The owner of a Dublin city centre residence has initiated a High Court action to remove several individuals who, according to the owner, have unlawfully occupied the premises for several weeks. Artisan Oral Health Care Company Ltd, owned by Irish dentist Dr Colman McGrath, has sued the unknown occupants of 6 Seville Place, Dublin 1. Mr Justice Paul Gilligan granted the company permission to serve short notice of the proceedings to those occupying the building. Dr McGrath, who purchased the property four years ago, intends to refurbish it and run a business from there, but his representatives have been unable to access the building since the occupants took up residence in late April. The occupants have installed a fortified door and have not identified themselves to the owner's representatives. A notice of the proceedings will be posted on the front door, and the case is set to return to court early next week.
An application for the High Court to approve a third‑party funding arrangement for a lawsuit against the State has been adjourned again to 17 and 18 November. The case involves Persona Digital Telephony and Sigma Wireless Networks, who are suing the State over the 1996 mobile‑phone licence competition that awarded Esat Digifone, owned by Denis O'Brien, the licence. They allege the process was unfair and that Esat won by bribing Minister Michael Lowry, allegations denied by the State. The funding arrangement is with Harbour Litigation Funding, a British company that would receive a share of any proceeds if the plaintiffs succeed. The court will consider whether the funding agreement contravenes maintenance and champerty rules, with a redacted disclosure of the agreement already submitted. The hearing was adjourned by Justice Aileen Donnelly due to diary difficulties.
A senior Health Service Executive manager has initiated High Court proceedings challenging her proposed reassignment to an alternative role. Ms Helen Earley, Area Director of Nursing for the Galway/Roscommon Mental Health Service, contends the HSE lacks contractual authority to transfer her to a position overseeing smoke-free zone initiatives across the Limerick to Donegal region and island health services. Her counsel argued the relocation would damage her professional reputation, given her current responsibility for 400 staff across 60 locations and her stewardship of substantial service restructuring since 2012. The HSE maintains contractual entitlement to effect the transfer on identical terms. Ms Earley seeks injunctions restraining her reassignment and preventing the appointment of an alternative to her current post. Mr Justice Paul Gilligan granted permission to serve short notice of the proceedings. The matter returned before the court on Friday morning.
In a High Court hearing on 9 July 2015, the court considered the case of Alan Murphy and his partner Kelly Gilsenan, a homeless couple who had camped out at South Dublin County Council offices in Tallaght to protest their accommodation situation. The council had obtained an injunction to remove them, which they complied with after two days. The couple had previously refused a temporary emergency accommodation offered by the council, citing its unsuitability, and had been living in a tent after their private rental was sold. They had a six‑year‑old son with asthma. The court heard that the council had moved the couple up the local authorities' housing list, recognising them as a family, but could not say when housing would be available. The council noted that 8,500 people were on the list and urged the couple to seek private accommodation for which they might be entitled to assistance.
A 52‑year‑old man, Liam McGowan, who has no fixed abode, is to be extradited to the United Kingdom on charges of conspiring to import drugs worth up to eight million pounds. The alleged conspiracy involved the fraudulent evasion of probation for the importation of class A cannabis bush and class C ketamine between 1 February 2011 and 7 February 2014. McGowan is accused of working with a Manchester‑based man and a haulage company in southern Ireland to transport the drugs. In October 2014, UK authorities seized 117 50‑gram bags of cannabis, valued between 585,000 and 1.17 million pounds, and ketamine valued between 4.5 and 6.75 million pounds. McGowan's counsel, Michael O'Higgins, argues that his client had no knowledge of the contents of the consignments and that the evidence of his involvement is lacking.
The High Court confirmed the appointment of joint liquidators, Eamon Richardson and Kieran Wallace of KPMG, for OCS Operations Ltd, the company that ran Clerys Department Store and Warehouse. Mr Justice Brian Cregan approved the appointment on Monday, with no objection. The liquidators were instructed to conduct a comprehensive investigation into payments and transactions involving OCS Operations and related companies, recent bank account payments, and the use of insurance proceeds from the 2012 flooding. They will also examine the conduct of the former directors, Rafael Klotz and Malcolm MacLennan MaCaulay, during the twelve months before the liquidation. A committee of inspection, comprising creditors and concession holders, will be formed to investigate any matters raised by them, and a creditor's meeting is scheduled for August. The liquidators will also handle employee redundancy payments, pension scheme inquiries, and the distribution of assets, including fixed assets, cash, and intellectual property.
