is funded by Persona Digital Telephony, Sigma Wireless Networks and Harbour Litigation Funding. The State argues the funding arrangement breaches champerty law, which forbids unrelated third parties from financing litigation to profit from a win. Mr Michael Collins SC, representing Persona, said champerty is a medieval rule that no longer applies and that the funding does not undermine judicial integrity. The plaintiffs seek damages for alleged misfeasance in public office, breach of duty, contract, legitimate expectations, constitutional rights, EU law and a declaration that the 1996 Regulations contravene EU law. The case is before Ms Justice Aileen Donnelly tomorrow.
In a High Court hearing on 17 November 2015, Justice Aileen Donnelly considered a letter sent to her by a US inmate warning about conditions for mentally‑ill prisoners. The letter was introduced in the case of Eric Eoin Marques, a 30‑year‑old Dublin resident alleged by the FBI to run the anonymous hosting site Freedom Hosting and charged with conspiring to distribute and advertise child pornography. Donnelly ruled the letter irrelevant, allowing counsel to submit arguments, and the prosecution and defence agreed with that decision.
Ulster Bank secured a temporary freezing order against Mr Haris Shaikh, who had previously lived in Clonsilla, Dublin, after an accidental €250,000 deposit was made into his mortgage account by a third party. The bank claims Shaikh owes it just over €250,000 from a mortgage he had taken out in 2005 for a property at Lime Lawn Glade, Clonsilla. In 2014 Shaikh decided to sell the property, and the bank believed the mortgage balance had been reduced to €57,000 after the accidental deposit, which it thought had been paid off when the property sold for about €325,000. The remaining sale proceeds were lodged in Shaikh's solicitor's client account, and the bank considered the mortgage redeemed. The High Court granted a Mareva injunction, preventing Shaikh, his agents or anyone acting on his behalf from dissipating, reducing or removing from the State any funds or assets below €251,000.
Tony Kelly, a 50‑year‑old former restaurant manager, was found guilty of stealing €6,900 from La Maison restaurant in Castle Market, Dublin, after a dispute with the owner. He accessed the restaurant safe on a day off, took the money, and called the owner to say he would never see him again. Kelly pleaded guilty at Dublin Circuit Criminal Court on 15 December 2014. He had no prior convictions and had previously owned a restaurant in Limerick from 2000 to 2005. The court noted he was on prescribed medication and under considerable stress from long work hours. Detective Garda Sarah Barry reported that Kelly had met with Gardaí a few weeks later, claiming the money was owed to him, a claim the owner denied. The judge accepted the dispute, acknowledged Kelly's impaired thinking, and ordered a one‑year suspended sentence with a requirement to repay the stolen amount.
A woman from Claremorris, County Mayo, has settled her High Court action against her former employer and an insurance company over disputed income protection payments. Rose Prendergast ceased work at Baxter Healthcare's Castlebar facility in 2002 following a diagnosis of Fibromyalgia, a condition causing chronic widespread pain. Her employment was terminated by mutual agreement in 2008. She subsequently applied for benefits under a group income protection plan underwritten by Irish Life Insurance, but her claim was refused. Mrs Prendergast pursued legal proceedings seeking specific performance of the income protection plan, damages for breach of contract, and damages for alleged misrepresentation. Both defendants denied the claims. The settlement was reached on the third day of the High Court hearing before Mr Justice Donald Binchy. Terms of the settlement remain confidential and were not disclosed in open court.
A woman has initiated High Court proceedings against Baxter Healthcare and Irish Life Insurance over the alleged refusal to pay benefits under a group income protection scheme. Rose Prendergast ceased employment at Baxter's Castlebar facility in 2002 following the onset of serious health difficulties, including fibromyalgia characterised by chronic widespread pain affecting her legs, back and neck. Her employment was formally terminated in 2008 by mutual agreement. She subsequently claimed benefits under the income protection plan underwritten by Irish Life but alleges her application was wrongfully rejected. Mrs Prendergast, from Claremorris, County Mayo, seeks specific performance of the scheme and damages for breach of contract and misrepresentation. Both defendants deny the claims. Baxter contends it processed the application appropriately and that the refusal decision rested solely with the insurer. Irish Life disputes allegations of negligence. The case continues before Mr Justice Donald Binchy.
