A Co Longford car dealer has been fined €25,000 by the High Court for breaching court orders made in favour of the Revenue. Mr Justice Sean Ryan declined to activate a suspended prison sentence against Pauraig Kane, formerly associated with Kane Motors in Granard, but found he had deliberately contravened undertakings previously given to the court, albeit to a limited extent. The judge determined that a monetary penalty was more appropriate than imprisonment given mitigating circumstances. Kane owes the Revenue €5.2 million in unpaid taxes. The case forms part of longstanding disputes between Revenue and businesses operating at the Granard premises. The court was satisfied Kane failed to comply with conditions requiring the sale of properties and clearing of vehicles from the yard, though the judge accepted certain explanations for non-compliance and noted the car business is transitioning away from the location.
In a High Court case on 28 January 2015, REL Cooling Services Ltd, a Dublin‑based company that installs specialised beer and cider cooling systems for pubs, secured temporary injunctions against former employees David McDonald and Niall Rhattigan and their new company, Refrigeration Ecocool Ltd. REL alleges that McDonald and Rhattigan, while employed as regional sales managers, unlawfully used confidential client information to set up a rival business with identical initials. The injunctions, granted ex‑parte by Mr Justice Paul Gilligan, prohibit the defendants from directly or indirectly breaching REL's contracts with employees or customers, and from using REL's client or price information for their own benefit. REL claims the new firm is passing itself off as REL and is harming the company's business. The injunctions are temporary and the matter is set to return to court early next week.
In a High Court proceeding, world‑renowned musician Sharon Shannon and her manager John Dunford consented to a judgement of €520,057 against them. Permanent TSB had lent the pair €402,000 in November 2006 under an Endowment Residential Business Loan, to be repaid in monthly instalments of just over €1,650 over 20 years. In June 2010 the bank noted two missed repayments, after which the entire balance became due. By 2012 the bank demanded full repayment, claiming the defendants had failed to pay back the principal plus interest. The Master of the High Court, Edmund Honohan, accepted the consent and placed a six‑month stay on execution of the judgement order, which the parties had agreed to. The case remains at the judgement stage.
In a High Court case involving BM Formula Ltd, a company set up to sell baby milk formula to China, two shareholders, Paschal Bergin and Sean Bradshaw, obtained injunctions against fellow shareholders Patrick Flanagan and Frans de Ru. The injunctions barred Flanagan and de Ru from marketing, dealing in, selling, or promoting the company's formula, and from alienating any interest in the firm. Bergin later posted a €1 million bond to cover potential damages. On 27 January 2015, the parties reached an agreement. The court granted a permanent order restraining the respondents from marketing, dealing in, or selling any baby and infant milk formula known as BMP, and ordered the €1 million bond to be paid out. €350,000 was allocated to each defendant for their shares, €50,000 to a third party, and €250,000 to the solicitors. All prior orders were vacated and the proceedings were struck out with liberty to apply.
A High Court challenge has been launched against An Bord Pleanala's decision to allow the redevelopment of Shanakiel Hospital, the site where Michael Collins' body was taken after he was shot in 1922. The challenge was brought by Raymond Duggan of Knockshedan, Shanakiel Cork, who claims that the buildings slated for demolition are protected structures. Duggan alleges that An Bord Pleanala misinterpreted the scope of protected structures and failed to recognize that these buildings form part of the protected structure. The court heard that Duggan's family previously owned the hospital site, which was converted into a hospital in 1908 and treated Irishmen injured in WW1. The development proposal includes the demolition of the former hospital building, stables, and other ancillary structures, as well as the redevelopment of Shanakiel House and the construction of two new dwellings. Duggan seeks an order quashing the planning permission granted by An Bord Pleanala and declarations that the planning authority failed to act in accordance with fair procedures and constitutional justice. The matter was adjourned and is returnable to a date in March.
In a High Court hearing on 22 January 2015, Ktech Security obtained an injunction preventing anti‑eviction activists from approaching within 2 km of Dublin's Citywest Hotel during the Irish Country and Western Music Awards. The activists, including Jerry Beades and Tom Darcy, opposed the order, denying wrongdoing and claiming a constitutional right to protest. Ktech argued that the activists' campaign of threats and intimidation, particularly on social media, harmed its business and reputation. The judge, Justice Paul Gilligan, granted the injunctions, noting that the activists' right to assembly was overridden by Ktech's right to earn a living and its employees' right to work. Additional injunctions were issued to prevent protests at Ktech's offices and employees' homes, and the case was fast‑tracked for a full hearing. Ktech denied allegations of violent or unprofessional conduct.
