In a High Court case in Wexford, the Purcell family sued 20th Century Fox Home Entertainment, WT6 Productions, UFO Film and Television Studios Ltd and UFO International Productions over the use of an image of their late mother, Mrs Stacia Purcell, in the horror film Wrong Turn 6: Last Resort. Mrs Purcell, aged 66, disappeared on 30 October 2013 and was found dead a few days later, believed to have fallen into a river after a heart attack. The family claims the image, which they supplied to the press to aid the search, was used without their consent and has caused them great pain and distress. They seek orders preventing further use of the image in broadcasts or distribution of the film. The case was adjourned to early next week after both sides requested more time to exchange documents and consider new sworn statements.
In a 2014 court hearing, 32‑year‑old Gareth Byrne of Swansnest Avenue, Kilbarrack, was charged with reckless endangerment after he poured petrol on himself outside Clontarf Garda Station and threatened to set himself and the station on fire. Byrne had earlier been stopped during a routine traffic check when his car was seized for lack of proof of insurance, although it was later found that the vehicle was properly insured. He returned to the station about twenty minutes later, told a garda he would burn the station down, and then bought a can of petrol from a nearby station. He poured the petrol on himself, held a lighter above his head for about a minute, and was restrained by gardai after they urged him to drop it. Gareth Byrne pleaded guilty.
In a High Court hearing on 4 November 2014, the court ordered the return of two artworks seized during a house search in Straffan, County Kildare. The pieces, including a painting titled 'King and Queen' by Daniel O'Neill, had been taken by staff of the official assignee, Mr Chris Lehane, under a warrant issued pursuant to Section 28 of the Bankruptcy Act. The warrant was obtained because the assignee believed that property belonging to bankrupt developer Sean Dunne might be located in the house. Gayle Dunne, Sean's wife, and their son John Dunne had argued that the artworks were their personal property and that the assignee had no right to seize them. The court, hearing counsel Gabriel Gavigan SC, found that ownership issues had been resolved and directed that the artworks be returned to the Dunnes. The judge postponed a decision on who would pay the legal costs of the motion to a later date.
A dispute between construction workers and the developers of a new school in Lucan, Co Dublin, has returned before the High Court. Last month, the trade union Unite and several of its members undertook not to engage in harassment or block entrances as part of their dispute with JJ Rhatigan & Co over the use of subcontractors to replace direct labour which workers say leaves them with less favourable terms and not being properly paid. This is denied by Rhatigans. Following the undertakings, Mr Justice Paul Gilligan granted injunctions restricting picketing at the site of a new community school at Kishoge, Lucan, as well as at sites in Lucan and Drumcondra where Rhatigans also operate. The order limited the number of picketers at each of the sites to between four and eight.
Frances Mullarkey, a Senior Executive Officer who had served Galway City Council for almost twenty years, obtained a temporary High Court injunction that stops the council from dismissing her. In late October 2014, the council informed her of a planned dismissal following an internal disciplinary process that had sanctioned her for a house allocation issue, including a suspension without pay and a transfer. Mullarkey appealed the disciplinary findings, arguing the appeal process was flawed because it was conducted by the City Manager, who should not have had that authority. Her counsel, Marguerite Bolger SC, contended that the dismissal decision breached her client's rights and was a blatant violation of proper procedure. Judge Paul Gilligan granted the injunction, preventing the council from terminating her employment, appointing a replacement, or publicly announcing her dismissal, and ordered the matter to be revisited next week. The injunction was granted ex parte.
Karl Zambra, aged 27, was arrested under Operation Marshall for dealing heroin and cocaine in the St Teresa Gardens flats. He pleaded guilty to possession of heroin and cocaine for sale or supply on 13 and 23 July 2010. During the operation, undercover gardai posed as drug addicts and approached Zambra, who claimed ignorance of their identity and offered them drugs. He directed them to a stairwell where drugs were hidden and later sold three packages of heroin to them for €50 each. The court noted Zambra had 73 prior convictions, including drug dealing, possession, and burglary. Despite this history, he received a suspended jail term, avoiding immediate imprisonment. The case was heard in Dublin Circuit Criminal Court, with the prosecution led by Fiona McGowan BL and defense by Dominic McGinn SC. The sentence was a suspended jail term, with no immediate custodial time imposed.
Enda Farrell, a former National Asset Management Agency official aged 38, appeared before Dublin Circuit Criminal Court on 13 charges of disclosing confidential information in May, June and July 2012, contrary to the 2009 NAMA Act. He was sent forward from the District Court last month. Judge Mary Ellen Ring adjourned the case for arraignment on March 2, 2015.