Garda Brian Canavan, stationed at Pearse Street Garda Station, was suspended from duty on 23 May 2014 after he had told a Garda Inspector he intended to file a grievance against two superior officers. The suspension followed allegations that he failed to prosecute cases in 2012 and 2013 and that he had not properly recorded items, illegal drugs or a drink‑driving matter. Canavan, represented by Mark Harty SC, has brought High Court proceedings to halt an internal investigation into alleged breaches of Garda discipline and to challenge the suspension. He claims he has not been given clear reasons for the suspension, which has been renewed every few months, and that the investigation was delayed and poorly managed. Canavan seeks orders preventing further disciplinary action, declarations that the investigation is inordinate and inexcusable, and that the allegations lack a proper basis. The case was granted ex‑parte permission and is set for a return date in January.
John McDonagh, 36, a married father of three from St. Louises Park, Temple Hill, Blackrock, pleaded guilty in the Dublin Circuit Criminal Court to threatening to kill or seriously harm Garda Donacha Ryan during a search at his halting site on 4 December 2014. He had eleven prior convictions. Judge Desmond Hogan, after hearing evidence in July 2015, adjourned sentencing to allow a probation report. On 6 November 2015, Hogan imposed a four‑year sentence, suspended on conditions including 240 hours of unpaid community work and completion of drug or alcohol treatment programmes as directed by the Probation Service. The court noted that McDonagh had threatened Garda Ryan with petrol and a knife, and had also made threats to other Gardaí. The judge described the area as "an almost no‑go area for Gardaí.".
The Special Criminal Court in Dublin heard legal arguments today in the non-jury trial of Thomas Murphy, a 66-year-old resident of Ballybinaby, Hackballscross, Co Louth. The defendant, a prominent republican, has pleaded not guilty to nine charges alleging that he failed to furnish a return of his income, profits, or gains, or the source of such income, to the Collector General or the Inspector of Taxes for the years 1996/97 to 2004. The prosecution, acting on an investigation by the Criminal Assets Bureau, alleges that although Mr Murphy conducted significant dealings in cattle and land and received farming grants from the Department of Agriculture, he failed to make any returns to revenue. The court is currently at the hearing or decision stage, with the matter not yet concluded. The trial is scheduled to resume on Tuesday.
In November 2015 the Supreme Court overturned a 2013 High Court ruling that had allowed the Industrial Development Authority (IDA) to compulsorily acquire 72 acres of Thomas Reid's farm and family home in Blakestown, Co. Kildare. Reid, aged 53, had sued the IDA and the State, arguing that the compulsory purchase order (CPO) issued on 14 November 2012 was beyond the powers granted to the IDA under section 16 of the 1986 Industrial Development Act. The Supreme Court, in a unanimous decision by five judges, held that the IDA had no authority to acquire land not immediately required for industrial use and that the CPO was ultra vires. The Court also found the IDA's decision to be objectively biased, as the IDA alone made the decision from start to finish. The ruling quashed the CPO and set aside the IDA's decision to acquire the land. All remaining matters, including costs, will be dealt with later.
Michael Fingleton, former chief executive of Irish Nationwide Building Society (INBS), has filed a High Court action to stop the Central Bank from launching an inquiry into alleged regulatory breaches at the institution. The inquiry, set to begin in February 2016, would examine claims that INBS and its management contravened regulations between August 2004 and September 2008, with the potential to fine individuals up to €500,000. Fingleton argues the inquiry is disproportionate, oppressive, and violates his right to a fair hearing, citing his retirement in 2010 and the delay in the Central Bank's initiation. He seeks orders and declarations from the court and contends the inquiry should not proceed until related Commercial Court proceedings are concluded. The Central Bank opposes the application and maintains that the inquiry should proceed. The case is before Mr Justice Seamus Noonan and is expected to last several days.