Ryanair has applied to the High Court for a preliminary hearing on matters it says the Equality Tribunal should address before considering a complaint by former pilot John Goss. Goss claims he was dismissed in August 2013, two months before his 60th birthday, on the grounds of age discrimination. Ryanair denies the allegation, stating the dismissal was for gross misconduct and that its Dublin pilots retire at 60. The airline has repeatedly requested the Tribunal to hold a preliminary hearing to determine whether Goss's claims are frivolous, vexatious, untimely, or otherwise lacking merit, and to confirm the airline's right to set a retirement age. The Tribunal has not yet responded or given reasons for refusing the hearing. Ryanair seeks judicial review, orders for the Tribunal to reply substantively and promptly, and declarations that the Tribunal's failure breaches constitutional justice and fair procedure.
Ronald Walsh, 61, of Limerick, pleaded guilty to possession of €215,000 of cocaine and cannabis herb for sale or supply at Heuston Station, Dublin, and St Patricks Road, Limerick, on 2 February 2013. He admitted carrying €140,000 worth of cocaine on a train to Dublin to pay off a drug debt. Walsh said he began taking heroin in his forties to relieve back pain after other treatments failed, and that he had been a controlled heroin addict for five years before the addiction spiralled. The Dublin Circuit Criminal Court, presided over by Judge Desmond Hogan, gave Walsh a ten‑year suspended sentence, noting the drug value and the lack of custodial purpose. He will be supervised by probation for 12 months and must undergo drug counselling.
Brian and Mary O'Shaughnessy, who owned a two‑bedroom farmhouse in Annaholty, Birdhill, Co. Tipperary, had their home demolished on 6 September 2006 without notice during construction of the N7 dual carriageway. The couple, who were renovating the house and had obtained planning permission, claimed the demolition was negligent and filed a High Court damages action against Limerick County Council, the National Roads Authority, RPS Consulting Engineers Ltd, EGIS Route Scetauroute SA, and Midland Fencing Ltd. In January 2015 the O'Shaughnessys settled their action and were "out of the case," though the defendants continue to dispute liability. The settlement terms were confidential. The court remains to decide which defendant is responsible for the demolition. The O'Shaughnessys had purchased the house for IR£34,500 in 1998, had lived there, and had intended to reside there permanently. The demolition left them homeless, unable to meet mortgage repayments, and led to possession orders that are now on hold.
In a case heard at Balbriggan District Court, a 33‑year‑old man named Vatalie Raru of Rush, Co. Dublin, is alleged to have possessed a nunchuck on 17 December and to have used threatening and abusive behaviour towards Gardaí. According to Sergeant Tony Tighe, when Gardaí entered Raru's home, he allegedly emerged with the nunchuck—a wooden piece with a chain used in martial arts—and swung it at the officers. Judge Dermot Dempsey accepted jurisdiction and adjourned the case to 5 February.
Li Lian, owner of China Garden takeaway on Drogheda Street, Balbriggan, pleaded guilty in Balbriggan District Court to three counts of employing two foreign nationals without work permits on 21 October 2013, 8 November 2013 and 10 April 2014. An inspector from the Department of Jobs, Enterprise and Innovation found the two Chinese chefs working without valid permits. One chef had applied for a permit between 2012 and early 2014 but was refused; he now holds a permit since September 2014. The other chef has since left. Ms Lian was fined €1,700, below the maximum €4,000 per offence.
Brian and Mary O'Shaughnessy brought a claim to the High Court after their rented two‑bedroom farmhouse at Annaholty, Birdhill, Co. Tipperary was demolished on 6 September 2006 without notice while the N7 dual carriageway was being built. The couple had purchased the house for IR£34,500 in 1998, lived there, and had begun renovations in 2006, having sought planning permission. They were told in 2003 that their property would not be acquired for the road. The demolition was carried out by Midland Fencing Ltd, a subcontractor of RPS Scetauroute JV, which described the house as derelict and uninhabited. The defendants—Limerick County Council, the National Roads Authority, RPS Consulting Engineers Ltd, EGIS Route Scetauroute SA, and Midland Fencing Ltd—deny negligence. The O'Shaughnessys seek damages for loss of home, loss of mortgage payments, and exemplary damages, having received only two €10,000 payments from the council.
Two Dublin‑based English language schools, Academic Bridge Ltd and the National Employee Development Centre Ltd, which together employ 17 staff, have won a legal challenge against new Government accreditation rules that were set to take effect on 1 January. The schools argued that the Minister for Justice and Equality had announced changes to the accreditation system without lawful authority, and that the new regulations would severely restrict their ability to recruit non‑EU/EEA students, potentially putting them out of business. They brought proceedings against the Minister and the Qualifications and Quality Assurance Authority of Ireland (QQI), claiming the rules were overly restrictive and that the QQI had no power to manage the accreditation system.