In July 2015 the High Court was asked to approve a third‑party funding arrangement for Persona Digital Telephony and Sigma Wireless Networks, who are suing the State over the 1996 mobile licence process. The funding would come from Harbour Litigation Funding, a British company, and would pay the plaintiffs a share of any proceeds. The State and Denis O'Brien's representatives successfully applied for an adjournment, and the hearing was moved to 11 November. Justice Aileen Donnelly noted that the issue of third‑party funding had not previously been before Irish courts. She cited concerns that the funding agreement provided to the defendants referred to other documents and contained redactions that could affect the case. The adjournment was granted to allow the parties to review additional documentation and to address questions about the agreement's terms, including the absence of an after‑event insurance policy and the nature of the security agreement.
In a long‑running dispute over €2.34 billion of loans made by Anglo Irish Bank to Sean Quinn's companies, the parties have agreed to mediation. Retired Supreme Court judge and former President of the High Court, Mr Justice Joseph Finnegan, has been appointed as mediator. The Commercial Court adjourned the matter for mention to early October, with mediation expected to begin later that month. The action, launched in May 2011 and originally set for June 2011, has been repeatedly deferred, most recently to January 2016, due to related criminal proceedings against former Anglo executives. The Quinns allege the loans were used to prop up the bank's share price, while the bank and its liquidator, Kieran Wallace, deny that the Quinns acted as agents in disputed share pledges and guarantees. Legal costs for the Quinns' action are estimated at several million euros.
In a High Court hearing on 30 June 2015, Mr Said Laaser's challenge to the will of his late civil partner, Mr Brian Earls, was dismissed. Mr Earls had executed the will hours before his death on 5 July 2013, witnessed by three family members. Laaser, representing himself, alleged the will was signed in his absence and that Mr Earls, severely ill, could only mark the document with an 'x'. The executors, Mr Maurice Earls and Mr William Early, defended the will as properly executed and reflective of Mr Earls' wishes. The will allocated 50 % of Mr Earls' assets, including his Dublin home and bank accounts, to Laaser, with the remainder divided among Mr Earls' siblings, and a €30,000 cash gift to a friend in Armenia.
In 2015 the High Court heard an application by Persona Digital Telephony and Sigma Wireless Networks, the unsuccessful bidders for the State's second mobile phone licence, to approve a third‑party funding arrangement with Harbour Litigation Funding. The plaintiffs, who had been denied a licence that was awarded to Denis O'Brien's Esat Digifone consortium in 1996, claimed the licence process was unfair and that Esat had bribed Minister Michael Lowry. Harbour Litigation Funding, a British company, would receive a share of any damages if the plaintiffs succeeded. Justice Aileen Donnelly ruled that the plaintiffs must disclose the general terms of the funding agreement and the identity of the funder so the court could assess potential abuse of process or champerty. The case was scheduled for a two‑day hearing in July, with the plaintiffs seeking damages for misfeasance, breach of duty, breach of contract, and a declaration that the 1996 regulations contravene EU law, all of which were denied.
A couple, Alan Murphy and Kelly Gilsenan, who had been sleeping in a tent since becoming homeless, agreed to comply with a High Court injunction that ordered them to vacate South Dublin County Council's offices in Tallaght. The injunction was granted after the couple refused a temporary emergency accommodation offer, claiming it was unsuitable. They had previously refused to leave the council's premises, prompting the court to issue a temporary order. The judge warned of serious consequences for non‑compliance and granted the injunction on an ex‑parte basis. The matter was adjourned to mid‑July to allow the couple to reply to the council's claim. The injunction also applies to anyone aware of it, but the judge allowed the couple to attend the offices with advisers to resolve their accommodation issues.
Tributes were paid to former Chief Justice and Attorney General John Murray on his retirement from the Supreme Court. He served as Chief Justice from 2004 to 2011 and had a 24‑year tenure on the bench. The Attorney General, Marie Whelan SC, praised his significant contribution to the law and the people of Ireland. He is Chairman of the Panel of Experts on the Election of Judges to the European Court of Human Rights, Chancellor of the University of Limerick, and Chairman of its Governing Authority. His wife Gabrielle and family attended the ceremony. The Chief Justice, Ms Justice Susan Denham, highlighted his legacy and passion for the Irish nation. The Bar Council, Law Society and Courts Service also paid tribute. Murray, born in Limerick, was called to the Bar in 1967, became Senior Counsel in 1981, served twice as Attorney General, and was a judge of the Court of Justice of the EU before his Supreme Court appointment.
The Supreme Court upheld a High Court decision to extradite Trust Egharevba, an Irish‑citizen originally from Nigeria, to France on charges of human trafficking and money laundering. Egharevba, who lives in Castlecurragh Park, Dublin 15, denies any criminal involvement. The appeal questioned whether the alleged transnational offences fell outside the 2003 European Arrest Warrant Act and whether the laundering allegations could be prosecuted in Ireland. The Court found that money collected from prostitution and trafficking of Nigerian women was gathered in France, transferred to an Irish bank account, and then sent to Nigeria, satisfying the requirement that the offence occurred in the issuing state. The Supreme Court affirmed the High Court's ruling, dismissing the appeal and confirming the extradition under the European Arrest Warrant issued by Lyon authorities.
