The High Court heard that Garda Commissioner Nóirín O'Sullivan denies claims by Asst Commissioner John Fintan Fanning that she asked him about his views on 'left wing political extremism in Ireland' and left wing politicians during interviews for the position of Deputy Commissioner. Asst Commissioner Fanning initiated High Court action, alleging an 'unfair' competition for the post and claiming he was 'taken aback' and 'uncomfortable' at being asked such questions. He also claims Commissioner O'Sullivan should have declared a potential conflict of interest prior to the interviews and recused herself from them. The case is against the Public Appointments Service, Ireland and the Attorney General. Asst Commissioner Fanning seeks an injunction to restrain the PAS from taking further steps in appointing any persons as Deputy Commissioner pending the outcome of his case, and also seeks declarations that the procedures adopted for recruitment to that post infringed his constitutional rights, including to fair procedures and natural justice. The matter was adjourned for one week for mention only, to see if a date for the hearing of the injunction application can be fixed. Counsel for the respondents said they are prepared to give an undertaking not to appoint any persons as Deputy Commissioner until the injunction application is heard.
The High Court was asked to impose restriction orders on model and TV presenter Glenda Gilson and her brother Damien Gilson, both directors of Gilson Motor Company Ltd. The company, which traded high‑value vehicles and ran a parking and valeting service, was wound up in 2011 after failing to pay €141,937 in taxes. Liquidator Mr Gary Lennon, appointed by the court, sought a five‑year disqualification for Damien under Section 160 of the Companies Act and, alternatively, a five‑year restriction on Glenda under Section 150, limiting her ability to become a director unless capital requirements were met. Glenda opposed the application; Damien, unemployed and unrepresented, did not oppose. The liquidator argued that neither sibling acted honestly or responsibly, that the company kept no proper books, and that funds were diverted to defraud Revenue.
In a High Court judgment, Mr Justice Nicholas Kearns ordered the demolition of Gregory Kinsella's wooden chalet on the N81 in Tinode, Blessington, after finding it breached planning laws. The chalet, built without permission, was owned by Kinsella and his sister Gillian. Wicklow County Council had sought demolition under Section 160 of the 2000 Planning and Development Act. Kinsella agreed to have the chalet demolished by 31 January 2016, and the judge welcomed the agreement, noting it brought the matter to an end. The judge declined to make a costs order, citing the special circumstances of the case, including a prior High Court decision on a similar chalet near Lough Dan. The judgment emphasized the importance of planning control to prevent unlawful development. The chalet was located on the busy N81 between Tallaght and Blessington. The court's order was made in 2015, with demolition to occur in early 2016.
Ms Nataliya Matviyenko, a 39‑year‑old naturalised Irish citizen, sued the State after a security check at Castlerea Prison on 6 May 2009. She claimed a prison officer told her to remove her jeans because of metal studs, and she believed she had to take off her trousers. She complied, dropped her jeans, and her underwear fell, leaving her briefly exposed. The officer, Ciaran Croghan, said she was never asked to remove her trousers; he had asked her to remove her shoes. The judge accepted Ms Matviyenko's genuine belief that she was told to remove her jeans but found the State had not breached its duty of care, as it was not reasonably foreseeable that she would react as she did. The court dismissed her damages claim and made no order for costs. The case was heard by Mr Justice Paul Gilligan.
On 23 April 2015, Mr Justice Paul Gilligan of the High Court appointed Declan de Lacy of PKF O'Connor Leddy & Holmes as provisional liquidator for The Carlyle Institute Ltd, a private third‑level college in Dublin that had ceased trading earlier that month. The appointment was made ex parte after the court was informed that many former students were concerned about the company's conduct. A creditors' meeting was scheduled for the following day, but students, led by Ching‑Hsiu Huang of Killiney, opposed a liquidator nominated by the college. Huang, one of 200 students who had paid fees, claimed €1,500 was owed to her; other students and the Irish Council of International Students (ICOS) claimed a total of €237,000. The students argued that the college had accepted payments just before closure, may have transferred €60,000 to another institution, and that student records were inconsistent with accredited bodies, potentially affecting award entitlements.
In a Dublin Circuit Criminal Court hearing on 21 April 2015, Ulster Bank presented evidence that several individuals had withdrawn money fraudulently during a software failure that allowed ATM withdrawals even when accounts were empty. The court heard that Titilayo Kilanko, aged 38, had pleaded guilty to ten counts of theft for making 115 fraudulent withdrawals totalling €57,708 from Ulster Bank ATMs in Dublin between June 2012 and the time of her arrest. Kilanko claimed the money was used to pay for her father's kidney transplant in Nigeria, where she had flown with the cash and converted it to naira. She had repaid €4,600 and was continuing to pay €100 a week, with a plan to increase to €200. The judge adjourned sentencing to allow the defence to obtain medical records from Nigeria. The case highlighted the bank's decision to prosecute other offenders who failed to repay the withdrawn sums.