Gemma O'Doherty, a former investigative journalist for Independent Newspapers, settled a High Court defamation case against her former employers. The settlement included an unreserved apology from Independent Newspapers for the stress and hardship caused to O'Doherty and her husband, and undisclosed damages to be paid to her. The case arose after O'Doherty was made redundant in 2013 and had brought proceedings following an investigation she conducted into a penalty points controversy. The High Court, presided over by Justice Nicholas Kearns, was informed that the action had been resolved and could be struck out. Independent Newspapers' counsel read a statement acknowledging O'Doherty's professional conduct and agreeing to indemnify her for legal costs. The terms of the settlement remain confidential. O'Doherty expressed that the apology vindicated her reputation as an investigative reporter.
In a High Court hearing on 12 January 2015, former billionaire Sean Quinn, aged 67, agreed to pay €20,000 to his creditors from any future earnings he may receive over the next two years after his bankruptcy discharge on 16 January. The court, presided over by Judge Caroline Costello, considered an offer from Quinn to pay €10,000 per year, but the court‑appointed official supervising his bankruptcy, Mr Chris Lehane, sought an order under section 85D of the Bankruptcy Act to direct Quinn to pay a sum from any future earnings. After discussions, Mr Lehane accepted Quinn's offer of €20,000. Quinn was not present at the brief hearing. The order would require Quinn to pay the specified amount from any future earnings to his creditors, while he remains entitled to discharge from bankruptcy.
The Central Bank secured High Court orders for the transfer of assets and liabilities from Killorglin Credit Union (KCU) to Tralee Credit Union. Ms Justice Iseult O'Malley approved the transfer after counsel explained that it would not affect KCU members or employees and that it was in the public interest. Tralee Credit Union had won the bid to acquire KCU's assets and liabilities. KCU had failed to restore its Regulatory Reserve Ratio to the required 10% and could not secure the funding needed to meet regulatory obligations. The Central Bank had been aware of difficulties at KCU since 2010, citing poor lending and credit control practices. The previous board had resigned, but the current board was not a concern for the Central Bank. The transfer will result in a credit union operating in Killorglin, but not under the KCU name.
Dr David Vickery, a consultant in emergency medicine based in Clonskeagh Dublin 14, has resolved his High Court action against Beacon Hospital Sandyford Limited, which he alleged had unlawfully terminated his contract of employment. The matter was heard before Mr Justice Paul Gilligan at the High Court on Thursday. Counsel for Dr Vickery, Ercus Stewart SC, stated that the matter had been resolved between the parties and the proceedings could be struck out. Marguerite Bolger SC, representing the hospital, read a statement acknowledging Dr Vickery's reputation and stating that the contractual matter had been satisfactorily resolved. Dr Vickery had previously secured temporary injunctions preventing the hospital from terminating his contract or making any announcements regarding his employment. The hospital denied the termination was unlawful. The settlement follows a similar agreement involving Dr Oisin Powell, another emergency consultant, who also secured temporary injunctions against the hospital last week. Both doctors had their hours reduced from 35 to 20 hours per week and claimed the reduction breached their contracts. The hospital had denied any wrongdoing in both cases.
In a High Court decision on 17 December 2014, Justice Aileen Donnelly ordered the trustees of Victory Christian Fellowship (VCF) to disclose their income, assets, and the funding sources for ongoing litigation against the Bank of Scotland (BOS). The order also requires the trustees to provide details of how the VCF's litigation is financed and to identify third parties contributing to the case. BOS and appointed receivers sought these orders to enforce an €18.7 million judgment against VCF. The trustees, including senior pastor Brendan Hade, his wife Shelia Hade, and Gerry Byrne, contested the orders, claiming VCF activities had ceased after receivers took possession of three church premises in June 2013. Justice Donnelly noted that clarification was needed on whether VCF remains operational, the nature of its congregations, and the extent of third‑party funding, including donations from a company called Victory Conference Centre Ltd.
In a High Court case, Dr Oisin Powell, an emergency medicine consultant who had worked at Beacon Hospital since 2010, secured temporary injunctions preventing the appointment of a replacement and restraining the hospital from announcing his termination or questioning his fitness. He alleged the contract was unlawfully terminated after a dispute over reduced hours. The hospital denied wrongdoing. On Wednesday, Mr Justice David Keane heard that the parties had reached a settlement and the case could be struck out. Marguerite Bolger SC, representing Beacon Hospital, read a statement affirming full confidence in Dr Powell's professional abilities and that the matter was purely contractual, with no question of his clinical competence. No further settlement details were disclosed. The case had previously concerned the impact of the alleged termination on Dr Powell's reputation. The injunctions were obtained after the hospital reduced his hours from 35 to 20 per week, which he contested as a breach of contract.