Businessman Gerard Cosgrave, the applicant, brought High Court proceedings to prevent the Dublin City Sheriff from repossessing his family home in Donnybrook, Dublin. He seeks an injunction to stop the Sheriff from executing a 2013 Circuit Court order obtained by KBC Bank Ireland Ltd. Cosgrave claims the Circuit Court lacked jurisdiction to grant the repossession order because the property is not rated or ratable under the 2001 Valuation Act. KBC Bank sought the original order due to an alleged failure by Cosgrave to repay loans advanced in 2005 and 2006. The Sheriff stated he would take no steps to repossess the property while the matter is before the court. KBC Bank's lawyers opposed the application, describing it as misconceived. Mr Justice Paul Gilligan had previously granted permission on an ex-parte basis to serve short notice against the Sheriff and the bank. At the hearing, the judge noted that the application raised issues requiring clarification, including whether the High Court had jurisdiction to hear the case. Consequently, Mr Justice Gilligan adjourned the matter to next month. The case remains at the hearing or decision stage, with no final determination or sentence issued.
In a 2015 High Court decision, Mr Justice Paul Gilligan dismissed a bid by property developers John and Ann Hickey to overturn an arbitrator's award of €101,000 to Ms Mary Delargy. The award arose from defects in a property at Garrai Glass, Ballydavid South, Athenry, which Ms Delargy purchased for €550,000 in 2008. After taking possession in 2009, she discovered insulation, ventilation and dampness problems and brought a claim for damages. The dispute was referred to arbitration in 2011, where the Hickeys' defence was struck out for failing to comply with a discovery order. In October 2014 the arbitrator awarded €101,000 to Ms Delargy. The Hickeys argued the contract's defect clause was deleted and the arbitrator lacked jurisdiction over major defects, but the court found no reason to set aside the award, noting the Hickeys had effectively walked away from the arbitration process and forfeited their right to challenge the final decision.
Henry Byrne, a 45-year-old Dublin financial trader, was sentenced at Dublin Circuit Criminal Court after pleading guilty to stealing €10,000 from Manortown United FC on two separate occasions. The applicant, Comiskey O'Keefe, acted as Byrne's defence counsel. Byrne admitted to withdrawing the first sum in February 2006 to cover a personal property investment shortfall, which he later repaid using funds borrowed from his sister. He subsequently withdrew a second €10,000 in September 2009 to repay his sister. Although Byrne initially claimed the withdrawals were for club facilities or banking errors, he later admitted and apologised for the theft. Sergeant Jonathan Kelly testified that the unauthorised withdrawals were discovered when the club restructured. Judge Martin Nolan acknowledged that Byrne had repaid the stolen amounts before any formal complaints were made and had cooperated fully with the investigation. The judge noted that Byrne, a father of three with no previous convictions, had served as treasurer for 25 years and had already suffered significant public shaming and community ostracism. Judge Nolan stated that imprisonment would be unjust given these mitigating factors. Consequently, he suspended a two-and-a-half-year prison sentence on strict conditions, accepting that the reputational damage constituted a punishment in itself.
Peter Moore, 25, of Lynnwood, Ballyboughal, pleaded guilty to criminal damage after using a crow bar and angle grinder to destroy a parking meter at Chapel Lane, Swords, on 20 January 2015. He had been in custody for a few weeks when the case was heard at Dublin Circuit Criminal Court. Judge Martin Nolan imposed a two‑year suspended sentence and ordered Moore to pay €3,000 to Fingal County Council, with a further €3,000 to be raised within two years. The council estimated the damage at €11,000, covering replacement of the meter, disposal of the damaged unit and removal of the concrete base. Garda Amanda King, who arrested Moore, said he admitted the damage was caused by anger over a parking fine. Moore's defence highlighted his cocaine and alcohol addiction, his role as a carer for his mother with motor neuron disease, and his work with the Homeless World Cup charity.
Friends First Holdings Ltd, a holding company for several financial services subsidiaries, has applied to the Commercial Court for approval to reduce its share capital by cancelling €32.2 million of its share premium account, which currently stands at €87.5 million. The company seeks to write off historic accumulated losses of €32 million in its management accounts for the period ending 30 April 2015, thereby enabling future dividend payments. The application follows a special resolution passed by the sole voting member on 10 June. The court, presided over by Mr Justice Brian Cregan, has entered the matter for directions regarding the advertising of the petition before a hearing later this year. Friends First, fully owned by the Dutch insurance group Achmea BV, employs 300 people in Ireland and serves 276,000 customers.