The National Bus and Rail Workers Union (NBRU) and member Pauric Wall have launched a High Court challenge against the National Transport Authority (NTA). The applicants, who include Dublin Bus and Bus Eireann as parties whose routes are affected, seek to quash three NTA decisions made on January 22 regarding the tendering of approximately 30 routes in Dublin and Waterford City. The NBRU alleges that the NTA's decision to invite tenders breaches exclusive operating rights conferred under the Dublin Transport Authority Act 2008 and that the NTA acted outside its powers. The union claims the NTA incorrectly interpreted an EU Regulation, which it argues does not mandate the privatisation of public passenger transport services. The applicants seek declarations that the NTA's decisions are null and void. In response, NTA lawyers stated the authority is entitled to make the tendering decisions. The court heard that contract notices have been issued, with awards due in April 2016. Mr Justice Seamus Noonan granted permission to bring the action on an ex parte basis. The matter was adjourned and made returnable to a date in early June.
On Monday, the High Court adjudicated twelve individuals bankrupt, following the usual weekly list of 12‑20 cases. Justice Caroline Costello read the relevant documents in advance and made the decisions. After each adjudication, the Official Assignee takes control of the bankrupt's assets. The court also approved statutory sittings for sixteen people who had already been declared bankrupt, allowing creditors to attend and have their debts included. Most petitions were brought by the individuals themselves, who were mainly in their thirties and early forties, including a few couples. The average debt was around €250,000, largely owed to banks and financial institutions. Mr David Hall, CEO of the Irish Mortgage Holders Organisation, noted that many people are seeking bankruptcy "through no fault of their own" and called for a reduction of the bankruptcy term from three to one year, a proposal supported by the Labour Party but opposed by Fine Gael.
Dr Liam Glynn, a GP practising in Ballyvaughan and Fanore, Co Clare, has filed a High Court action against the HSE after it ruled he was no longer eligible for the Rural Practice Allowance. The scheme pays doctors who work in rural centres with fewer than 500 residents and no town of 1,500 or more within three miles. Glynn's practice serves a panel of 766 patients and he argues that Ballyvaughan's population of 258 and the nearest 1,500‑plus town being ten miles away meet the scheme's criteria. He claims the HSE used incorrect criteria and that the decision has left his practice financially unsustainable. Glynn seeks injunctions to prevent the HSE from terminating or altering his 2005 contract, to compel payment of the allowance, and to declare the HSE's decision null and void. The case was granted short‑notice service and is set for a return hearing next week.
In April 2015, a High Court challenge was filed against Permanent TSB's plan to raise €400 million through a share placing aimed at returning the bank to private ownership. The challenge was brought by three shareholders—Gerard Dowling, Padraig McManus and Piotr Skoczylas—who sought injunctions to stop the Irish Stock Exchange from listing the new shares, to prevent the company from issuing ordinary shares to repay a contingent bond due in July 2016, and to halt the sale of non‑core assets until a general meeting approved them. The assets in question include €5 billion of the Group's Capital Home Loans mortgage book and €1.5 billion of commercial property‑related loans. The proceedings also named Permanent TSB Group Holdings plc, its board members including CEO Jeremy Masding, and the Irish Stock Exchange plc. Mr Justice Paul Gilligan granted the shareholders permission to serve short service of proceedings, with the case set for a return next week.
The High Court has made an order preventing a solicitor from practising for ten years following admissions of professional misconduct. Mr Patrick E Callanan, who has been a solicitor since 1995 and formerly practised at Wells & O'Carroll Solicitors on Main Street in Carrickmacross, County Monaghan, admitted providing false earnings certificates and false employment documentation to several financial institutions to assist his sister in obtaining a mortgage in 2004. He also admitted giving multiple undertakings to lending institutions regarding property charges in Carrickmacross. A Solicitor's Disciplinary Tribunal had found his conduct amounted to misconduct and recommended restrictions on his practice. However, the Law Society applied to the High Court for his removal from the Roll of Solicitors, citing public protection and professional reputation. High Court President Mr Justice Nicholas Kearns imposed a ten-year ban on practice, with any future return to the profession requiring fresh court application.
The High Court will deliver a judgement on Thursday regarding an application by retired solicitor Brian O'Donnell and his wife Dr Mary Patricia to have their bankruptcy annulled. The O'Donnells were declared bankrupt by the High Court in August 2013, a decision upheld by the Supreme Court in February 2014. The Bank of Ireland sought the bankruptcy after the couple failed to satisfy a €71.5 million judgement obtained against them for loans advanced for property investment. In their latest challenge, the O'Donnells argue that the bankruptcy should be set aside on several grounds, including that the bank involved was Bank of Ireland Private Banking, which they claim is not a licensed bank. The Bank opposed the application, arguing the bankruptcy should remain in force. Ms Justice Caroline Costello said she would give her decision on Thursday and would also hear issues raised by the O'Donnell's four children on May 19th.