Ms Y, an asylum seeker who arrived in Ireland earlier this year, discovered she was pregnant after being raped in her home country. Seeking an abortion due to suicidal thoughts, she was denied and her pregnancy advanced to the point that a Caesarean section was performed against her wishes, resulting in the child being placed in State care. A Health Services Executive (HSE) inquiry was launched in August to examine the State's response and the delay under the Protection of Life During Pregnancy Act. Ms Y's lawyers, led by Richard Kean SC, argue that the inquiry's conduct breached her rights to fair procedures and constitutional justice, citing her inability to participate because of ill health. They seek an order to halt the inquiry, quash a leaked draft report, and address concerns about the inquiry team's composition and lack of specialist input.
In December 2014, GMC Sierra Ltd, a Dublin water‑meter installation company, obtained High Court permission to pursue contempt proceedings against several anti‑water‑charge protesters. The company alleged that these individuals had breached prior court orders, including setting up 20‑metre exclusion zones around its work sites in Dublin 5 and Dublin 13. Mr Justice Paul Gilligan granted the company the authority to serve short service of proceedings and scheduled a return hearing for the following Thursday to address further contempt applications. Earlier that year, GMC Sierra had secured injunctions preventing protesters from assaulting, intimidating or interfering with its workers, and had established exclusion zones after an escalation of unlawful activity. Protesters' lawyers denied wrongdoing, claiming lawful and peaceful protest. A month earlier, the judge had committed three protesters to prison for 28 days each for breaching orders, suspending those terms for six months on the condition of compliance.
A consultant doctor, Dr Oisin Powell, has filed a High Court challenge against Beacon Hospital, alleging unlawful termination of his employment. On 13 December 2014, Mr Justice Paul Gilligan granted temporary injunctions preventing the hospital from appointing anyone to Powell's position, from announcing his termination, or stating he is unfit to perform duties. The injunctions were issued ex‑parte and are returnable next week. Powell, who has worked at Beacon since 2010 under fixed‑term contracts, claims his hours were reduced from 35 to 20 per week in November 2014, a change he rejected as a breach of contract. He was informed of termination earlier that week, which he contends was unjustified and linked to his intention to pursue legal action over the hour reduction. The court's orders aim to protect his reputation and employment status pending further proceedings.
The Central Bank obtained High Court orders that bar Smart Resolutions Mediation Ltd, based in Cashel, and its directors Geraldine and Thomas Quigley, as well as Clonmel C&R Management Consultants Ltd, based in Clerihan, Clonmel, and its directors Thomas and Cathal Quigley, from providing or offering debt‑management services. The orders also prevent any company controlled by the defendants from receiving remuneration for such services. The bank, represented by Maurice Collins SC, said the orders were sought after new information indicated the defendants were offering debt‑management services without authorization. The High Court President, Mr Justice Nicholas Kearns, granted the orders ex‑parte and set a return date later in the month. The bank also requested that the respondents preserve all books and records related to the services they provide and cooperate fully with the Central Bank.
The State opposed a legal‑costs application by lawyers for the hooded men, who sought compensation for the costs of a High Court action that aimed to compel the Irish Government to decide whether to ask the European Court of Human Rights (ECHR) to revise its 1978 judgment on alleged torture of the men in 1971. The men and their families had wanted the Government to pursue the matter against the UK before the ECHR after new evidence emerged in an RTE programme, "The Torture Files", which alleged that the evidence supplied to the ECHR by the British was deliberately misleading. The High Court proceedings were struck out after the Government announced it would seek a revision of the ECHR's 1978 finding. The State, represented by Michael McDowell SC, argued that it was not obliged to pay the men's legal costs and that the application was moot.
A High Court hearing has opened regarding a challenge by 10 small businesses against proposed changes to public works contract qualification criteria. The applicants, who supply printers and devices to State bodies, are challenging criteria within a March 2013 Framework Agreement worth an estimated €25m over two years. The action is brought against the Commissioners of Public Works, who operate the National Procurement Service. The businesses allege that new minimum qualification criteria, specifically a requirement for a minimum annual turnover of €2m, will disqualify them from applying for tenders. They argue these regulations are disproportionate, discriminatory, and distort competition in the Irish market, seeking orders to set aside the criteria and declarations that they breach the 2002 Competition Act. The Commissioners oppose the action, rejecting the claims and arguing that the criteria are necessary to ensure contract fulfillment and were introduced under an EU Directive to promote competition and save State money. Counsel for the applicants stated that the contracts represent a significant portion of their clients' business. The case is before Mr Justice Paul McDermott and is expected to continue for several weeks.