In a High Court judgment, Mr Justice Donald Binchy held that consultant engineers and Limerick County Council were jointly responsible for the wrongful demolition of the O'Shaughnessys' single‑storey farmhouse, 'The Hollows', in Annaholty, Birdhill, Co. Tipperary, on 6 September 2006. The court found the consultant engineering joint venture, RPS Scetauroute, was 70 % liable and the local authority 30 % liable, while the third party that carried out the demolition was not negligent. The demolition stemmed from a series of acts and omissions: an RPS engineer incorrectly designated the plot as derelict, Limerick County Council staff mistakenly identified the O'Shaughnessys' home as plot 156a, and both parties failed to supervise or verify the site. The O'Shaughnessys had purchased the house for IR£34,500 in 1998, lived there, and had planned renovations before the house was unexpectedly removed. The case was settled on undisclosed terms in January of the following year.
D&L Properties Ltd, a Dublin firm, has sued Channel Islands‑registered Yolanda Ltd for €9.7 million plus damages, alleging breach of contract after Yolanda failed to repay €2.2 million loaned for a Palace Street, London development. The loan, advanced in November 2008, was part of a joint‑venture‑type agreement that required Yolanda to pay 20 % interest for 12 months, then 2 % thereafter, and to provide D&L with a 12.5 % shareholding in Elgin Ltd, a parent company, a second charge on the development lands, and £2 000 per day of Mr Derek O'Leary's attendance. D&L claims Yolanda sold the apartments and retained the proceeds without repaying the loan or accounting for it. The case was admitted to the fast‑track Commercial Court list by Mr Justice Brian Cregan; Yolanda's counsel intends to seek dismissal. The matter was adjourned for two weeks.
Patrick McDonagh, 27, of Clondalkin, pleaded guilty to unlawful possession of a stun gun on 28 November 2014. The device, disguised as a mobile phone, was found by Gardaí during a search unrelated to him. McDonagh had bought it "for a bit of fun" while on holidays in Cyprus and had never used it. He received a one‑year suspended sentence, with no mention of a license requirement. The case was heard in Dublin Circuit Criminal Court and the judge accepted the lack of prior convictions.
In a High Court hearing on 12 June 2015, Mr Justice Paul Gilligan appointed Eamon Richardson and Kieran Wallace of KPMG as joint provisional liquidators for OCS Operations Ltd, the company that runs Clerys Department Store and Warehouse. The company, which had petitioned for the appointment, was told to cease trading immediately to stop further debt accumulation. OCS Operations, described by the judge as "balance sheet insolvent" and in "severe financial difficulty", employs 130 staff directly and has about 330 concession‑holder employees who sell goods in the store. The liquidators were granted powers to take possession of assets, manage staff, pay creditors and continue the business pending a winding‑up hearing. The appointment followed the sale of the OCS group to Natrium Ltd, after which OCS Operations was transferred to insolvency practitioners Jim Brydie and Brendan Cooney for €1. The case was adjourned to early July for further proceedings.
David Bradshaw (33) and Patrick O'Dowd (30) pleaded guilty to handling a stolen Mercedes Benz in November 2013. They claimed they bought the vehicle for €6,000 from a woman named Alex, who said it was her husband's car, and later sold it online for €5,000 to an Irish buyer. They could not provide details about Alex, the buyer or the men who collected the car. The court found the men had been reckless about the vehicle's status and had not reported it. Judge Martin Nolan imposed a two‑and‑a‑half‑year suspended sentence on each, requiring them to raise €5,000 within a year to pay the original owner. The car, valued at €20,000, was never recovered, and the owner continues to repay the loan. Bradshaw had 17 prior convictions, while O'Dowd had two.
Seven men from Dublin – Brian Nick Mc Bennett (54), Peter Burns (39), Kevin Braney (39), Michael Barr (33), John Brock (41), Declan Phelan (31) and Desmond Christie (49) – pleaded not guilty at the Special Criminal Court to charges that they were members of the Irish Republican Army (IRA) on 3 July 2013. The prosecution, represented by Tara Burns SC, announced that the case would be opened the following day, and the court adjourned the trial until then.
The court adjourned the action between RTÉ, businessman Denis O'Brien and the Irish Bank Resolution Corporation (IBRC) to the following Wednesday. Judge Donald Binchy had earlier granted an injunction preventing RTÉ from broadcasting confidential details of O'Brien's banking arrangements with IBRC, citing the lack of evidence of a failure of corporate governance and the potential for incalculable losses to O'Brien if the information were released. The injunction was based on the content of Independent TD Catherine Murphy's speech to the Dáil and the judge's assessment that the speech did not reveal privileged legal advice. Lawyers for RTÉ said they would raise several issues, but had not yet received a sworn statement from the other side. IBRC lawyers argued that any legal advice given to the bank was absolutely privileged and would not be disclosed in the Dáil. Both parties agreed to resume the case on the next Wednesday.