In a High Court hearing on 27 March 2015, a male prisoner on a nearly 50‑day hunger strike over his detention conditions was examined. The prisoner, whose identity is protected, is serving a long sentence for burglary and assault and has a substantial criminal record. He has mental health difficulties and a troubled upbringing. He has lost significant weight and is at risk of coma and death. The State seeks a declaration that the prisoner has the capacity to refuse all medical assistance if he becomes incapable of making a decision, and that the prison authorities' decision not to force‑feed him is lawful. The prisoner, in solitary confinement for over three years, demands that his meals be served by staff, not other inmates, and that two officers escort him during his hour in the exercise yard. The prison offered alternative meal arrangements and a different unit, which he declined.
Paul O'Shea, a farmer from Castledermott, Co. Kildare, was committed to Mountjoy Prison in January 2015 after a High Court finding that he had breached orders not to interfere with the work of receiver Mr George Maloney, who was appointed by Dankse Bank to sell O'Shea's 31‑hectare fields that were secured against a mortgage. O'Shea's detention has been challenged by Land League activist Jerry Beades, who argued that the warrant under which he is held is defective and that he was not informed of the reasons for his arrest. The State, represented by Tony McGillicuddy Bl, opposed the application, asserting the warrant was valid. Mr Justice Paul Gilligan adjourned the Article 40 proceedings to clarify procedural matters, noting that documentation was being presented piecemeal. The case remains pending, with the court scheduled to resume on Friday. The High Court had earlier ruled that O'Shea was in contempt of court and ordered his committal until he purged his contempt.
In a High Court hearing on 26 March 2015, alleged trespassers at several Grangegorman properties claimed that Lord Mayor Christy Burke had approved works carried out by them. The properties are subject to proceedings by NAMA‑appointed receiver Luke Charleton, who seeks orders to prevent trespass by "Persons Unknown." The trespassers, including James Sutherland, Stephen Bedford and Gréum Ná Hearadh, presented themselves in court and described their activities: a garden, an art gallery, a café, a circus workshop and biomass‑powered underfloor heating in a warehouse. They argued that the site had been derelict and that their occupation had stopped anti‑social behaviour such as underage drinking and noise. Hearadh said the work had received approval from local residents and the mayor, and invited the judge to visit. The trespassers opposed an application by solicitor Graham O'Doherty, who represents Charleton and seeks to assert his client's entitlement to the properties. O'Doherty cited insurance and health‑safety concerns.
Sean Dunne, a developer now based in the United States, has taken his appeal to the Supreme Court after the High Court refused to set aside his Irish bankruptcy. Dunne's lawyers, led by Bill Shipsey SC, argue that Irish law does not permit a double bankruptcy in different jurisdictions, citing that he was already declared bankrupt in the United States. They also contend that there are no Irish protocols allowing an Irish Official Assignee to work alongside a U.S. trustee in managing his estate. The appeal faces opposition from Ulster Bank and NAMA, Dunne's largest creditors, who maintain that the Irish adjudication should remain intact. The Supreme Court hearing, presided over by Chief Justice Susan Denham, Justice Mary Laffoy and Justice Peter Charleton, is scheduled to resume and is expected to conclude later tomorrow. The case highlights the conflict between Irish and U.S.
In a 2015 Dublin Circuit Criminal Court case, Suzanne O'Connell (42) and Daniel McMahon (23) pleaded guilty to the armed robbery of an Applegreen petrol station in Clonsilla on 19 September 2013. O'Connell, acting as getaway driver, had met McMahon that night and picked him up with a third man. The trio entered the shop wearing balaclavas; McMahon brandished a pellet gun that was a convincing replica of a 6mm Colt handgun, while the other man held a knife. They demanded cash, filled a plastic bag with about €800, and fled. Gardaí, who had followed O'Connell's car, arrested all three. McMahon claimed he did not know O'Connell prior to the robbery. Both defendants had no prior convictions, and O'Connell's past offences were traffic and a 2002 drug‑dealing charge. Judge Martin Nolan imposed a suspended five‑year prison term on each, contingent on maintaining peace for that period, citing their personal circumstances, guilty pleas, and cooperation with police.
Wicklow County Council has asked the High Court to order the demolition of a wooden chalet at Tinode, Blessington, which the council says was built without planning permission on land owned by Gregory and Gillian Kinsella. The chalet sits on a site that already had an old cottage and is located on the busy N‑81 road. The council seeks orders under Section 160 of the 2000 Planning and Development Act to remove the concrete base and timber structure. The Kinsellas argue they had a right to build the chalet as a replacement for the earlier cottage and that they would use only one dwelling on the site. The council cites a prior warning letter and a refusal of a retention application, and argues the chalet poses a traffic hazard. The case is pending, with the judge reserving his decision until after Easter.
In a High Court hearing on 16 March 2015, Anglo Beef Processors Ireland (Silvercrest Foods) sued Polish company Food Service SP.z.o.o. for damages over two beef consignments allegedly contaminated with horse meat, delivered on 5 December 2012 and 7 January 2013. The claim was based on breach of contract. Food Service denied the allegations, arguing the consignments were transported by a third‑party company and that the product placed on the lorry in Poland was not what arrived in Ireland, suggesting substitution by unknown persons. ABP sought documents on security measures throughout the production and delivery chain, and on any frozen beef consignments sold between July 2012 and June 2013 that contained horse meat. Food Service opposed the request, claiming it could not provide transport‑company documents and that other consignments were irrelevant.