In December 2013, Playboy Enterprises International sued Entertainment Media Networks, the operator of entertainment.ie, in the Irish High Court for copyright infringement. Playboy alleged that the website had posted a link titled "Save yourself a fiver. Here's Kate Moss' NSWF photos from Playboy" which directed readers to exclusive images of Kate Moss that were commissioned by Playboy for its 60th anniversary edition. The photographs, shot by Mert Alas and Marus Piggott, were to appear in a 60‑page spread on 10 December 2013. Playboy claimed the link was posted a week before the official release, constituting "front‑running" and destroying the exclusivity of the shoot. The defendant's counsel said the link was posted in a "lighthearted" manner and was removed shortly after being deemed inappropriate, with the link fully taken down by 23 December 2013. The case was brought as a preliminary pre‑trial motion.
In a High Court appeal over a boundary dispute between the Rueters and the Madigans, Kathleen Maureen Rueter denied allegations that her family had damaged the white thorn and blackthorn hedge that marks the boundary between their properties. She also rejected claims that the lane outside the Madigans' home had been widened in 2003 to allow access to the Rueters' caravan park. The Madigans had previously won a Circuit Court judgment awarding them €5,000 for trespass and nuisance and a right of way to maintain their hedge. Rueter stated that since acquiring the land in 1964 her family had maintained and improved the lane, and that any work carried out in 2003 only raised parts of the road surface without significantly widening it. She maintained that the hedge had not been "butchered" and that a gap in the boundary hedge was caused by the Madigans. The case before Mr Justice Kearns is expected to conclude early next week.
The High Court will decide early next week on a preliminary application that could affect many cases against DePuy International Ltd, a Johnson & Johnson subsidiary, over allegedly defective hip replacements. The case involves Ms Randa Murphy from Ennis, who has brought a claim for damages after receiving a DePuy ASR resurfacing hip implant in 2005 and subsequent surgery in 2010. DePuy's lawyers argue that Murphy failed to obtain a Personal Injuries Assessment Board (PIAB) certification before filing her claim, and therefore the action cannot proceed as a medical negligence claim because DePuy is a manufacturer, not a health service provider. Murphy's counsel rejects this requirement and seeks to have the issue heard separately. The judge will consider the matter and give a decision next week.
Two brothers, Paul and Gerard Dormer, have filed High Court proceedings to set aside a settlement agreement with Allied Irish Banks (AIB) that left them liable for €17 million. They argue that AIB breached the settlement's terms by failing to provide credit facilities as promised. The settlement, reached after the brothers contested AIB's summary judgment request, required AIB officials to recommend credit to the brothers once certain conditions were met. The brothers claim the AIB committee declined to approve the credit without giving them a chance to present their case, and that the committee's recommendation was made in bad faith. The brothers have obtained temporary injunctions preventing receivers from selling their assets and seek an order vacating the €17 million judgment and declarations that AIB breached the settlement. They plan to apply for admission to the commercial court list next Monday.
Jorge Garcia, a 41‑year‑old Spanish care assistant, was sentenced to a two‑year suspended term for stealing €960 from the accounts of six intellectually disabled residents at Cheeverstown in Dublin. The theft, which occurred between 18 April and 8 August 2013, involved altering withdrawal forms and using a photocopied signature to divert money intended for the residents' expenses. Garcia pleaded guilty to six counts out of 32 charges and has since repaid the full amount. The court noted his cooperation with Garda investigations and his genuine remorse, and considered that the victims' disabilities made the offence particularly serious. Judge Desmond Hogan suspended the sentence, adjourned the case to February for a community service suitability assessment, and highlighted that Garcia had no prior convictions and had not been previously known to the Gardaí. The case remains at the suspended‑sentence stage.
Co. Galway‑based GRID Network Services Ltd (GNS) has filed a lawsuit in the Commercial Court to overturn the ESB Board's decision not to award it a €250 million contract for the ESB Networks Overhead Lines Framework. GNS argues that the ESB breached European and Irish procurement law during the tender process, which it says unfairly excluded the company. The contract involves extensive works on the ESB's power lines, and GNS claims it has long supplied maintenance services to ESB Networks Ltd, the subsidiary responsible for Ireland's electricity network. In October the ESB notified GNS that its tender had been unsuccessful. GNS contends that the decision should be set aside and seeks orders to appoint the other tenderers and declarations on the procurement procedures. The case was fast‑tracked by Justice Brian McGovern and will be heard in the new year. The company warns that losing the contract could jeopardise its 35 employees, subcontractors and suppliers.