The family of the late Irish woman Stacia Purcell, who died after going missing in 2013, has brought a High Court action against 20th Century Fox Home Entertainment, WT6 Productions, UFO Film and Television Studios Ltd and UFO International Productions. They allege that a photograph of Mrs Purcell, taken by the family and used to aid the search for her, was incorporated into the horror film Wrong Turn 6: Last Resort without consent. The image appears about 22 minutes into the film, where it is portrayed as a missing 81‑year‑old man. The family claims the use of the image breaches copyright and privacy, causing them distress.
The High Court has reserved judgement on Bank of Scotland's application to examine the trustees of Victory Christian Fellowship over their assets. BOS and its receivers seek examination because the trustees allegedly failed to provide a statement of affairs and proposals to discharge the €18.7 million debt owed to the bank. The trustees, Brendan Hade, Sheila Hade and Gerry Byrne, oppose the claims, asserting that all church activities ceased after receivers took possession of the three premises in June 2013. BOS argues that activities have continued, citing meetings and services held at Dublin hotels and social‑media posts described as "phoenix‑like." The court has ordered that the trustees be orally examined regarding the debt and assets, and that they provide a statement of current and anticipated income and expenditure, as well as disclose the identities of third parties funding their litigation. The trustees are prepared to be examined on church assets but not on personal assets.
The High Court has awarded the Garda Representative Association (GRA) its legal costs following the dismissal of its challenge to changes in public sector sick pay entitlements. The GRA, alongside the Association of Garda Sergeants and Inspectors (AGSI) and two bodies representing Superintendents and Chief Superintendents, sued Minister for Public Expenditure and Reform Brendan Howlin over the 2014 Public Service Management (Sick Leave) Regulations. These regulations, implemented in April, reduced full-pay sick leave from six months to three. High Court President Nicholas Kearns dismissed all aspects of the claim, rejecting arguments that it was inappropriate for the Minister to consider views from IMPACT's General Secretary Shay Cody. Although the judge expressed concern over the late disclosure of email communications by the Minister's lawyers, he ultimately awarded the GRA its legal costs against the Minister. This decision departed from the standard rule where the losing party pays costs, citing the "fairly fraught" nature of the case and the suspicion surrounding the late-disclosed communications. Both parties had applied for their respective legal costs in this final determination.
The High Court suspended Dublin solicitor Michael Lovett of Lovett O'Donnell Solicitors, Ranelagh, until he files all outstanding accounts. Judge Nicholas Kearns issued the order after the Law Society applied on behalf of the Society, seeking to compel Lovett to cooperate with the Society's Regulation Department. Chartered accountant Rory O'Neill was appointed in January to inspect Lovett's practice for compliance with the Solicitors Accounts Regulations. O'Neill reported that Lovett failed to cooperate: he declined to allow an inspection, postponed it for a family matter, and ignored repeated calls and attempts to arrange the inspection. Lovett also missed two Regulation of Practice Committee meetings where his non‑cooperation was discussed. The order, granted ex‑parte, will be reviewed in early November. The court's decision prohibits Lovett from practising until he fully complies with the Solicitors Accounts Regulations.
The High Court appointed Mr. Anthony Weldon of Kieran Ryan & Co Chartered Accountants as an interim examiner for Hyper Trust Limited, the operator of the Leopardstown Inn, a public house in South Co Dublin employing 80 people. The appointment followed AIB's demand for immediate repayment of €6 million owed by Hyper Trust and its subsidiary Hyper Holdings Ltd. The loans were used to acquire a 19 % stake in Newstalk 106 radio station and for renovations of the pub. AIB had appointed receivers after the company failed to repay. Hyper Trust petitioned the court for examinership, and an independent accountant's report indicated the company had a reasonable prospect of survival as a going concern if it secured new investment, reached a scheme of arrangement with creditors, and restructured its banking liabilities. Mr.
In a High Court case brought by Mr Pat Grant of Ballyouster, Celbridge, the family seeks to stop the demolition of their timber‑framed house built in 2010. The house sits behind a pre‑existing dwelling owned by Grant's sister‑in‑law. Kildare County Council argues the house lacks proper planning permission and is in breach of the Planning and Development Act 2000, and has pursued enforcement proceedings to demolish it. Grant's house had originally been granted permission for an extension, but a separate dwelling unit was later constructed. The Council's refusal to allow the house to remain was appealed to An Bord Pleanala, which, despite an inspector's recommendation to grant retention permission, upheld the Council's refusal on a split decision. Grant now seeks orders quashing the Bord's decision, arguing the Board gave no adequate reasons for its refusal and failed to explain why it did not follow its inspector's recommendation.