In March 2015 the High Court ordered the winding up of Oman Resources Ltd, an Irish‑registered mining and exploration company incorporated in 2008. The court found the company insolvent and unable to meet its debts as they fell due. Mr Justice Paul Gilligan appointed Kieran Wallace of KPMG as liquidator and directed the directors to file a statement of affairs within 21 days. The winding up was prompted by a petition from The Niche Group Plc, which had loaned the company £18.6 million in four facilities between May 2010 and April 2011. The Niche Group had issued a letter of demand for repayment, which Oman Resources failed to honour. The company had initially opposed the application but later consented to the appointment of a liquidator. The Irish Revenue Commissioners were also parties to the proceedings. The case was listed before the Examiner's Court in April 2015.
A 26‑year‑old systems analyst, Colum Hanlon, pleaded guilty to assaulting Jack Larkin on 15 November 2013 at Camden Street, Dublin. The unprovoked punch broke Larkin's nose, sinus bone and left eye socket. Hanlon, who claimed he was very drunk and had no recollection of the attack, received a three‑year suspended sentence from Judge Martin Nolan. The judge described the assault as a "spasm of misplaced jealousy" and noted that alcohol was not an excuse. Hanlon was ordered to pay €10,000 in compensation to Larkin and to raise an additional €5,000 within 18 months. Larkin suffered severe injuries, required surgery, and missed final year studies at St Patrick's Teacher Training College. The case was heard at Dublin Circuit Criminal Court, with no prior convictions for Hanlon. The judge accepted his remorse and considered the incident a one‑off.
Stephen Dolan, aged 20, pleaded guilty in Dublin Circuit Criminal Court to assaulting taxi driver Mohammed Maeem and robbing €90 from The Snuffbox newsagents. On 5 September 2014, Dolan directed Maeem to remote roads outside Finglas, punched him twice in the face, and later robbed the newsagents the day before. Maeem suffered a deep forehead gash, swollen lip, bruising and required stitches; he has since lost a month's earnings. Dolan admitted taking prescription drugs and was described by a newsagent as "an absolute idiot." The court sentenced him to four years, with the final year suspended, citing his 45 previous convictions and attempts to reform. The judge described the assault as sinister and noted Dolan's ADHD and dysfunctional background. The sentence reflects the seriousness of the assault and robbery.
RTE has filed a lawsuit against TV3, seeking roughly €1 million in unpaid fees for digital transmission services. The case was admitted to the Commercial Court on Monday by Mr Justice Brian McGovern following a consent between the parties. RTE, represented by Cian Ferriter SC, claims €734,000 for 2013 DTT multiplexing and transmission services and an additional €287,000 for 2014 services, arguing that TV3 has failed to pay the amounts owed. TV3, represented by Maurice Collins SC, has a defence to the claim. RTE alleges that TV3's refusal to pay the outstanding sums will have commercial consequences and that TV3 relies on RTE's transmission services for its digital broadcasts. RTE cites a January ComReg review that confirmed the tariffs were correctly calculated, yet TV3 has not settled the debts. The dispute is set to return to court later this year.
Helen Conlan, administrator of the estate of the late Mrs Patricia Cosgrave, brought a case in the Commercial Court seeking to enforce an alleged agreement with Allied Irish Bank (AIB) that would have written off €11.2m of debt after the first three loan facilities were repaid. Mrs Cosgrave, who died in November 2014 at age 78, had secured four credit facilities from AIB totalling almost €70m. The first three facilities were €43.8m, €14.729m and €160,000; the fourth was €11.25m. Conlan claims that in May 2014 the parties reached an agreement that, if the first three facilities were paid in full before the due date, AIB would forgive the fourth facility. She argues that after her mother's death AIB refused to allow early repayment of the first three facilities and is demanding full repayment of all four.
The High Court approved a Personal Insolvency Arrangement for 71‑year‑old Tony McAuliffe, a retired businessman with €10 million in liabilities. Under the 2012 Personal Insolvency Act, the judge sanctioned a scheme that will pay creditors roughly one cent per euro owed. The arrangement was deemed approved because no creditors voted at a meeting held just before Christmas, giving the scheme automatic approval under Section 108. McAuliffe's creditors include Investec Bank, owed €8.56 million, and Kildare Credit Union, owed €163 000. His monthly pension of about €1,000 allows him to contribute €314 per month, totalling €103,700 over 12 months. A family loan of €100 000 is also available to pay creditors. The judge noted that the dividend under the PIA is higher than what creditors would receive if McAuliffe were declared bankrupt, and that bankruptcy costs are higher than the fixed costs of personal insolvency.
In 2015 the Supreme Court overturned a 2010 High Court ruling that Dublin Bus had breached a statutory duty under the 1993 Health Safety at Work Regulations to provide safe equipment to its drivers. Vincent Thompson, 54, had sued Dublin Bus and South Dublin County Council after a pneumatic suspension failure on a speed ramp on 27 September 2005 caused neck and lower‑back injuries. The High Court had found that the regulations imposed an absolute duty on employers to ensure equipment was suitable and safe, and awarded Thompson €75,911 in damages. Dublin Bus appealed, and the Supreme Court, in a unanimous judgment by Ms Justice Elizabeth Dunne, held that no breach of statutory duty had occurred. The court said Dublin Bus had taken the necessary measures to minimise risk, and that the regulations do not impose absolute liability on employers. The case will be revisited later in the year to address remaining matters.