In a High Court hearing, Mr Justice Donald Binchy granted injunctions preventing RTÉ from broadcasting details of Denis O'Brien's personal banking arrangements with IBRC, citing a lack of substantive evidence of a failure of corporate governance at the bank. The judge noted that while RTÉ had raised concerns about potentially improperly processed loan extension requests and alleged verbal agreements between O'Brien and IBRC CEO Mike Aynesley, no evidence was presented to substantiate a governance failure. O'Brien and IBRC were found to have a convincing case for success at a full hearing, and damages were deemed inadequate to compensate O'Brien for potential incalculable losses if details were disclosed. The injunctions, issued after a three‑day hearing, remain in force pending the full hearing, and the case will return to court on Friday.
During a High Court hearing, Assistant Commissioner John Fintan Fanning claimed that Commissioner Nóirín O'Sullivan asked him about his personal political views during his interview for Deputy Commissioner. He said the questions concerned left‑wing political extremism and left‑wing politicians, and that he felt uncomfortable because he is legally required not to affiliate with any political group. Fanning argues the interview was unfair and that the Commissioner should have declared a conflict of interest and recused herself. The interview board members, including Mr Sean Dorgan and Ms Margaret McCabe, testified that the questions were about left‑wing extremists only in the context of security threats, not about his personal political views. Fanning seeks an injunction to halt further appointments to the Deputy Commissioner post and declarations that the recruitment process violated his constitutional rights. The case is before Justice David Keane.
The High Court concluded proceedings that had required the evacuation of residents from a four‑storey building at 3 Kelly's Row, Dublin 1, which also includes 20 Dorset Street. The order, obtained by Dublin City Council, remains in force, preventing any occupation of the building until fire‑safety requirements are satisfied. The case involved owners Mr Frank Chatham of Arch Villas and Mr Joseph Simpson of Tara Green, who had previously consented to the order. The court noted that the building had been inspected on 11 May with no evidence of fire‑safety measures, and that the risk of fire was deemed "so serious" that use of the premises must be prohibited until remedial actions are taken. Mr Simpson, who represented himself, stated that tenants were being moved and that 95 % of the items listed in the fire‑safety notice had already been addressed in 2007 renovations, though outstanding issues were still being rectified.
In a Dublin Circuit Criminal Court hearing, 27‑year‑old Dean Moore pleaded guilty to assault causing harm and robbery of Conor Muldoon on 3 June 2013. The incident occurred at 4 a.m. on Pearse Street when Muldoon was walking home after a night out. Moore allegedly believed Muldoon was threatening a woman and attacked him out of a "misplaced sense of chivalry", striking him in the head, face, leg and chest until Muldoon surrendered his wallet and phone, worth €400. Garda Alan Roche arrested Moore at the scene after a struggle. Muldoon suffered a fractured jaw and broken nose, was treated at St James' Hospital, and later reported being unable to eat solid food for a week. Moore's defence described him as an affable young man from a difficult background, and the judge adjourned sentencing to October to allow engagement with Probation Services and a concrete expression of remorse.
The High Court granted a freezing order preventing Mr Fakir Hossain from reducing his assets below €693,000 while the liquidator of Eden College, Mr Anthony J Fitzpatrick, seeks further orders. The liquidator, represented by Ronnie Hudson Bl, argues that fees paid by overseas students for courses never delivered may be dissipated. Mr Hossain, a Bangladeshi national with no income or commercial interests in Ireland, has interests elsewhere. The court heard that Mr Fitzpatrick's investigation alleges Mr Hossain, as an officer of Eden Further Education Ltd, conducted the business recklessly and with intent to defraud creditors. Mr Hossain was not present; he was served by e‑mail. The order was issued by Mr Justice David Keane. The case follows earlier temporary freezing orders against Mr Hossain and his wife, preventing them from reducing assets below €403,000. Eden College closed in April 2014 due to cash‑flow problems after suspension from the register of approved colleges.
In a High Court hearing on 20 May 2015, lawyers for the State and businessman Denis O'Brien sought to inspect the funding arrangements between the unsuccessful bidders for the State's second mobile phone licence – Persona Digital Telephony and Sigma Wireless Networks – and Harbour Litigation Funding (HLF), a British company that would fund the bidders' action for damages against the State. The bidders, who claimed the licence award to Esat Digifone was unfair and possibly corrupt, had entered a funding agreement with HLF in March 2015. The defendants argued that the agreement was confidential and privileged, while the plaintiffs contended that the court should allow them to see the document before the July hearing. Counsel for the Minister for Public Enterprise cited Supreme Court precedent that professional third‑party funding is not permitted in Ireland, whereas counsel for O'Brien argued that the parties are entitled to inspect the agreement under the Rules of the Superior Courts.