Corporal Tracey Quinn (32) has initiated a High Court action to challenge her discharge from the defence forces, alleging gender discrimination. She claims she is not being offered re-engagement after 15 years of service due to not completing an overseas tour of duty since 2004. The defence forces require members to have undertaken an overseas tour within the previous three years or completed two such tours during their 12-year enlistment period. Quinn argues that her inability to complete a second tour was due to maternity leave and the need to care for her children, as well as her husband's overseas service. She was initially allowed to extend her enlistment period to 2014 to meet other re-engagement criteria, including physical fitness and good conduct. Despite this, she was informed last July that she would not be re-engaged due to her overseas duty record. She appealed the decision, but her discharge was directed earlier this month.
In a High Court hearing on 16 October 2014, Mr Justice Nicholas Kearns announced that the court would intensify judicial management to maximise efficient use of court time, following a Supreme Court decision urging tighter case management. The comments were made in a case where Mr Kevin Breen, a signalman at Iarnrod Eireann, was awarded €25,000 in damages for alleged bullying by a colleague, Mr Louis Naessens, between 2004 and 2010 at Gorey Rail Station. Breen claimed repeated criticism, confusing instructions and threats from Naessens, and that an internal investigation in December 2009 found Naessens' conduct amounted to bullying. Breen said the company failed to act, despite offering a Corrective Coaching Programme, and that the bullying continued until his transfer to Arklow Station in February 2011. Iarnrod Eireann denied the claims, stating it had undertaken counselling, mediation and investigation.
In a High Court decision on 15 October 2014, Mr Justice Michael White allowed Stephen Costello (43) and his wife Karen to pursue a damages claim against the Garda Commissioner for alleged harassment and intimidation. The judge noted that while there had been inordinate and at times inexcusable delays in the case, the court exercised discretion not to dismiss the claim. The Costellos had previously obtained a 2005 injunction preventing Garda entry into their home without a warrant or household request, which the judge vacated as it could not stand. The Commissioner had sought to strike out the claim, citing delays by the Costellos, but the judge found no prejudice to the Commissioner's defence and allowed the claim to proceed to full hearing. The case remains pending, with the court emphasising the need for an expeditious exchange of pleadings and early hearing.
In a High Court case, the Health Services Executive (HSE) sought an order to force-feed a woman who had expressed a desire to die due to childhood sexual abuse. The HSE, represented by Shane Costellloe SC, argued that the woman, who had previously agreed to take fluids and nourishment for two weeks, was now refusing food. The court, after hearing medical professionals, granted an order allowing doctors to feed her via a nasogastric tube without her consent. The woman, treated at a psychiatric facility for PTSD and other mental health conditions, had been admitted following self‑harm incidents and had previously been fed through a nasogastric tube until late September. The judge noted that the woman's mental capacity to refuse food was disputed, with some clinicians believing she lacked capacity and others disagreeing. The order permits medical practitioners to take necessary steps to provide nourishment to prevent imminent death.
In a High Court hearing on 15 October 2014, the dispute between McElhinneys fashion stores in Athboy, the Sweeney family owners, and the Bank of Ireland (BOI) was resolved. BOI had appointed receiver Mr Barry Forrest in March 2013 after the Sweeneys failed to repay €2.34 million owed on loans secured by three properties: McElhinneys Department Store, McElhinneys Bridal Shop, and Guinans on Main Street. Forrest had sought possession orders for these premises. The Sweeneys and McElhinneys Limited had initially opposed the orders, arguing a lease entered in July 2010 entitled them to trade on the premises and that BOI had been informed of the lease in September 2010 with rent of €3,000 per month paid until the receiver's appointment. Mr Justice Paul Gilligan dismissed the receiver's application before Christmas.
In a High Court case, a woman who had previously requested to be allowed to die has agreed to receive food and fluids for the next two weeks. The Health Services Executive (HSE) sought an order to force-feed her, as she had not eaten or taken fluids for weeks and was at risk of imminent death. The HSE's application was initially opposed by the woman, who had been treated for PTSD and other mental health conditions stemming from childhood sexual abuse. High Court President Mr Justice Nicholas Kearns granted a temporary order allowing the HSE to administer fluids only, and later accepted the woman's decision to accept nourishment for two weeks. The court will consider her mental capacity in any future orders, but no restraining order was granted. The case highlights the legal complexities surrounding a patient's right to refuse treatment and the court's role in determining capacity.