The Commercial Court has fast-tracked proceedings brought by Chris Lehane, the official assignee administering the bankruptcy of developer Sean Dunne, against Gayle Dunne. Mr. Lehane seeks to set aside agreements from 2005 and 2008 under which Mr. Dunne allegedly transferred interests in various properties, including the Lagoon Beach Hotel in Cape Town, to his wife. Mr. Dunne faces debts of up to €700m. Mrs. Dunne opposes the application and denies any wrongdoing. Her counsel, Alan Doherty SC, objected to the fast-tracking, citing alleged culpable delay by the official assignee and arguing that his client required considerable time to respond to the allegations. Conversely, Mark Sanfey SC, representing Mr. Lehane, denied any delay, explaining that the complex investigation was hindered by Mr. Dunne's failure to furnish a statement of affairs or attend the Official Assignee's office. Mr. Justice Brian McGovern was satisfied that the case should be admitted to the Commercial Court list. The matter was adjourned to later this month to allow the parties to agree on a timetable for the exchange of legal documents. If no agreement is reached, the court will impose a timetable.
John Morrisey, a businessman, has filed a challenge against the Irish Bank Resolution Corporation (IBRC) to reverse the sale of more than €30 million in loans that he owed to a third party, LSREF III Stone Investments Ltd. The case is being fast‑tracked by the Commercial Court at IBRC's request. Morrisey seeks declarations that the loan sale agreements were illegal, void, and that the loans could not be assigned to LSREF, alleging abuse of the judicial process. He also requests orders that sections of the Irish Bank Resolution Corporation Act 2013, which allow the sale and transfer of assets on conditions, breach his property rights and the Irish Constitution. The Commercial Court had previously ruled that Morrisey would owe €31.5 million if the sale was valid. The hearing has been adjourned to the new year.
In a Commercial Court case brought by Zenbury International Ltd, a Kerry Group company, Dunnes Stores is accused of infringing the registered trade mark 'Cheestrings' by launching a peelable cheese product called 'Cheesy Strings'. Zenbury claims the new product is similar in appearance, likely to cause confusion, and is inferior to its own 'Cheestrings'. The company seeks orders prohibiting Dunnes from offering, stocking or marketing any dairy or cheese product bearing the name 'Cheesy Strings'. Zenbury alleges Dunnes failed to comply with a prior cease‑and‑desist request and even promoted the product with a buy‑one‑get‑one‑free offer. Dunnes' counsel says the company is not objecting to the case's admission and needs time to respond before an injunction hearing. Mr Justice Brian McGovern admitted the case to the Commercial Court list, with the matter adjourned to later this month.
Mr Justice Nicholas Kearns adjourned an application brought by a group of men known as "the hooded men" to Monday afternoon, where the court will hold a "telescoped" hearing treating the applications to hear the full action and permission to bring the case as one. The applicants, including Kevin Hannaway, Francis McGuigan, Jim Auld, Patrick McNally, Gerard McKerr, Liam Shannon, Michael Donnell, Brian Turley, Joe Clark, Paddy Joe McClean, Tony Shivers, and Pat Shivers (deceased), seek a court order compelling the Irish Government to decide whether to apply to the European Court of Human Rights (ECHR) to revise its 1978 judgment. That judgment found the sensory deprivation techniques used against them in 1971 constituted inhuman and degrading treatment but not torture. The men allege that new evidence, revealed in an RTE programme, shows the medical evidence provided to the ECHR was deliberately misleading. They argue the Government's failure to make a decision is unreasonable and contrary to constitutional and natural justice. Counsel warned that the ECHR's strict deadline for seeking revision expires on December 4th. The matter was adjourned and is not concluded. Francis McGuigan and Kevin Hannaway attended the hearing, describing the 1978 ruling as "a nonsense" and stating they remain affected by the trauma.
In a High Court hearing on 27 November 2014, lawyers for Ali Charaf Damache, a 49‑year‑old Algerian‑born Irish citizen, argued that they require the Director of Public Prosecutions' reasons for refusing to prosecute him in Ireland in order to contest his extradition to the United States. Damache is wanted in the U.S. on terrorism charges, specifically an alleged conspiracy to provide support to terrorists and attempted identity theft to facilitate international terrorism. He had previously won a Supreme Court appeal for judicial review of the DPP's March 2011 refusal to prosecute, which also questioned whether the DPP was obliged to give reasons. The court noted that the Extradition Act now blocks extradition only if the DPP decides to bring charges, placing the decision in a third party's hands. Damache has been in custody since the U.S. sought his extradition in 2012, and the case was set to continue the following day.
In a High Court case, Jarlath and Lorraine Sweeney argue that National Assets Management Agency (NAMA) demands for additional security to keep their loan facilities operational would force them to commit a criminal offence under Irish company law. The couple, shareholders in several property‑related companies and owners of hotels such as the Esplanade and Wilton Hotels in Bray, secured loans of about €25 million from Anglo Irish Bank in 2009, later acquired by NAMA. They have provided assets of their companies as security but refuse to offer the unencumbered Summerhill House Hotel in Enniskerry, owned by companies where Mrs Sweeney is principal shareholder, as additional collateral. They claim NAMA's demand is unlawful, disproportionate and unreasonable, and that complying would breach company law because a statutory declaration and independent report are required, which they cannot obtain.