In November 2015, the High Court adjourned proceedings involving U2 bassist Adam Clayton and former accountant Gaby Smyth. Clayton, who relied on Smyth for accounting and investment advice from 2001 to 2010, claims Smyth negligently advised him into high‑risk investments, resulting in losses exceeding €10 million. Smyth denies acting as Clayton's financial adviser, stating she was only his personal accountant and tax agent, and that his former assistant prepared his financial reports. Clayton's first case, opened in 2011, alleges €4.2 million in losses from two funds—€1.2 million in the Friends First Orion fund and €3 million in the Friends First Crystal fund—due to Smyth's failure to disclose a conflict of interest and a third‑party benefit. The second case, opened in 2013, seeks damages for €5.37 million in losses from a Romanian investment, €1.05 million from a 2008 Belgian investment, and €270,000 from a pharmaceutical company investment.
In a High Court case, Ms Y, an asylum seeker who arrived in Ireland in early 2014 and whose pregnancy was discovered after she had been raped and felt suicidal, sought to halt an HSE inquiry into the care she received. She had been forced to have a caesarean section and her child was placed in state care. Ms Y's lawyers argued that the inquiry breached her rights to fair procedures and constitutional justice, and that a draft report had been leaked to the media. The High Court, after talks between the parties, struck the case out with no further order. The HSE agreed not to publish or circulate the draft report, and Ms Y's representatives said the matter was effectively resolved, allowing her to pursue damages. The inquiry had been paused pending the outcome of the action.
In the Commercial Court, an application by Gayle Dunne and Dunne's Irish was adjourned before Ms Justice Caroline Costello, with proceedings set to resume later next month. Chris Lehane, the official administering the Irish bankruptcy of Sean Dunne, brought the action alleging invalid transfers of assets to Mrs. Dunne. These alleged transfers include the Lagoon Beach Hotel in South Africa, valued at over €18m, and interests in properties in Dublin and County Wicklow. Mr. Lehane claims the 2005 and 2008 agreements have no legal status. Mrs. Dunne, who resides in Greenwich, Connecticut, seeks to have the Irish proceedings discontinued, arguing they are oppressive and that the transfers are already subject to more advanced US bankruptcy proceedings. She requested permission to cross-examine Milton Berger, the lawyer for US Bankruptcy Trustee Richard Coan, who provided sworn statements on US law. Counsel for Mrs. Dunne, Mr. Alan Doherty SC, submitted that the US courts are better placed to determine the matter given the number of affected parties. The application was opposed by Mr. Lehane's representatives. The court heard that Mrs. Dunne claims the transfers were compensation for starting a family and her career sacrifices. The matter remains pending and was not concluded at this hearing.
John Hennessy, 50, of Dalkey, was intoxicated when he entered his local Garda station and attempted to open a flare in a plastic bag, threatening to "let it off." He had previously pleaded guilty in 2012 to possession of an explosive device at the same station. After the incident, Garda officers tried to arrest him; a struggle ensued and pepper spray was used. Hennessy, a full‑time carer for his mother, had no further Garda attention since the flare incident. Judge Patricia Ryan imposed a six‑month supervision bond, ordering Hennessy to attend the Probation Service during that period. The case was adjourned to April 15. No further charges or outcomes were reported in the article.
In a High Court hearing on 22 October 2015, Mr Justice Max Barrett dismissed parts of a judicial review action brought by Killarney Jaunting Cars Ltd against Kerry County Council. The company had sought new or re‑issued licences for horse‑drawn carriages, claiming the council had failed to issue or renew licences and had acted unlawfully. The council argued that only 37 licences could be accommodated due to traffic constraints. The judge found no evidence of a breach of natural or constitutional justice and noted that the company did not hold any current licences, though it had previously held eight. He declined to decide on whether expired licences had automatically reverted to the council, stating he could address that if the court was asked in the future. He urged jarvey operators to obtain current licences and suggested the council consider future licence numbers in light of a pending traffic study. The matter was adjourned to November for further consideration.
At the High Court in Dublin, an investment fund has secured a judgment of €47 million against property developers Michael and Kevin Corbett for unpaid loans, with an additional €10 million ordered against Michael Corbett alone. LSREF III Achill Investments Ltd, which acquired the loan facilities from Ulster Bank, sought summary judgment in the Commercial Court following the Corbetts' failure to repay monies advanced in 2010 and 2011. The loans, which were repayable on demand, financed various property developments across Cork including office buildings, student accommodation, and commercial premises. Mr Justice Max Barrett granted judgment, noting that whilst he sympathised with the developers' circumstances, the law provided no basis to defer the case to a full hearing. The judge used the ruling to highlight the vulnerability of a category of borrowers who fall outside consumer credit protections, describing them as occupying a middle ground between consumers and commercial actors. He emphasised that courts must remain vigilant against unconscionable bargains but found no such concerns in this matter.