In a Swords District Court hearing on 14 October 2014, Mark and Kathleen Mohun of Estuary Road, Malahide were ordered to demolish a 14.9‑square‑metre extension they had built without planning permission. The couple had previously failed to comply with an enforcement notice issued in April 2013 that required removal of the unauthorised structure within one month. They had applied for a retention permit in June 2013, which Fingal County Council refused, and they did not appeal to An Bord Pleanala. Planning Inspector Conor Cooney confirmed the extension was not exempt from permission as it exceeded 12 square metres. Judge Dermot Dempsey fined the Mohuns €500, ordered them to pay €2,000 in costs to the council, and required the removal of the extension. The couple appealed the decision, but the judge warned that continued non‑compliance would lead to further consequences. The court noted Mr Mohun's unemployment and his son's Leaving Certificate studies.
In a hearing at Barrack Lane in Lusk, 35‑year‑old Gillian Dunphy pleaded guilty to intoxication and endangering herself and others after lying on a blind bend. She blamed a night out with friends and too many shots for her condition, claiming she had no recollection of the incident. Judge Dermot Dempsey questioned whether she had a 'death wish' and warned her about controlling alcohol intake after a car had stopped only a few feet from her. The judge fined her €250.
In October 2014 the High Court heard a case involving the trade union Unite and several of its members who had mounted a picket at a construction site in Lucan where JJ Rhatigan was building a new school. Rhatigan sought injunctions against Unite, two of its officials and other members, alleging that the picket had caused vehicles to be blocked, a lorry to be damaged, a senior employee to be assaulted and a bus driver to be racially abused. Two Unite members had also scaled a 200‑ft crane on the site, leading to its closure by Gardaí. Mr Justice Paul Gilligan accepted undertakings from the defendants not to trespass, intimidate, assault or damage property at Rhatigan sites, and to limit the number of picketers at each site. He also granted an injunction restraining anyone with knowledge of the orders from interfering with access to the sites.
In a High Court hearing on 8 October 2014, lawyers for builders JJ Rhatigan & Co argued that protests at a new school site in Lucan had been "appalling" and should be restrained. They claimed that Unite members had blocked vehicles, damaged a lorry, assaulted a senior employee, racially abused a bus driver, and had two protesters climb a crane at the site. The site was closed, and the builders sought injunctions against Unite, Patrick Molloy, Stephen Gleeson, and others to prevent interference with access and to vacate the crane. The court granted Rhatigan's permission to serve short service proceedings. Unite's counsel said any order prohibiting picketing would be "too far" and offered an undertaking not to intimidate or block entrances. The judge expressed concern about Unite's control over its members and noted the two men on the crane were not helping anyone. The hearing was set to resume the following day.
In a High Court case on 8 October 2014, companies controlled by brothers Michael and Richard Larkin obtained a temporary injunction preventing Ulster Bank from transferring their €87 million loan to any third party. The firms, which own European Property Fund PLC, Laurelmore Limited and Vieira Ltd, feared that selling the debt to an unknown party could harm their ongoing action against the bank. The injunction, granted ex‑parte by Mr Justice Paul Gilligan, was to remain until Ulster Bank discloses details of any proposed sale. The Larkin‑controlled companies claim they suffered €30 million in losses from alleged mis‑selling and mis‑representations by the bank, which forced them to sell two valuable London properties. They seek information on the terms of the proposed sale, which the bank has not provided, but note their loans are performing and they are willing to repay fully.
In a High Court hearing on 7 October 2014, the liquidator of Vino Classico Ltd, Mr Myles Kirby, argued that the company's directors, Mrs Pia Bang Stokes and Mr Georgio Casari, were in contempt of court for failing to file the firm's annual returns for 2010‑2012 with the Companies Registration Office. The court had ordered the returns to be filed in September 2013 and, after a further four‑month extension in May, the directors still had not complied. Mr Kirby said the directors' continued non‑compliance was unacceptable and that the court could impose sanctions ranging from fines to imprisonment. Mr Casari was represented by a solicitor who claimed he was doing everything possible to file the accounts, while Ms Bang Stokes said she had not been contacted by Mr Casari and was unhappy with the un‑audited information she had received.