In May 2015 the Irish Times Ltd filed High Court proceedings against Times Newspapers Ltd, alleging that the UK publisher intended to launch a new online newspaper titled 'The Times Ireland'. The Irish Times claimed that using this title would breach its trade mark and copyright, creating a risk of confusion with its own publication. Jonathan Newman SC represented the Irish Times, arguing that the proposed use was a serious violation of copyright and that the new digital edition, part of a seven‑day subscription with 'The Sunday Times', would cause "enormous problems" for the Irish Times, whose online readership reaches six million monthly. The court granted the Irish Times permission to serve short notice of the proceedings, and the case was set to return later that month. The Irish Times seeks orders preventing the use of the title, domain names, Twitter descriptions, and logos similar to its own, but no undertakings have yet been received from the defendants.
Dublin Bus has applied to the High Court for injunctions to stop rival operator Dublin Coach from using any shade of green on its vehicles, staff uniforms or promotional material. The State company argues that Dublin Coach's recent launch of a green‑coloured open‑top bus service for city sightseeing is likely to confuse customers, as Dublin Bus has operated its own green‑coloured Dublin Bus Tours since 2006. The injunctions sought would also require Dublin Coach to adopt a distinctly different colour for its buses, stops, uniforms and marketing. Mr Justice Paul Gilligan granted Dublin Bus permission to serve notice of proceedings against Dublin Coach and adjourned the matter to the following week, stating he would hear both sides before deciding on the application. The case remains pending, with the court yet to rule on the injunction request.
In May 2015 the High Court granted a Dublin City Council order to evacuate a four‑storey building at 3 Kelly's Row, Dublin 1, including flats on 20 Dorset Street, because of "serious" fire‑safety concerns. The owners, Frank Chatham and Joseph Simpson, consented to the order after the court had served them notice. Simpson, who represented himself, disputed claims that the owners had not acted since a March fire‑safety notice had prohibited use of the flats. He said he and his co‑owner had asked tenants to leave, stopped collecting rent, and offered €600 each to vacate, but tenants remained. He also denied that the owners had refused to return deposits. The court noted that the building's single staircase was unsafe, electricity had been disconnected, and no fire‑safety measures were in place. The order prohibited the use of the premises for accommodation until the required works were completed. The case was adjourned to the following week.
Mr Justice Paul Gilligan adjourned a High Court application brought by NAMA-appointed receiver Mr Tom Kavanagh seeking immediate possession of a Dublin property. The applicant sought injunctions to enforce a November 2014 agreement signed by Mr Edgard Hall and his wife, Daphne, which required them to vacate the home at Dunrovan, Ferndale Road, Rathmichael, Co Dublin, to allow its sale. The Halls, who state they have lived in the family home for over twenty years, opposed the application. Mr Hall, representing himself, acknowledged signing the agreement but argued he had made improvements worth €75,000 and that eviction would cause homelessness. Mrs Hall's counsel, Charlotte Finnegan BL, alleged she lacked independent legal advice, claimed the agreement was altered by a third party, and argued the injunction would breach her rights under the Family Home Protection Act. The receiver's counsel, Brian Conroy BL, stated the receiver wished to sell the property, valued at approximately €900,000, to reduce debt. The judge dismissed the injunction application, noting that issues regarding legal advice, the agreement's validity, and statutory protections must be determined at a full hearing. He found damages an adequate remedy and that the balance of convenience favoured the Halls remaining in the property. The matter was adjourned for several weeks to allow the parties to exchange documentation, with a hearing date to be fixed upon return.
Finbar Tolan, a cattle dealer and farmer from Middle Mace, Claremorris, Co Mayo, is suing Aurivo Co Op, formerly Connaught Gold Co Op Society Ltd, in the High Court for alleged breach of contract. The applicant claims the defendant failed to honour a July 2012 agreement regarding credit terms for cattle purchased at Balla and Ballinrobe marts. Mr Tolan alleges that after securing bank arrangements to comply with reduced credit terms, the co-op sought further amendments in August 2012. He claims he was subsequently barred from trading at the Balla mart, preventing him from fulfilling a contract to deliver ninety cattle to a meat plant, which led to the loss of that contract and his eventual exit from business. The defendant denies these claims, stating the action was a response to separate High Court proceedings it brought in October 2012. The co-op secured a judgment for €154,000 in those proceedings, which has been appealed to the Supreme Court. Mr Tolan stated he wished to consolidate the two matters, but his application was refused. The case, heard before High Court President Mr Justice Nicholas Kearns, continues.
In a High Court ruling on 11 May 2015, Mr Justice Paul Gilligan granted University College Cork (UCC) an injunction that bars SIPTU and the Irish Federation of University Teachers (IFUT) from staging a picket at six of the twelve entrances to UCC's main campus on the following Wednesday. The injunction was issued because UCC argued that the planned picket, linked to a long‑running pay dispute at the Tyndall National Institute, would be an escalation that could cause significant disruption, especially for students sitting exams. SIPTU opposed the injunction and indicated that its client might appeal. IFUT did not participate in the proceedings. The judge noted that communications from the unions suggested the picket was intended to support Tyndall staff and was not meant to interfere with exams, but UCC maintained that the action was not part of the dispute and could disrupt campus activities.