The long‑running dispute between developer JJ Rhatigan and the trade union Unite over the use of subcontractors to replace direct labour has been referred to the Labour Court by the High Court. Rhatigan, who is building a block of apartments on behalf of Nama at St Edmunds, St Lomans Road, Palmerstown, Dublin, sought injunctions after picketing began near the site. He claimed work stopped following "very serious and sinister" incidents involving picketers, alleging threats and intimidation of his workers and that the picketing was "out of control". Unite denied wrongdoing, stating it conducted a lawful and peaceful protest and that any unlawful activity was carried out by individual protesters not members of the union. The union has agreed to lift the picket at St Edmunds until the Labour Court issues a recommendation, while it may continue picketing at three other sites, including a new school at Kishoge, Lucan.
Martha McEnery, a Garda sergeant, was convicted of assault in 2011 and received a four‑month suspended sentence. The conviction arose from an arrest in Waterford in January 2010. The Court of Criminal Appeal dismissed her appeal. The Garda Commissioner, citing a breach of the 2007 Garda Siochana Discipline Regulations, recommended her dismissal. McEnery challenged the dismissal in judicial review, arguing that a criminal conviction alone could not justify summary dismissal. The High Court, presided over by President Nicholas Kearns, rejected her application. The judge found that the Commissioner had the authority to dismiss without an inquiry, that the breach was sufficiently grave, and that McEnery had not established any factual basis for discrimination or disproportionate treatment. The decision was upheld as rational and procedurally sound.
In a High Court hearing on 19 November 2014, GMC Sierra Ltd sought contempt of court proceedings against four anti‑water‑charge protesters who allegedly breached a 20‑metre exclusion zone around sites where the company was installing water meters in Dublin. The company had obtained injunctions to protect its workers from harassment and intimidation. GMC Sierra's counsel, Jim O'Callaghan SC, presented an affidavit alleging that, after the court's November 5 order, the company's planned installation of about 500 meters was reduced to 200, and that a worker was struck by a van, another was knee‑knocked, and the 20‑metre zone was breached. The judge, Justice Gilligan, acknowledged evidence of breaches by the four respondents, allowed them to submit affidavits and to apply for leave to cross‑examine GMC Sierra workers, and adjourned the attachment and committal motion to the following Monday.
RTÉ and UPC Ireland settled a dispute over UPC's proposal to stream RTÉ channels on smartphones and tablets outside the home. UPC's existing streaming service, limited to devices within the home, already carried RTÉ content. RTÉ had sought a High Court injunction to halt UPC's launch and requested higher payments for its content rights. The Commercial Court heard the case, and Mr Justice Brian McGovern was informed that the parties had reached a settlement.
Dunnes Stores has filed a High Court challenge against An Bord Pleanala's decision to grant planning permission for a €40m extension of The Square shopping centre in Tallaght. Mr Justice Seamus Noonan allowed the case to proceed on an ex‑parte basis, with the matter set for a January 2015 hearing. Dunnes, represented by Eamon Galligan SC, seeks to contest several conditions of the permission, arguing the extension would adversely affect its retail business. The owners, Indego, and South Dublin County Council are parties to the proceedings.
GMC Sierra, a water‑meter installation company, has asked the High Court to bring contempt proceedings against four more individuals who it says have breached court orders that restrict protesters from approaching within 20 metres of its work sites. The company claims that one protester scaled a wall and entered a workstation where a meter was being installed. Justice Paul Gilligan granted GMC permission to serve short service of proceedings and set a hearing for next Wednesday, when the company intends to pursue contempt applications against additional alleged offenders. Some of those accused of contempt have requested that the Wednesday proceedings be stayed until separate High Court hearings determine their entitlement to legal aid. GMC previously obtained injunctions to prevent assault, intimidation or interference with its workers, who have reported harassment, obstruction, assault and threats while installing meters in Dublin 5 and Dublin 13. Protesters' lawyers deny wrongdoing and argue their demonstrations are lawful and peaceful.
In November 2014, developers JJ Rhatigan and Co filed new High Court proceedings against the trade union Unite, alleging misconduct by picketers at a West Dublin apartment complex site. Rhatigan's lawyers claimed that around ten picketers, wearing Union‑branded bibs and flags, blocked vehicle access and that a senior employee was pursued by a van driven at speed. They also alleged that a protester called three female workers "Polish whores." The court granted Rhatigan temporary injunctions, allowing the Union time to respond, and made the case returnable to Monday. The action follows a long‑standing dispute over subcontractor use, with Unite arguing that such practices disadvantage workers. Rhatigan denied wrongdoing, and earlier injunctions had limited picketing at other Rhatigan sites, citing intimidation and vehicle blockages. Unite maintains its protests are lawful.