Builders JJ Rhatigan & Co have taken High Court action against the trade union Unite over a dispute at a new school site in Lucan. The builders seek injunctions to stop Unite members from blocking vehicles and interfering with access to the site, citing incidents where protesters allegedly damaged a crane and caused the Gardai to shut the site for health and safety reasons. JJ Rhatigan denies Unite's claim that subcontracted workers were paid less than €5 per hour and says the subcontractor was paid €25,000. The court granted the builders permission to serve short service proceedings on Unite, its members and the subcontractor Gleeson & Molloy Bricklaying Services. The injunctions also cover other Rhatigan sites, including Griffeen Valley, St Patrick's College Drumcondra, the Radisson Blu Hotel and Golden Lane. The case is set to return to the court on Wednesday.
Kathleen Chada recounts her life with her husband Sanj, describing a normal family with two sons, Eoghan and Ruairi, who were 10 and five when they died. She recalls a typical Sunday in July 2013 when Sanj left her alone while the boys were with him. Chada expresses disbelief that her husband could have harmed his own children, describing the boys' bright futures and her own grief. She laments the loss of their potential and the betrayal she feels, noting that Sanj took the boys' bodies and left them in a car boot. Chada speaks of the emotional devastation she endures, feeling robbed of her family and living with a "double life sentence" of grief. The statement ends with her profound sorrow and sense of loss.
The High Court has granted leave to Edward Buckley of Gurtnara, Upperchurch, Thurles, and Edel Grace of Grousehall Milestone, Thurles, to challenge An Bord Pleanala's decision to grant planning permission for a windfarm in County Tipperary. The applicants, represented by David Browne BL, seek to quash the Board's August 12 decision, which allowed Ecopower Developments Ltd to construct a development comprising 22 turbines, ancillary works, an access road, and buildings. The proposed site is located at Upperchurch, with turbines reaching an overall height of 126.6m. The applicants allege that the Board acted outside its powers, contrary to the 2000 Planning and Development Act, and in breach of the 1992 EU Council Habitats Directive. Specifically, they contend that permission was granted after Mr Buckley withdrew his written consent for his lands to be used for a required access road at Knocknameena. They further argue that the Board failed to conduct an environmental impact assessment and that the decision breaches EU directives on the conservation of natural habitats. Mr Justice Michael Peart granted the application on an ex parte basis, with the Department of Arts, Heritage and the Gaeltacht and Ecopower listed as notice parties. The matter was made returnable to date in late November.
In a moving farewell, High Court judge Mr Justice Barry White thanked his family and colleagues on the eve of his retirement. He presided over his final case in the Central Criminal Court, where well‑wishers, including his wife and four children, gathered to celebrate his departure. Patrick Gageby SC praised the judge's eminence, while Dara Robinson echoed the sentiment on behalf of the Law Society. Liam Mulholland offered a happy retirement message from the DPP's office, and registrar Mary Feerick thanked him for making court work enjoyable. Sergeant Albert Bell sent Garda wishes. White reflected on the privilege and difficulty of judging, noting the need for a cold, calculated approach. He expressed gratitude to his wife and children for their support over 12 years and the entire marriage, before rising from the bench for the last time.
In a High Court ruling on 2 August 2014, Mr Justice Michael Moriarty dismissed a claim brought by 45‑year‑old Colin Widger against his father, Thomas Widger, over an alleged unlawful eviction from their family home on Whitebarn Road, Churchtown. Colin had said he was forcibly removed after his father complained that he was trespassing and that the house had been sold. Thomas denied any unlawful eviction, asserting his right to sell the jointly owned property, which he had continued to mortgage after leaving in the 1980s. He cited an agreement with his late wife Maeve as the basis for his entitlement. The judge found the case had no prospect of success, citing conflicting evidence and the fact that Colin had accepted €30,000 each from the sale proceeds. The action was struck out and Thomas was awarded legal costs.
The High Court appointed provisional liquidators for O'Brien and O'Flynn Ltd Building Contractors, a Cork‑based firm owing the National Assets Management Agency (NAMA) €71.2 million. The company's directors, brothers Dan and Denis O'Flynn, were heard to have assets worth less than half the debt. NAMA had taken over loans from the Bank of Ireland and AIB in 2010 and 2008, and had been providing financial support until recently. Counsel for NAMA, Robert Fitzpatrick, argued that the firm was insolvent on both balance sheet and cash‑flow bases and that urgent liquidation was needed to prevent asset dissipation. The court, satisfied with the urgency, appointed John McStay and Tom Rogers of McStay Looby as joint provisional liquidators, with the matter adjourned to a next‑month hearing.