In a High Court hearing on 20 October 2015, the owners of a former guesthouse on Parnell Street in Dublin City Centre sought an injunction to remove squatters who had taken over the premises and were operating a cafe and social club called the Barricade Inn. The property, comprising part of No. 76 and all of Nos. 77 and 78, had been vacant since the death of former owner Ms Ellen McGuill in 2002. Lawyers for the executrix of Ms McGuill's estate and for Vandelure Ltd, the freehold holder, argued that the building was "extremely dangerous" and unsafe for occupation, citing unknown electricity supply and possible unauthorized works. They requested that the court restrain all occupiers from trespassing, cease interference, hand over vacant possession, and remove all items from the premises.
The owners of Kennedy's pub in Dublin's Westland Row, Trinity Taverns Ltd, have brought a legal action to challenge a sale of the licensed premises that the receiver, Mr Sean McNamara, and Vesta Mortgages Ltd claim has been agreed. The Commercial Court heard that the receiver was appointed in May after Trinity Taverns allegedly failed to repay €2.4 million borrowed from EBS building society, later acquired by Vesta. A buyer was found in late September, but Trinity Taverns has registered a lis pendens and disputes the sale, arguing the receiver and lender's claims are vexatious. The court, presided by Mr Justice Brian McGovern, admitted the case to the fast‑track Commercial Court list and directed the receiver's counsel to serve a statement of claim within a week. The matter was adjourned to mid‑November. The case remains in the early stages of dispute over the sale of the pub.
Damages actions involving almost 300 investors who invested in property funds promoted by Allied Irish Bank have been admitted to the fast‑track Commercial Court list. The investors are seeking damages for alleged negligence, breach of contract, breach of fiduciary duty, negligent mismanagement and misrepresentation by AIB and other parties over the operation of several investment funds in relation to commercial property in the UK known as the Belfry funds. The court heard that individuals invested anything between €50,000 and €200,000 in the funds between 2002 and 2006. The investors actions are against various parties including Allied Irish Banks Plc, five companies known as Belfry Properties Plc, and their directors, including property investor Tony Kilduff and former head of AIB private banking John Rockett. The action is also against other related companies including Tullamona Ltd, Leyally Ltd, Monsal Ltd, and Essex Trust Lt. The claims are denied.
The Supreme Court has reserved judgement on a challenge by former Senator Dan Kiely, who contested the 2014 Kerry County Council election as an independent and lost the last seat by two votes. Kiely argues that ballots marked with a 3‑4‑5 sequence, without a number 1 preference, should not be considered valid. He claims that the returning officer in the Listowel area was entitled to accept such ballots, citing a Memorandum of Guidance that allows acceptance of ballots with a clear sequence of preferences when multiple elections occur on the same day. Kiely's petition was dismissed by the Circuit Court, a decision he appealed. The Supreme Court, hearing the case before five judges, noted that the issue could affect election outcomes and has reserved its decision. The case involves the validity of ballots marked 3‑4‑5 and the right of voters to see spoiled ballots before recounts. The court's ruling remains pending.
In a dispute over the operation of Bellinter House Hotel in Co Meath, DCM Hotels Ltd sued the hotel's owners, Jay Bourke and John Reynolds, claiming a five‑year lease. The owners denied ever granting such a lease, asserting only a month‑to‑month agreement existed. On the fourth day of the hearing, Mr Justice Paul Gilligan announced the parties had reached a settlement. Under the agreement, DCM will relinquish vacant possession of the hotel by 8 January 2016. From that date, any new owner will assume responsibility for all bookings and staff; if no new owner emerges, the partnership will take on those duties. DCM will cease taking new bookings. The settlement was accepted by counsel for both sides, concluding the court action. The case was heard in 2015.