In a case heard at the Dublin Circuit Criminal Court, Alan Lee, a 45‑year‑old bin lorry driver from Greenfort Avenue, Clondalkin, pleaded guilty to careless driving that caused serious bodily harm to cyclist Tim O'Herilihy on 26 October 2012. Lee was driving a refuse collection truck when he cut in front of O'Herilihy at the Killiney Towers Roundabout, which had recently been altered to give cyclists the right of way at exits. O'Herilihy, cycling on the roundabout's cycle path, was struck, suffering broken ribs, a shattered pelvis, a broken ankle and internal bleeding, requiring five operations over six months. Judge Martin Nolan, surprised by the drastic changes to the roundabout's rules, decided not to disqualify Lee from driving, citing the lack of clear signage and the potential injustice of disqualification. He imposed a €500 fine. The court noted that the roundabout had been reverted to its previous system after the incident.
In Balbriggan District Court, Derek Guildea, 51, received a four‑month suspended sentence after pleading guilty to unlawfully possessing a combat knife at Balbriggan Garda Station on 24 October last year. The knife, described as a four‑inch blade, was found strapped to his right ankle when he entered the station. Sergeant Tony Tighe reported that Guildea approached the station aggressively, reached for the knife, and was stopped by Garda Paul McGeough before he could fully draw it. Guildea, who has 13 prior convictions, claimed he was bringing the knife to hand it over to the gardai and had no intention of using it criminally. Defence solicitor Fiona D'Arcy explained that he had been dealing with mental health issues and had lost weight due to stress. Judge Dermot Dempsey imposed a two‑year peace bond on Guildea in addition to the suspended sentence.
In 2015 the Supreme Court dismissed an appeal by Mrs. Mary Stokes, mother of John Stokes, who had been refused admission to CBS High School, Clonmel. The school's policy gave preference to children of former pupils, Catholics, and those who had attended a local feeder school. John met the latter two criteria but not the first, as his father had not attended the school. After a lottery he was not admitted and attended another school. Mrs. Stokes argued the policy discriminated against Traveller children. The Equality Tribunal found the rule disproportionately affected Travellers and ordered the school to offer John a place and review its policy. The school appealed to the Circuit Court, which set aside the Tribunal's order, and the case progressed through the High Court, where the decision was upheld. The Supreme Court held that there was insufficient evidence to show the rule caused a particular disadvantage to Travellers and therefore dismissed the appeal.
Meath Community Rural and Social Development Partnership Ltd, an applicant operating under the European Union's Rural Development Programme, brought a High Court challenge against the Minister for Environment Community and Local Government. The partnership seeks to quash findings in a Ministerial report alleging that €535,173 in payments to various projects were irregular and ineligible for funding. Counsel for the applicant, Niamh Hyland SC, argued that the report is unreasonable and irrational, noting that it failed to consider the partnership's submissions and included new allegations without affording the opportunity to address them. The partnership rejects any allegations of wrongdoing and seeks declarations that the findings are invalid, breach natural justice, and lack proper reasoning. It also requested an injunction restraining the Minister from publishing the report. At the hearing, Mr Justice Seamus Noonan granted permission to bring the action on an ex-parte basis. The judge ordered the matter to be returnable in two weeks and imposed a stay on the publication of the report until the case returns before the court. The procedural stage was a hearing where the judge made a decision on the application for permission and interim relief.
In a 2015 Irish High Court ruling, Justice Marie Baker ordered Playboy Enterprises International to provide specific documentation and clarify parts of its copyright claim against the Irish entertainment website entertainment.ie. Playboy alleged that the site had posted a link to exclusive photographs of model Kate Moss, taken for the magazine's 60th anniversary edition, without permission. The judge required Playboy to answer questions about the alleged breach of copyright and to supply the defendants with the photographs used in the 60th anniversary edition, including the cover photo and 29 additional images. Playboy's objections to furnishing these images were rejected, as the judge deemed it in the interests of proper litigation and cost‑effective proceedings. The judge also ruled that other aspects of Playboy's claim—such as alleged interference with economic relations, breach of contract, and breach of trademark—did not need further particulars and were sufficient for the defendant to plead. The matter was adjourned for two weeks.
In a High Court ruling on 19 February 2015, Mr Justice Paul Gilligan committed five water‑meter protesters to prison for contempt of court after they breached a 20‑metre exclusion zone around GMC Sierra installation sites. The court found the protesters' actions amounted to harassment and intimidation of GMC Sierra workers, who had been threatened during meter installation. Damien O'Neill (46) of Coolock and Paul Moore (age not stated) were sentenced to 56 days' imprisonment, the second finding of contempt against them. Mother‑of‑three Bernie Hughes (age not stated) of Finglas, father‑of‑two Derek Byrne (36) of Donaghmede, and father‑of‑three Michael Batty (64) of Raheny were sentenced to 28 days' imprisonment, though Batty's committal was stayed until Tuesday due to his health‑related absence from Ireland. The judge awarded GMC Sierra costs for the five respondents. No other protesters were found in contempt, and the court denied relief to two others.