A quarry operator in County Mayo has failed in a High Court challenge against a requirement to conduct an environmental impact assessment for an extension of its limestone extraction works. McGrath Limestone Works, located near Ashford Castle and proximate to several designated conservation areas including Lough Carra, sought to overturn decisions by Mayo County Council and An Bord Pleanála mandating an EIA as a condition of planning permission. The company contended the requirement was not legally necessary and would effectively force cessation of operations pending compliance. Mr Justice Peter Charleton dismissed all arguments, finding the decisions lawful and reasonable given the site's proximity to environmentally significant tourist resources. The Judge held that no error in law, procedural defect, or inadequacy of reasoning had occurred, and that both the council and the board had properly applied relevant legislation in their assessments.
At the Special Criminal Court on 30 July 2014, tributes were paid to Court Usher Mr Philip Gillick, who retired after more than 40 years of service. Presiding judge Mr Justice Paul Butler praised Gillick as an "enormous source of help" over the past decade and wished him well. Mr Vincent Heneghan BL, speaking for the Bar, wished Gillick a "long and fruitful retirement" and noted that he had "never revealed a secret." Court registrar Mr John Quirke echoed the Bar's wishes and quoted a famous politician, telling Gillick that "it is time for you to go home to your garden." At the hearing's close, Gillick thanked the judiciary, court services, gardai and senior counsel, saying, "It has been a pleasure working in the courts these 40 years." He began his career in 1973 as an usher to the late Chief Justice Tom F.
In a Swords District Court hearing, Jacek Nawara, 36, pleaded guilty to assault causing harm to his housemate on Christmas Day 2012. The victim, still suffering dizziness and requiring ongoing GP care, has incurred €450 in medical bills and lost €2,800 in earnings after being unable to work for two months. Nawara was ordered to produce compensation and an up‑to‑date medical report, with the case adjourned to 20 October for further facts to be heard.
In a High Court hearing on 26 July 2014, Mr John Murphy, owner of Colfers Pub in Carrig-on-Bannow, Co. Wexford, faced contempt proceedings for failing to hand over peaceful possession of his bar to the bank‑appointed receiver, Mr Stephen Tennant of Grant Thornton. The undertaking, issued in March, required the handover in late June. Mr Murphy had previously failed to appear in court, prompting an order by Mr Justice Paul Gilligan to bring him before the court. At the hearing, Mr Murphy apologized for his non‑appearance and admitted he had no legal representation, though his interests were being managed by Tuskar Properties Ltd. The court noted that a solicitor was now prepared to represent him but required time. Mr Justice Gilligan adjourned the matter to the following Wednesday to allow Mr Murphy to obtain legal advice.
A 41-year-old man from Tullyallen, Drogheda has voluntarily surrendered to Northern Irish authorities following his arrest here in June on a European Arrest Warrant. Edward McDonagh appeared before the High Court in connection with 11 alleged offences committed in July and August 2010 across Armagh and Tyrone. The allegations centre on a series of farm burglaries during which a sledge hammer was reportedly used to assault a farmer. A vehicle was also allegedly stolen during the incident. Gardaí in Monaghan observed two men who subsequently crossed the border, leading to arrests at premises in Crossmaglen where false identification was allegedly provided. Two of the charges against McDonagh carry potential sentences of 14 years imprisonment in the North, relating to burglary and concealing criminal property. Mr Justice John Edwards granted the order for surrender, with an application noted to postpone the extradition until after completion of a separate sentence currently being served domestically.
In a High Court hearing, Mr Francis Lanigan, aged 49, is awaiting a decision on whether to extradite him to Northern Ireland for the 1998 murder of John Knocker. Lanigan was arrested in Dublin in January 2013 on an extradition warrant and claims that surrendering him would pose a "significant risk to his life." He has been remanded in custody and is represented by Dr Michael Forde SC, who argues that evidence of risk is inadmissible and that the UK's detention plans should be excluded. The court has heard that Lanigan used a false name and has worked as a self‑employed barber. Justice Deirdre Murphy has reserved judgment until September, after which the court will decide whether to extradite Lanigan. The case remains at the extradition stage, with no verdict or sentencing yet.