Four women who say they were forced to work without pay in a Magdalene Laundry have taken High Court action to overturn decisions that excluded them from the State's Magdalene Laundry Scheme, a compensation programme set up in 2013. The court heard that the women were admitted to An Grianan Institution, a separate facility on the same convent grounds, rather than to the St Mary's Refuge Magdalene Laundry. They argue that, while residents at An Grianan, they performed unpaid labour at the laundry each weekday and received little education, which harmed their lives. The women claim the exclusions are unreasonable, irrational and violate their constitutional rights to justice and fair procedures. Their applications were allowed to proceed, with a hearing scheduled for early December.
Abraham Turner, 47, of Cherry Grove, Walkinstown, pleaded guilty in Dublin Circuit Criminal Court to burglary of cash and gold at Hatton Goldsmiths, Citywest Shopping Centre, on 16 January 2014. CCTV footage showed him jumping over the stall counter, prying a locked press open with a screwdriver and removing €1,050 in cash, gold worth €2,156 and two cheques totalling €750. Turner initially denied involvement but later admitted the burglary, saying he used the proceeds to pay a €1,500 drug debt from his heroin addiction. He has 106 previous convictions, including a 1991 manslaughter sentence and a 2004 drug supply conviction. He has been waiting six weeks for a place at the Tiglin residential drug treatment centre. Judge Melanie Greally adjourned his sentencing to 16 December 2015 so he can secure a treatment place.
Mr Justice Michael White ruled that the environmental assessment for the Clonbullogue power station in Co Offaly was flawed. In proceedings brought by An Taisce, the National Trust for Ireland, the judge found that An Bord Pleanála misinterpreted the EU Environmental Impact Assessment (EIA) Directive by completely excluding indirect effects of peat extraction from designated bogs. The court declared that An Bord Pleanála is obliged to ensure the effectiveness of the EIA Directive by subjecting those environmental effects to an assessment before granting planning permission for the plant's continued operation. The action was opposed by the board and notice parties, including Edenderry Power Ltd, Bord na Mona Energy Ltd, Bord Na Mona Plc, the Minister for the Environment, and the State. Following his ruling, the judge adjourned the action for further orders arising from that finding. An Taisce had also sought an order quashing the planning permission decision. Separately, Mr Justice White dismissed related proceedings brought by Friends of the Irish Environment Ltd, which sought to quash the permission and declared that peat extraction effects were not properly assessed under the EU Habitats Directive. The judge dismissed this application because the applicant failed to provide expert evidence regarding the Habitats Directive. Notice parties in that separate action included Edenderry Power Ltd, Bord Na Mona, the Department of Arts Heritage and the Gaeltacht, the EPA, and An Taisce.
In a High Court hearing on 8 October 2015, Killarney Jaunting Cars Ltd sued the local council over its failure to issue or re‑issue jarvey licences. The company, which holds eight of the 37 licences issued by the council, argues that the council's inaction breaches its duties and acts unlawfully. It seeks an order that the council determine annually the number of licences for horse‑drawn hackney carriages and declarations that the council acted contrary to natural justice by not re‑issuing expired licences. The council, now under Kerry County Council, opposes the case, claiming that any order to issue fresh licences would run contrary to the common good. Counsel for the company, David Sutton SC, noted that applications made in 2012, 2013 and 2014 were met with silence, and that in 2015 the council decided not to issue any additional licences after the tourist season. The hearing before Mr Justice Max Barrett continues.
In a Dublin Circuit Criminal Court hearing, Shane O'Connor, aged 34, pleaded guilty to assaulting a prison officer while attempting to throw warm water at a fellow inmate. The incident occurred on 25 September 2013 at Mountjoy Prison when Officer Leon Maguire was refilling jugs of hot water for inmates. O'Connor rushed past Maguire, aiming to throw the water at prisoner Keith Hughes, with whom he had a prior disagreement. Maguire tried to restrain O'Connor and was struck on the forehead by the water jug, sustaining a laceration that required one stitch at Mater Hospital. O'Connor, who was serving a four‑year robbery sentence, had 29 prior convictions including assault, criminal damage, knife possession, robbery and theft. He was undergoing drug rehabilitation at Tiglin Centre and was complying with its conditions. The judge adjourned the case to January 2016 for a probation report.