The High Court found five water‑meter protesters in contempt of court for entering a 20‑metre exclusion zone around water‑installation works, as ordered on 5 November 2014. The five named protesters were Damien O'Neill, Paul Moore, Bernie Hughes, Michael Batty and Derek Byrne. Mr Justice Paul Gilligan said a decision on whether to fine or imprison them would be made at 2 p.m. that afternoon. The court was told that the protesters had been previously ordered not to approach the contractors' vehicles or the entrance and exit of the company's premises. Two other protesters, Mark Egan and Richie Larkin, were not found to have breached the order, and the application for relief against them was refused. All the named protesters were present in court, except Michael Batty, who was excused due to chronic asthma. The company had secured the orders after its workers reported harassment and threats while installing meters in certain areas.
Adam Busby, aged 65 and confined to a wheelchair due to multiple sclerosis, was extradited from Ireland to the United Kingdom after a European Arrest Warrant was issued in July 2012. The extradition followed a High Court order in 2013 and a Supreme Court decision in December 2014 that cleared the way for his surrender, though a short stay was granted. Busby is wanted on terrorism charges that include hoax bomb and poison threats. Between November 2009 and June 2010 he allegedly telephoned Scottish newspapers and agencies, threatening to contaminate drinking water in major UK towns, to send caustic packages to public figures including former Prime Minister Gordon Brown, and to detonate bombs at the Argyll Arcade, Hilton Hotel, Forth Road Bridge and Erskine Bridge. He claimed to act for the Scottish National Liberation Army, a group founded in 1980 to use intimidation for Scottish independence.
In a High Court case, Declan Moriarty, general manager of the Kilkenny River Court Hotel, claimed he was summarily dismissed on 3 February 2024, alleging breach of the hotel's own procedures. He sought an injunction against Neville Hotels Ltd, trading as the River Court, and William Neville and Sons to prevent his dismissal. Mr Justice Paul Gilligan had previously granted Mr Moriarty permission to serve the proceedings at short notice. The case returned before the court on Wednesday, where Peter Ward SC, representing Mr Moriarty, announced that the entire proceedings had been settled and could be struck out without an order. No settlement details were disclosed. Earlier, the defendants had written that Mr Moriarty's dismissal was lawful, citing a review of his performance and a failure to meet required standards. They also noted that the hotel's takeover by Nevilles last year had increased the workload, which Mr Moriarty had carried out.
A 16‑year‑old who hijacked a taxi in Dublin armed with a meat cleaver received a two‑and‑a‑half‑year suspended sentence. The teenager, who cannot be named, pleaded guilty to unlawful possession of a BMW, robbery and production of a knife in Terenure on 18 May 2014. At the time of the offence he was 15 and lived in a care home. He had a prior theft conviction. His defence lawyer, Ronan Kennedy BL, noted that he was accompanied by his mother, a social worker and his sports coach, who is a role model. Judge Martin Nolan emphasised rehabilitation, suspending the sentence and warning that failure to change would lead to future custody. Garda Lee Hunt described the incident: the boy demanded money, threatened the driver with a four‑inch meat cleaver, fled, crashed into another taxi, was chased and arrested, and the cleaver was recovered from him.
A male nurse has obtained permission from a High Court judge to file an action seeking to halt an investigation by An Bord Altranais into allegations of misconduct made against him by a former patient. The allegations stem from an incident at a medical facility where the nurse worked, dating back about eight years, and a formal complaint was lodged in 2009. The nurse, represented by counsel, denies all allegations and argues that significant delays in the investigation have jeopardised his right to a fair hearing, preventing him from obtaining essential documents such as telephone records and details of prior complaints by the same complainant. He claims the delays have also breached his constitutional rights and harmed his health, leading him to undertake not to work as a nurse.
David Flynn, a 42‑year‑old father of three from York Street, Dublin, was convicted of arson at the Nirvana head shop on Capel Street on 12 February 2010. He set the shop on fire because he held a grudge over his brother's drug‑related death, which the court said may have involved the shop's sale of drugs. CCTV footage showed Flynn with another man and later with bolt cutters entering the shop's side gate. The blaze caused €1 million in damage, forced residents to evacuate, and closed a busy city‑centre street for days. Five Dublin Fire Brigade units were required to control the flames, which also destroyed a neighbouring head shop and an adult store. Flynn pleaded guilty at Dublin Circuit Criminal Court and was sentenced to six years' imprisonment by Judge Martin Nolan, who noted his 65 previous convictions and his low risk of re‑offending.