In a High Court hearing on 23 July 2014, Mr Justice Nicholas Kearns ordered the winding up of Berehaven Credit Union (BCU), a Munster‑based credit union with 3,500 members. The Central Bank had requested the order after learning in 2010 of serious governance and financial problems at BCU, including irregular lending to connected parties, failure to meet regulatory reserve requirements, and a negative regulatory reserve ratio of –3.8%. The bank had directed BCU to limit lending, cap investments, and restore its regulatory reserve ratio to 10%, but BCU could not raise the €1.3 million needed to comply. The court appointed Jim Hamilton and David O'Connor of BDO Ireland as provisional liquidators, noting that an orderly wind‑up was in the public interest and would protect depositors under the €100,000 guarantee scheme. The case was adjourned for a week to allow further proceedings.
In a High Court hearing on 22 July 2014, Mr Justice Paul Gilligan granted a temporary injunction to the owners of a Dublin city centre property at No 6 Merrion Square, preventing Charlie Allen and his supporters from entering or approaching the premises. The owners, Claude Fettes, Annette Cooper and Marc Godart, alleged that Allen, who claims the Rodolphus Allen Family Private Trust has an interest in the property, unlawfully forced his way in earlier that month and remained with several supporters, including a man with a large Alsatian dog, for several days. During the occupation, carpets were removed and the basement, used by a sound‑recording business, was blocked. Allen and his associates left the building last weekend, but the owners feared he might re‑enter, prompting the injunction. The order was granted ex‑parte and was adjourned to later that week.
Peter Mulligan, a 49‑year‑old businessman from Glasgow living in Dublin, pleaded guilty in Swords District Court to assaulting a 40‑year‑old woman in the car park of Skerries Train Station on 19 November 2012. He claimed the headbutt was not intentional, arguing that the woman had swore at him and that her car had made contact with his. Mulligan paid the victim €750 and donated €500 to Fingal Bereaved by Suicide. The victim suffered bruising above her left eye. Mulligan, who has no prior convictions, is a consultant in sales and marketing and runs a business that collapsed in 2011. Judge Dermot Dempsey struck the case out after the compensation was paid. The incident occurred in front of Mulligan's nine‑year‑old daughter. The court noted the argument involved finger‑wagging and a face‑to‑face confrontation. The case was dismissed following the financial settlement.
The High Court heard an application by the Revenue Commissioners to lift a suspended six-month prison sentence imposed on a Granard car dealer in 2012 for contempt of court. Pauraig Kane, formerly involved with Kane Motors, owes €5.2 million in unpaid taxes dating from a 2004 assessment. The Revenue claimed Mr Kane breached conditions attached to the suspended sentence, including an obligation to clear vehicles from the yard and refrain from dealing in third-party cheques. The Revenue also alleged he failed to sell nine properties as undertaken to discharge his tax debt. Mr Kane's legal team opposed the application, denying deliberate non-compliance. The defendant maintained he had attempted to fulfil the court's orders, though he acknowledged no money had been paid to Revenue. He attributed difficulties with property sales to a solicitor's suspension and negative equity issues. The case was adjourned to continue.
A High Court dispute between brothers Patrick and Paul Elliott concerning the management of Elliott Construction Ltd, a County Cavan property company, has been resolved. Patrick Elliott, who holds a 60 per cent shareholding and serves as chief executive, had sought an order under the Companies Act 1961 to convene a general meeting with a single shareholder present. His application aimed to facilitate the appointment of an additional director to the company's board. Paul Elliott, a 40 per cent shareholder and director, opposed the application. The disagreement between the brothers arose from works undertaken on Shelbourne Plaza in Ringsend in 2008, and previous mediation efforts had proved unsuccessful. Following discussions facilitated by Mr Justice Paul Gilligan, both parties consented to the matter being struck out. The terms of the settlement remain confidential. The judge welcomed the resolution of what he described as a difficult situation.
In a High Court case concerning the Pygmalion Public House, businessman Paul McGlade, who had acquired an interest in the Dublin nightspot last year, claimed he was excluded by his fellow shareholders, brothers Jay and Tim Bourke, from the premises. McGlade, together with Fellerim Ltd and Lintrath Holdings Ltd, sued the Bourke brothers and Pygmalion Public House Ltd, asserting that a 2013 agreement entitled him to run the business. He sought orders to restore his management role and injunctions to prevent the Bourkes from barring his entry or changing the locks. On the day the matter was heard, counsel for McGlade, Patricia Dillon SC, informed Justice Paul Gilligan that the dispute would not trouble the court and could be struck out. Counsel for the respondents, Patrick McCann SC, agreed that the matter could be struck out. No agreement details were disclosed in open court.