Alina Onofrei, a 31‑year‑old Romanian mother of three, was sentenced to a suspended two and a half‑year term for fraudulently obtaining work and welfare benefits in Ireland. She had purchased a fake Lithuanian passport for €800 and used it to secure employment in a supermarket. Between August 2009 and September 2010 she claimed over €8,000 in maternity and illness benefits, presenting a doctor's letter with a false name. The court noted that she could not legally work in Ireland at the time because Romania was not yet an EU member. Onofrei pleaded guilty, had no prior convictions, and cooperated with Gardaí, expressing remorse. The judge suspended the entire sentence, citing her desperate need for employment and her husband's concurrent three‑year prison term for social welfare fraud. No further penalties were imposed beyond the suspended sentence.
Hansfield Investments Ltd sought an injunction in the High Court to compel TD Ruth Coppinger and other protesters to vacate a showhouse at Barnwell Lawn, Dublin 15, which they had occupied since the previous weekend. The developer, represented by Eoghan Cole BL, alleged the group was committing a trespass and had no right to occupy the property. Deputy Coppinger, who represented herself, stated the peaceful protest aimed to highlight the homelessness crisis and the lack of affordable housing. She noted that some protesters, including Amy Brennan, a mother of two, were staying in unsuitable emergency accommodation. During the hearing before Mr Justice Paul Gilligan, it was agreed that the protesters would vacate the property by 4pm on Wednesday. The judge welcomed this decision and noted that, as an undertaking had been given, there was no need for the court to make any orders against the Deputy or the protesters. The judge acknowledged the plight of those affected by homelessness but stated the court could only address whether the protesters asserted any right to the property. The matter was adjourned, with the judge noting it could be re-mentioned should any issues arise.
Prominent republican Thomas Murphy, 66, of Ballybinaby, Hackballscross, Co Louth, pleaded not guilty to nine alleged tax offences at the Special Criminal Court in Dublin. The charges, stemming from a Criminal Assets Bureau investigation, allege that Murphy failed to furnish returns of his income, profits, or gains to the Collector General or Inspector of Taxes for the years 1996/97 to 2004. Murphy was originally returned for trial from Dundalk District Court in 2008, a decision he challenged at the High Court, which ruled his rights had been breached but allowed the trial to proceed. During the thirty-minute hearing, defence counsel Mr John Kearney QC applied for an adjournment, citing "rolling disclosure" that prevented the defence from accessing thousands of pages of material. Kearney argued the delay would allow both sides to assess admissibility, potentially excluding significant evidence. Prosecuting counsel Mr Paul Burns SC agreed to the adjournment, noting recent disclosure volume, while expressing hope that the trial could conclude within the allocated three weeks. Presiding with Judges O'Hagan and Ryan, Mr Justice Paul Butler adjourned the trial until Thursday. The matter was adjourned and not concluded.
The High Court ruled that model and TV presenter Glenda Gilson must face a restriction order preventing her from acting as a company director for five years, while her brother Damien Gilson was disqualified from that role for the same period. The orders arose from the liquidation of Gilson Motor Company Ltd, where the siblings were directors. Liquidator Mr Gary Lennon applied under Sections 160 and 150 of the 1990 Companies Act, seeking Damien's disqualification and restrictions on Glenda. Glenda opposed the application, claiming no involvement in the business and no personal benefit, but the judge found she had not kept herself informed of the company's affairs, a requirement for directors. The court accepted that Damien had run the business, managed sales, and was responsible for fraudulent diversion of funds to evade taxes. The matter was adjourned to October for final formal orders. The decision was based solely on the information presented in the liquidation proceedings.
Monica Loughman, a celebrated Irish ballet dancer, has obtained a High Court injunction to stop former partner Fraser Brown from ending her employment or winding up the Monica Loughman Ballet Company Ltd, which she founded in 2011. Brown, who served as the company's business and finance manager, allegedly refused to leave the business after their personal relationship ended in 2014, despite an agreement that he would no longer be involved. Loughman claims Brown's continued control has damaged her reputation and made it impossible to maintain customers and deal with creditors. She also alleges he removed key assets, including a dance floor and "Nutcracker" sets, and sent letters threatening to terminate her employment. The court granted temporary injunctions preventing Brown from interfering with Loughman's work, the company's property, or winding up the company, and the case is set to return in August.