In February 2015, Neilus Keogh, a 27‑year‑old former Limerick rugby player, pleaded guilty in the Dublin Circuit Criminal Court to assault causing harm after attacking Michael Frisby during a poker game at The Sporting Emporium Casino in Dublin. Keogh struck Frisby in the face and threw a chair, causing three broken facial bones and nerve damage that required surgery with metal plates and screws. Frisby's victim impact statement described being struck while lying unconscious. Keogh had previously been ordered by Judge Patrick McCartan to attend anger‑management counselling and to pay €10,000 to Frisby as a sign of remorse. The court imposed the Probation Act, so no conviction is recorded, and required Keogh to pay the €10,000. The case ended with Keogh's rugby contract not renewed and his subsequent employment as a labourer in London. The judge noted the loss of Keogh's career as a regrettable but inevitable consequence of his wrongdoing.
The High Court reserved judgement on a contempt of court case involving seven water‑charge protesters who may face jail or a fine for allegedly breaching a 20‑metre exclusion zone around water‑meter installation sites in Dublin. The court heard affidavits and viewed video footage supplied by GMC Sierra Ltd, the meter‑installation company, which claimed the protesters had entered the exclusion zone and interfered with workers. The seven named protesters were Damien O'Neill, Paul Moore, Bernie Hughes, Mark Egan, Richard Larkin, Michael Batty and Derek Byrne. GMC's lawyers presented surveillance footage from operatives and from a Facebook page, showing the protesters allegedly removing safety barriers and confronting workers. The court also heard an affidavit from Eoin Corrigan of First Pulse Ltd, who described threatening behaviour but admitted no video evidence existed. The case was scheduled for a decision by Judge Paul Gilligan on Thursday morning.
Jorge Garcia, a 41‑year‑old care assistant in Cheeverstown, Dublin, stole €960 from six intellectually disabled residents over six months by falsifying withdrawal forms and using a photocopied signature. He pleaded guilty to six counts out of 32 theft charges dated between 18 April and 8 August 2013. The court noted he had repaid the money and had no prior convictions. Garcia had been sending funds to Spain to support his elderly parents and had suffered financial pressure after a back injury and sick pay. Judge Desmond Hogan accepted his cooperation with the Gardaí, imposed a two‑year suspended sentence, ordered 240 hours of community service, and placed him under Probation Services supervision for 12 months. The case highlighted the vulnerability of the residents and the breach of trust by Garcia.
Stephen Devoy, aged 33, was given a three‑year suspended sentence after pleading guilty to threatening to kill Garda Sam Taylor on 26 February 2012. The court heard that Devoy had been extremely drunk and had been binging on a cocktail of drink and drugs for days after selling his car for €700. He was arrested outside Ned's pub on Townsend Street in the early hours of the morning. Devoy had no recollection of making the threats, but later made full admissions. He has 14 previous convictions, all dealt with in the District Court, including theft, public order offences and violent behaviour in a garda station. Judge Desmond Hogan noted that Devoy has been drug‑free for over a year and is attending Crumlin College studying Graphic & Web Design. He was also placed on a peace bond for three years and directed to undergo a drugs and alcohol treatment programme.
In February 2015 the High Court heard a case involving a woman in her forties who had refused food and fluids, hoping to be allowed to die. The Health Services Executive (HSE) had sought orders to force feed and provide fluids, citing doctors' concerns that she could die without nourishment. High Court President Nicholas Kearns granted the HSE orders, including one allowing force feeding and fluid administration. The woman's husband supported the application. During the hearing, counsel for the HSE reported that the woman was making progress, had agreed to fluid administration via a drip, and had rejected PEG feeding tubes. The court considered the woman's capacity to make a decision about ending her life, with conflicting expert testimony: two consultants said she lacked capacity, while a third disagreed. The court had previously issued orders in October, which were now being considered for striking out, with the possibility of re‑entering if needed.
Luke O'Connor, 25, from Cherry Orchard, Ballyfermot, pleaded guilty to attempted robbery of Boyles Sports in Park West, Dublin, on 31 March 2014. He had earlier that day lost money at the bookies and, under pressure, attempted to rob the shop. The cashier initially thought the threat was a joke until O'Connor held a tea towel to his face and pointed a gun at him. The cashier fled to the staff toilets, pressed the panic alarm and called Gardaí. O'Connor was later arrested at his home after CCTV footage was reviewed. He claimed the gun was a pellet gun left by his nephew, but it was not recovered. O'Connor had no prior convictions. Judge Martin Nolan sentenced him to a four‑year suspended sentence, noting the unusual nature of the offence and his good standing in the community. The cashier remains traumatised and has since found other work.
Mihail Lurescu, 28, of Thurles, pleaded guilty to assault causing harm to his former wife on 17 July 2013 in Dublin. The judge, Martin Nolan, sentenced him to a two‑and‑a‑half‑year suspended term after a three‑week pre‑sentencing custody period. Lurescu had previously been convicted of ten non‑violent offences. The assault involved repeated punches to the woman's head, a fracture to her cheekbone and bruising. He also took her mobile phone and threatened further violence. Garda Enda Muldoon reported that the victim was too frightened to return to her apartment. Lurescu admitted partial remorse, saying "a part of me is." The judge noted that alcohol was a factor but not an excuse. The couple, now legally separated, share a child. The sentence was imposed to deter future behaviour.