In a High Court hearing on 13 November 2014, lawyers for GMC Sierra, a water‑meter installation company, argued that several protestors had breached court orders that protected the company's workers from intimidation and harassment. GMC Sierra had previously obtained injunctions preventing anyone from assaulting, intimidating or interfering with its workers in Dublin 5 and Dublin 13, and had secured an additional order creating 20‑metre exclusion zones around its work sites. The company seeks contempt proceedings to have the alleged offenders attached and committed to prison or fined. Protestors' lawyers, however, request that the contempt application be stayed pending a separate High Court case on whether those facing contempt proceedings are entitled to legal aid. The judicial review of that legal‑aid claim has been granted and will be heard by the High Court President, while the contempt application is scheduled for next week. The court noted the two matters are distinct and should be considered separately.
In Balbriggan District Court, Clinton McCahey, aged 31, pleaded guilty to blackmail and extortion after sending threatening letters to his ex‑girlfriend's grandmother, Mrs. Eileen Reynolds, demanding €10,000 on 7 and 8 May. McCahey admitted he wrote the letters while "off his head on drink and Valium" and denied any intention to carry out the threats. He has since visited Mrs. Reynolds' home, offered an apology, and shared a cup of tea with her. The court noted that the second letter was accidentally posted by McCahey's mother and that a mobile phone used to contact Mrs. Reynolds was found during a search of his house. McCahey is currently undergoing drug rehabilitation at North Dublin Community Care and the case was adjourned to 22 January for a Probation and Welfare Report and submission of the letters to the court.
The High Court has annulled the bankruptcy of a couple from Knocknaveigh, Virginia, County Cavan, in what represents the first application of its kind since new insolvency legislation came into force. Ms Justice Caroline Costello set aside the bankruptcy orders for Martin Byrne and Catherine White Byrne, who had been adjudicated bankrupt earlier this year. The couple contended they were misled by a financial advisor regarding available alternatives to bankruptcy. Their solicitor argued that a viable Personal Insolvency Arrangement with creditors existed but was not presented to them. Additionally, the couple had not met with a Personal Insolvency Practitioner prior to their application, contrary to statutory requirements. Ms Justice Costello found the circumstances satisfied grounds for annulment. The Irish Mortgage Holders Organisation, which supported the application, indicated other cases in similar circumstances remain pending before the courts.
The Criminal Assets Bureau (CAB) has obtained a temporary freezing order under Section 2 of the Proceeds of Crime Act to halt the sale of Irish‑held investment bonds worth US$6.5 million (€5.22 million). The bonds are alleged to have been purchased with money illegally extracted from Nigeria by the late dictator General Sani Abacha's regime and laundered through Swiss, London and New York institutions. CAB claims the bonds breach Irish tax‑evasion laws and are linked to Abacha's eldest surviving son, Mohammed Sani Abacha. The freezing order was secured ex‑parte, and the case was adjourned to a later date while the court awaits an update on serving notice to Mr Abacha, who resides in Nigeria. The CAB's action follows a broader international effort to recover funds looted by Abacha's government.
Luke Curry, aged 25, was arrested after a police raid on a house near the Jobstown Pharmacy where he and an unnamed accomplice were found asleep on a couch. The pair had participated in an armed robbery of the pharmacy on 12 February 2013, during which €400 was stolen. Curry had opened the security door while the accomplice, masked and armed with a kitchen knife, entered the shop. The robbery was reported by pharmacy staff who recognised Curry as a customer and were forced to hand over money. Garda James Ward, following a tip‑off, discovered the suspects sleeping in the house and seized €275 of the stolen cash from a pile beneath the accomplice. Curry pleaded guilty at Dublin Circuit Criminal Court; sentencing was adjourned to January to allow victim impact reports to be prepared. The second man, whose identity is withheld pending trial, was also arrested.
In November 2014 the High Court granted GMC Sierra Ltd an order creating a 20‑metre exclusion zone around its water‑meter installation sites in Dublin. The company had earlier obtained injunctions in October to protect its workers from harassment, intimidation and interference. GMC claimed that protesters had escalated their activities, including blocking vehicles, damaging equipment and threatening workers, and that the protests were "seriously impairing" the installation work. Video evidence showed what the judge described as a significant deviation from lawful protesting, and other evidence suggested workers were followed home and subjected to assault. The judge, while recognising the constitutional right to protest, ruled that the exclusion zone would not apply to residents or people carrying out normal business. The order also prevented protesters from blocking GMC's vehicles from accessing or leaving the sites. The case was not about the policy of water charging but about protecting the rights of GMC's workers.