A senior HSE executive has secured a High Court injunction preventing her transfer to an alternative role. Mr Justice Isabel Kennedy granted the orders sought by Ms Helen Earley, Area Director of Nursing with the Galway/Roscommon Mental Health Service, allowing her to remain in her current position pending the full hearing of her action. Ms Earley contended that the proposed reassignment, communicated in early July, would damage her professional reputation. She alleged the HSE lacked contractual authority to transfer her and claimed the move was motivated by industrial relations disputes rather than legitimate operational grounds. The HSE sought to reassign her temporarily pending enquiries into mental health services under her remit. Mr Justice Kennedy found Ms Earley had established a strong case likely to succeed and that damages would not constitute adequate remedy given the potential loss of professional status. The balance of convenience favoured granting the injunctions. The matter returns to court in November.
Dublin City Council (DCC) brought High Court proceedings to remove alleged trespassers from two terraced three‑storey buildings at 38 and 39 Bolton Street, which it owns. The buildings were reportedly broken into and occupied by members of the Irish Housing Network (IHN), who called the site the Bolt Hostel and claimed it was being used to house homeless people. DCC argued that the occupants had no legal right to be there, citing that the buildings had been closed and secured with steel shutters in 2012 because they were no longer fit for purpose. Counsel for DCC noted that the council had engaged a housing body, Novas Initiative, to renovate the buildings for homeless accommodation, and that attempts to resolve the matter amicably had failed. Mr Justice Paul Gilligan granted injunctions against IHN members Seamus Farrell and Aisling Hedderman, ordering them to cease further works and allowing DCC to inspect the premises.
An employment dispute involving the suspension of the director of operations at Christ Church Cathedral, Dublin, was settled in the High Court. Nuala Kavanagh, the director, had initiated proceedings earlier in the month and obtained leave to serve a short‑notice application for injunctions. On Tuesday, Marcus Dowling BL represented the cathedral and informed Justice Paul Gilligan that the matter had been resolved, allowing the proceedings to be struck out. Conor Kearney BL had sought to prevent a disciplinary hearing that was due to take place within days.
In a High Court hearing on 27 July 2015, Thomas McFeely, a 67‑year‑old developer of Priory Hall, contested an application by the official administrator, Mr Chris Lehane, to extend his bankruptcy by five years. McFeely had been declared bankrupt in Ireland in July 2012, with the bankruptcy set to expire on 30 July 2015. Lehane argued that McFeely had failed to disclose all assets and had not cooperated, and sought an order preventing McFeely's discharge until the extension motion was heard. McFeely's lawyers requested an early hearing, but the judge, Justice Caroline Costello, adjourned the matter to October, refusing a hearing in August or September while the court was in recess. The case remains pending, with the court yet to decide on the extension request. The article does not report any further developments.
In a 2015 case, 51‑year‑old Rosemary Kane of Willow Vale, Ballybrack, pleaded guilty to impeding the apprehension of a person after a robbery on Wyattville Road, Loughlinstown, on 23 April 2011. The robbery involved two armed men who stopped Kane's car, forced her to drive, and later left with €1,140 in cash. Kane, frightened and nervous, drove to Killiney Shopping Centre, where she took a bag left by the robbers and threw it into a charity clothes bin. Garda Bernard Dunne traced the Mazda used by the robbers to Kane and called her on her mobile; she agreed to wait for the officers at the shopping centre car park. The officers arrested her there. CCTV footage showed her placing the bag in the bin, and investigators later retrieved the knives from the bin. Kane denied concealing evidence, stating she was afraid for her life and did not want to get involved.
In a Special Criminal Court hearing on 23 July 2015, an Army bomb disposal expert testified that the components for a large car bomb were discovered in the boot of a northern‑registered car parked in a church car park near the border. The court heard that Gareth Mulley, 45, of Aisling Park, Dundalk, Co. Louth, was arrested on 25 May 2014 after a Garda operation targeting dissident republicans. He was charged with unlawful possession of an explosive substance, including PETN and RDX, an adapted 50‑litre beer keg, 50 kg of homemade ammonium nitrate explosives, an improvised steel booster tube and an improvised time‑and‑power unit. Evidence from a garda ballistics expert indicated the time‑and‑power unit had a thirty‑minute delay. An Army explosives officer confirmed the items constituted a vehicle‑borne improvised explosive device, commonly known as a car bomb. The trial is ongoing. Gareth Mulley pleaded not guilty.