In a court report dated 10 February 2015, the publication corrected an earlier mistake. It stated that the decision on 11 July 2014, which quashed a restraining order against a man acquitted of harassment, was made by Ms. Justice Marie Baker, not by Judge Grainne Malone. The article apologized to Judge Malone for the error and the distress it caused her.
The High Court has set aside a previous decision permitting judicial review proceedings brought by a Mayo property developer against the National Asset Management Agency, the Irish Banking Resolution Corporation, and other State parties. Thomas McEvaddy Snr and his company had sought declarations that certain sections of the 2009 NAMA Act were unconstitutional and incompatible with the European Convention on Human Rights. The developer also challenged NAMA's authority to recover loans and alleged wrongdoing by Anglo Irish Bank, including improper placement of legal charges and an undrawn loan facility. Mr Justice Michael Peart concluded that some grounds were filed out of time whilst others lacked substantial factual foundation. The judge held that under the 2009 Act, no liability can attach to NAMA for alleged wrongs by participating institutions, and that claims regarding overcharging on interest could not proceed by judicial review. Claims against State respondents have been adjourned with liberty to re-enter.
The Supreme Court has unanimously dismissed an appeal by the Medical Council, upholding a High Court decision that overturned a finding of Poor Professional Performance (PPP) against Professor Martin Corbally, a distinguished consultant paediatrician. The case originated from a 2012 Fitness to Practise Committee decision where Professor Corbally was admonished for an error in his notes concerning a procedure for a two-year-old patient at Our Lady's Hospital Crumlin. Although he delegated the surgery to another doctor who performed an incorrect tongue-tie procedure instead of the required upper labial frenulum, Professor Corbally subsequently performed corrective surgery, and the child made a full recovery. In November 2013, Mr Justice Kearns in the High Court ruled that the error stemmed from hospital systems failures, specifically a computer menu limitation, rather than individual negligence. The Supreme Court, led by Chief Justice Hardiman, affirmed this view, stating the lapse was not serious and did not cause damage. The court's judgment provides the first judicial interpretation of PPP under the 2007 Medical Practitioners Act, clarifying that such findings require a serious lapse rather than a minor, non-causative error. This decision has significant implications for the regulation of medical professionals in Ireland.
A dispute over the alleged failure by insurers to pay out approximately €1.6m on a policy of a premises in Bray Co Wicklow that went on fire is to be fast tracked by the Commercial Court. The action has been brought by Veema Ltd, The Drive Cypress Downs Dublin 6w, which owns the Everest Centre, Castle Street, Bray Co Wicklow, against Great Lakes Reinsurance UK plc, of Fenchurch London, and insurance broker The Underwriting Exchange Ltd, Tower Street London. Veema says it has suffered a serious loss as a result of the insurances firm's alleged failure to pay out. The case was entered into the fast-track Commercial Court list today by Mr Justice Brian McGovern on the application of lawyers for Veema Ltd. In its action, Veema says it was furnished with a contract of insurance in respect of the Everest Centre by the broker, which was underwritten by Great Lakes Reinsurance. The policy was obtained in 2012. It claims that under the terms of the policy the premises was covered in the event of it suffering damage from fire. On July 15 2014 the Everest Centre, which has a number of tenants, accidentally caught fire. Veema says the fire occurred when a storage unit at the rear of the Everest Centre was being cleared. It says that a third party was allowed enter the property started to remove steel shelving. While using an angle grinder it is believed the third party accidentally set fire to the property. Veema says it believes its policy of insurance covered the damage. In its action it claims the insurers are not paying out because of an alleged change in tenancy, and occupation and use of the property that constituted an alternation of risk. The underwriters say they were never informed of the changes, which amount to breaches of conditions of the policy. In its action, Veema claims Great Lakes Reinsurance UK has breached the insurance policy following its alleged failure and refusal to pay out the sums insured for. It is also claimed Great Lakes has neglected to confirm it is prepared to indemnify Veema in respect of any claims against it by tenants of the property. It further claims the broker had a duty to warn them with of any unusual terms or interpretations that would be applied to the policy by the underwriter. The failure to warn Veema of such unusual terms was negligent, it is claimed. In its action Veema seeks various orders including one directing the underwriters to pay the sum necessary to reimburse the damage suffered by it caused by the fire. That figure has been estimated at €1.6m. Veema also seeks declarations including one it is entitled to an indemnity in respect of claims made against by the tenants of the Everest Centre in respect of the fire that took place last July.
In a fast‑track Commercial Court hearing, the Bank of Ireland Mortgage Bank sought a €2.8 million judgment against Kieran Carew and his wife Pauline Harty of Newbridge, County Kildare, for alleged failure to repay two loans drawn in late 2006. The first loan, €2.6 million, was used to purchase nine residential and buy‑to‑let properties and was to be repaid over 300 months, with the first seven years interest‑only. The second loan, €535,000, was intended to settle debts to another lender and was to be repaid over 168 months. The bank claims it engaged in discussions with the couple in late 2013 and early 2014, offered to amend the first loan's terms, but the couple did not accept.