Anthony Stokes, a 26‑year‑old footballer for Glasgow Celtic and the Irish national team, was brought before the Dublin Circuit Criminal Court on charges of assault causing harm to Anthony Bradley, 42, at Buck Whaleys on Leeson Street in June 2013. His solicitor, Michael Staines, informed Judge Patricia Ryan that the case was ready to proceed. The judge adjourned the trial to the following day, noting that no judge was currently available to take the case, and that the trial was scheduled to last two days. Stokes appeared in court wearing a white shirt, blue tie and grey suit.
Anne Fennell, 57, of Monastery Gate Green, Clondalkin, faces five charges of harassing Father Desmond Byrne at a Clondalkin address between September and October 2006. She was sent forward from Dublin District Court to Dublin Circuit Criminal Court. Judge Martin Nolan set a trial date of January 20, 2016, with a pre‑trial date of December 4, 2015.
The High Court will decide on Monday whether to grant University College Cork's request for an injunction that would stop SIPTU and IFUT employees from picketing six of the twelve entrances to UCC's main campus next week. The college argues that the planned picketing, linked to a long‑running pay dispute at the Tyndall National Institute, would be an escalation that could disrupt staff and, more importantly, students taking exams. SIPTU contends it has the right to picket the entrances and that the action would not affect examinations, describing UCC's concerns as alarmist. The judge, Mr Justice Paul Gilligan, heard submissions from both sides, noted the urgency, and reserved his decision, to be delivered on Monday. IFUT's general secretary attended the hearing but the union did not participate in the application. The case centres on whether the picketing is a legitimate trade dispute action or an attempt to coerce non‑involved staff.
In May 2015 the High Court was asked to set aside the appointment of a voluntary liquidator to The Carlyle Institute Ltd., a private third‑level college that had closed in early April. Mr Justice Paul Gilligan had appointed Declan de Lacy of PKF O'Connor Leddy & Holmes as provisional liquidator on an ex‑parte basis after learning that many former students were concerned about the college's conduct. One student, Ching‑Hsiu Huang of Killiney, claimed she was owed €1,500 in fees and petitioned the court. On 24 April, the day after de Lacy's appointment, the company held a creditors' meeting and purportedly appointed Desmond Murrows and Neil Hughes as liquidators. Huang's solicitor, Peter Louis Boyle, argued that the meeting was held while the provisional liquidator was already in place and that votes from student creditors, including Huang's, were disallowed.
In a Dublin Circuit Criminal Court hearing, Garda Karen Duffy was injured when a stolen Nissan Micra, driven by 19‑year‑old Eoin Murphy, struck her patrol car's passenger door. The impact broke Duffy's nose and left a six‑centimetre scar on her forehead after 30 stitches. Murphy, who had 30 prior convictions including three for car theft, pleaded guilty to reckless endangerment and unlawful use of a car. He claimed he was "stoned" on tablets that night. Duffy suffered severe bruising, a cut to the back of her head, a broken nose, and post‑traumatic stress disorder. The judge adjourned the case to the next month and requested a Probation Services report. The court noted that Duffy would be compensated under the Garda Compensation Scheme. The case remains at the pleading stage.
In a High Court hearing on 6 May 2015, the court dismissed Alan Toal's attempt to stop an internal disciplinary tribunal from imposing sanctions on him. Toal had previously been found by the tribunal to have breached the barristers' code of conduct, including taking money from a former client in 2010, failing to engage with internal inquiries and berating the client. He sought an injunction to prevent the tribunal from deciding on a sanction hearing held in July. Toal's lawyers argued that because all superior court judges are benchers of the Honourable Society of Kings Inns, they were parties to any action against the tribunal and should be recused. Judge David Keane refused to adjourn or recuse himself, declined to refer the matter to the European Court, and allowed the disciplinary proceedings to continue. The judge also awarded the respondents' legal costs. The case remains at the disciplinary stage, with Toal's appeal dismissed and the tribunal's proceedings proceeding.
In a High Court settlement on 6 May 2015, a mother and her young son, who had been in foster care more than three years earlier, agreed to receive €40,000 from the Health Services Executive (HSE) to resolve defamation and privacy claims. The mother alleged that foster parents had posted false, highly defamatory remarks about her on Facebook in early 2012, including pictures of the child, and that the HSE had breached privacy, confidence and statutory duties by allowing such posts. She claimed the posts caused ridicule, contempt and damage to her character, and that her constitutional and European Convention rights to privacy were violated. The son also alleged a breach of privacy. The HSE was accused of negligence for failing to train foster parents on social media use or provide a policy.