In July 2014 the Child and Family Agency (CFA) filed a High Court challenge against District Court Judge Colin Daly's decision to direct the agency to place a neglected child in the care of her parents. The case involved a young girl who had missed more than half of her school days over the previous three years, with the CFA citing serious concerns about her welfare and her mother's drug addiction. Judge Daly had granted an interim care order under Section 17 of the 1991 Child Care Act, finding that the child's chronic non‑attendance amounted to educational neglect and directing the CFA to place the child with her parents. He also ordered the parents to attend support meetings and programmes. The CFA argues that once a finding of neglect is made, the court has no jurisdiction to direct placement and that the child must be placed in the CFA's care.
In a High Court hearing on 11 July 2014, the owners of The Gables restaurant and Wine Bar in Foxrock, John and James McCabe, were involved in a stand‑off with the property owner, Daphne Kaye, over unpaid rent arrears of about €379,000. The McCabes, directors of McCabes Wine Warehouse Ltd, had been operating the restaurant and wine shop under lease since 2001. Kaye had claimed the McCabes were trespassing and sought to have them vacate the premises. The dispute escalated to the point where Gardaí were called and the restaurant was closed. The stand‑off ended after the parties reached an agreement, and the High Court was informed that the restaurant would reopen for business on Friday evening, subject to a payment to Kaye. The judge adjourned the matter to Wednesday to allow the settlement to be implemented.
Stella Esemuede, who ran Notedo's restaurant in a basement unit on Moore Street since 2009, claimed her landlord, Parnell Street Project Ltd, forced her out after she objected to a rent increase. She said the landlord had doubled her rent from €1,500 to €4,000, a figure she denied. After being evicted and having her utilities cut, Ms Esemuede sought injunctions to regain the premises. The High Court granted a temporary injunction and, following an agreement, allowed her to return to the unit and resume trading. The parties agreed she would pay €2,009 per month, covering rent and utilities. The judge adjourned the case, permitting further discussion before a full hearing, and welcomed the commercial settlement reached between the parties.
In a High Court hearing on 9 July 2014, Mr Justice Paul Gilligan considered a dispute between the McCabes, directors of McCabes Wine Warehouse Ltd, and Daphne Kaye, owner of the property housing The Gables restaurant and Wine Bar in Foxrock. The McCabes had leased the premises since 2001, but Kaye claimed they were trespassing after the company allegedly failed to pay €379,000 in arrears. Kaye's counsel, Matthew Jolley, sought a short service of proceedings to compel the McCabes to vacate. The judge granted the application and adjourned the case to Friday, hoping the parties could resolve the matter. Rossa Fanning, counsel for the McCabes, reported that all parties had agreed to leave the premises, which would remain closed until the court reconvened. The adjournment was intended to allow the McCabes to respond to Kaye's claims and to pursue a settlement. The case remains pending pending the parties' efforts to resolve the dispute.
The family of a 48-year-old man from Creenagh, County Longford, who died in a wall collapse at a DIY store has been awarded €750,000 in damages following a High Court settlement. Sean Mulleady sustained fatal injuries when an internal wall, measuring 6.5 metres high and 8.4 metres wide, collapsed on him and several others at Connacht Gold Co-Op Society's premises on Athlone Road, Longford on 29 January 2013. His widow, Teresa Mulleady, brought proceedings on her own behalf and that of their three children against the store operator, the building owners, the construction company, and the project manager. She alleged the defendants had failed to maintain a safe premises and had breached their duty of care. All defendants denied liability. Mr Justice Paul Gilligan approved the settlement, describing it as a good award in the circumstances. The judge commended Mrs Mulleady for her resilience throughout the case.
In a High Court case, beautician Magdalena Glegola sues the State over unpaid wages. She was dismissed in November 2011 when Metro Spa Ltd was wound up. After a Rights Commissioner awarded her €16,000, she applied to the Minister for Social Protection for payment from the Social Insurance Fund but received none because the State requires a liquidator or receiver before a company is deemed insolvent. Glegola argues that EU Directive 2008/94 and the Protection of Employees Acts entitle her to receive part or all of the award from the fund. She seeks a declaration that the State breached the directive by imposing the liquidator requirement, that it failed to transpose the directive correctly, and damages. The case is considered significant for employees of companies that cease trading. The High Court has granted leave to proceed and set a return date for October.