Darren McKevitt, 26, pleaded guilty in Dublin Circuit Criminal Court to arson of a car, dangerous driving, driving under the influence, driving without insurance, three counts of assault, possession of a stolen Toyota Avensis, a stolen PSV certificate, an Irish driving licence and insurance certificate, and unlawful possession of a stun gun. The offences occurred on 31 October 2014 at Durrow Road, Crumlin, and on 24 November 2014 at Cushlawn Park, Tallaght. A blood sample showed he was five times over the legal alcohol limit. Judge Patricia Ryan imposed a probation bond, requiring McKevitt to work with probation officers, undergo drug rehabilitation and employment training, and to return to court on 1 July 2016. He was arrested after Garda Michael Creegan and Garda Micheal O'Sullivan chased him following the bonfire incident, during which McKevitt assaulted three gardaí and was later taken to Crumlin Garda Station. The court noted his nine previous convictions, including possession of drugs for sale or supply.
Fianait Bligh, 18, has filed a High Court application seeking orders that compel the Ice Skating Association of Ireland (ISAI) to select her for International Skating Union events. Bligh, a junior skater originally from Dublin now training in Scotland, claims she was promised selection if she met certain criteria, including passing a Junior skating event and competing in the national Championships. She achieved those standards but was told she would not be selected because she did not obtain a "merit score," a requirement she was not previously informed of. Bligh alleges discrimination, noting that other skaters without merit scores have been selected. The court granted her ex‑parte permission to proceed, with the matter to be returned for a hearing on Friday, the deadline for registration for an upcoming competition in Riga, Latvia. The ISAI has indicated it will not be prejudiced by the application, and Bligh is willing to cover her own costs for the event.
In July 2015 the High Court resolved a dispute between Bray Wanderers Ltd and three former associates. Mr Justice Paul Gilligan had granted temporary injunctions against Mr John Deering, Paul Lennon and former goalkeeper Darren Quigley, preventing them from trespassing on the club's Carlisle Grounds, misrepresenting themselves as directors, calling official meetings or publishing official‑looking material. The injunction was withdrawn after the defendants offered undertakings: they would not trespass without prior arrangement, would not publish official‑looking information, would not misrepresent themselves as directors or claim to act in an official capacity, and would not call official meetings. Mr Deering also agreed to delete data he had accessed from the club's email and website systems. The parties agreed to amend the Companies Registration Office filings that had purportedly removed four directors and appointed Mr Deering. The court left open the possibility of future proceedings if necessary.
Roy Keane has brought a legal action in the Commercial Court against Paddy Power Plc, claiming that the bookmaker breached his constitutional rights by using his image on a billboard that mocked the film 'Braveheart' without his consent. The billboard, displayed on a 40‑ft truck around Dublin before the Euro 2016 qualifier against Scotland, featured Keane as William Wallace and included a line from the film. Keane alleges the advert was deliberately designed to associate him with Paddy Power's marketing campaign, misrepresenting a commercial connection and using crude language towards Scots. He seeks damages, aggravated exemplary damages, injunctions to prevent further use of his image and to destroy any infringing materials, and orders to stop the bookmaker from presenting itself as endorsed by him. The case was admitted to the Commercial Court and is scheduled to return in November.".
David Cagney, 49, pleaded guilty in Dublin Circuit Criminal Court to eleven counts of failing to remit €108,767 in VAT to the Collector General between 2003 and 2009, along with other tax offences such as not filing income tax returns and providing incorrect information. He had prior convictions in 2008 for failing to file returns for 2004 and 2005, and in 2012 for 2008 and 2009 returns. Witnesses, including his ex‑wife and a friend, testified that his crimes were not motivated by greed but by an inability to manage mundane matters, citing his ADHD, depression, and alcohol issues. Judge Martin Nolan, citing Cagney's "very unusual character," suspended a two‑year prison term on the condition he keep the peace for that period. The court noted no evidence of a lavish lifestyle or offshore concealment of funds. Cagney's work as a self‑employed computer consultant involved invoicing clients with VAT, which he failed to remit to Revenue.