Alan Toal Bl, a barrister from Arklow, has brought High Court proceedings to stop an internal disciplinary tribunal from imposing sanctions on him, arguing that judges of the Superior courts cannot hear the case because they are effectively defendants. He claims that all judges are automatically benchers of the Honourable Society of the Kings Inns, the body that regulates barristers, and therefore cannot be independent. Toal seeks injunctions to prevent the Barristers Disciplinary Tribunal from deciding on his case after a sanction hearing in July, and to expunge certain complaints. The four respondents – the Barristers Disciplinary Tribunal, the General Council of the Bar Council of Ireland, the Professional Practices Committee of the Bar Council, and the Barristers Professional Conduct Tribunal – have opposed the action. Mr Justice David Keane dismissed applications to adjourn the case or recuse himself, stating there was no legal basis for the case to be held.
The High Court struck out a €50,000 defamation claim brought by 23‑year‑old Karl Morrison against Maxela Ltd, the operator of a Tallaght shop. Morrison alleged that the shop had displayed a poster on its front door with his picture and the words "Attention Shoplifters." He claimed the poster caused him to lose his address and employment. Maxela denied ever putting up such a poster, stating the shop had no shop‑lifting issues and that any posters were related to a sub‑tenant. The court found Morrison had failed to prove his claim, citing lack of credible evidence and confusion in his testimony. The judge dismissed the case, noting no order would be made regarding costs, and criticised the defence for insufficient preparation. No further orders were issued.
The Commercial Court has dismissed a legal challenge brought by People Over Wind and Environmental Action Alliance Ireland against An Bord Pleanala's decision to grant planning permission for a wind farm in the Midlands. The applicants sought to quash the Board's June 13th decision allowing Coillte Teoranta to construct 18 wind turbines near Cullenagh, Co Laois. They alleged the Board failed to conduct a proper environmental impact assessment, did not provide adequate reasons for its decision, and ignored Laois County Council's refusal and the Board's inspector's recommendation to refuse permission. An Bord Pleanala rejected these claims, arguing its decision should remain undisturbed. Coillte Teoranta, the Department of Arts, Heritage and the Gaeltacht, and Laois County Council were notice parties. In a detailed judgment, Mr Justice Robert Haughton dismissed all grounds of the claim. He found that the Board carried out a proper appropriate assessment that engaged with all observations and included sufficient findings and analysis. The judge also rejected submissions that the Board failed to assess the development using the best scientific knowledge available or materially contravened the Co Laois development plan. Following his decision, the judge adjourned the matter to a date later this month to allow the parties to digest his decision.
Sarah Nolan, a 22‑year‑old science student from Blackrock, pleaded guilty to assault causing harm after she threw a glass at student nurse Hannah Foster at a Temple Bar nightclub on 23 September 2011. Nolan claimed she intended only to splash water over Foster, who was speaking to Nolan's late boyfriend, Ciaran Carr, but the glass struck Foster's mouth, damaging her teeth and causing nerve injury. Foster was treated at Dublin Dental University Hospital and requires costly ongoing care. Nolan, who was in her final year at Tallaght IT and had earned an An Gaisce President's Award, paid €5,000 in compensation and was sentenced to one year in prison, suspended for two years, with an additional €3,000 compensation order. The judge noted the reckless nature of the act and the pain inflicted on Foster.
In the Dublin Circuit Criminal Court on 1 May 2015, five men—Brian Mongan (30), Martin Mongan (39), Simon Reilly (28), Anthony Reilly (25) and Patrick Reilly (23)—pleaded guilty to violent disorder at The Castle Inn pub in Rathfarnham on 16 October 2012. The incident began when Brian Mongan spilled a drink over Simon Reilly, leading to a confrontation that escalated into a riot involving 40 to 50 men and women. CCTV captured the men throwing glasses, chairs, fire extinguishers and other furniture, causing over €26,000 of damage. Judge Martin Nolan described the event as "12 minutes of mayhem, violence, aggression and anarchy." He imposed three‑year suspended sentences on each defendant, ordered them to pay €8,700 in restitution to the pub owners, and gave them 12 months to raise an additional €5,400. The men were otherwise described as of good character but acted "grossly reprehensibly.".
The High Court has been asked to overturn a €50,000 defamation award against Maxela Ltd, the operator of the retail unit Rasputin in Tallaght Village. Judge Raymond Groarke awarded Karl Morrison €50,000 after finding that the shop had defamed him by placing a picture of the 23‑year‑old on its door with the words "Attention Shoplifters." Morrison claimed he saw the poster in June 2011, informed his uncles, and asked staff to remove it. The staff refused and gave him a manager's number, which he called to no avail. Morrison said the poster caused him distress, forced him to leave his address, and harmed his job prospects. Maxela Ltd denies defamation and has appealed the Circuit Court's decision to the High Court, where the case is now before President Nicholas Kearns. The case continues.