In a High Court written judgement, Mr Justice Richard Humphreys criticised the Child and Family Agency (CFA) for focusing on a father's alleged "inappropriate acts of a sexual nature" – specifically, masturbating in front of his eldest daughter – while allegedly ignoring more serious sexual abuse claims involving another man who had ongoing access to children. The father, who denies wrongdoing, seeks to appeal the CFA's finding that he engaged in child sexual abuse and that he should not have unsupervised contact with children. He also wants his daughter cross‑examined during the appeal. The judge ruled that the father is entitled to such cross‑examination and that if it does not occur within two months the appeal will be allowed. He ordered that the identities of those involved remain confidential and that the CFA's findings cannot be relied upon until the cross‑examination has taken place.
A new dispute over the sale of a 25% share in the Burlington Plaza office block in Dublin 4 has been brought before the High Court. Coolbrook Developments, which owns 50% of the property, has sued Percy Nominees Ltd, the other shareholder, seeking injunctions to stop the sale until a mutually agreed third party is appointed to manage the process and to ensure the buyer is at arm's length. Coolbrook's complaint stems from a prior sale of Lington's Development Ltd's 25% share to Davy Target Investments plc, which Coolbrook alleges was conducted improperly and breached the co‑owners' agreement that requires arm‑length buyers. Coolbrook also claims that Davy or its subsidiaries were not arm‑length parties. Lawyers for Percy denied all allegations, arguing there was no evidence to support Coolbrook's claims. The court struck out the injunction application against Percy but allowed Coolbrook to re‑enter the proceedings with 24‑hour notice.
In February 2017 the Solicitors Disciplinary Tribunal in Dublin found former solicitor Eoin M Dee guilty of misconduct on three counts. The first count concerned the non‑payment of €1,691.24 in fees owed to senior counsel Aidan Doyle for a personal injury case involving an insurance company and a policy holder. The second count was the failure to respond to letters from the Law Society of Ireland in 2014 and 2015 about the unpaid fees. The third count was the failure to attend a meeting of the Law Society's complaints committee in July 2015. The tribunal noted that Mr Dee had practised as a solicitor from June 1998 until 31 January 2014 and that a High Court order in October 2016 had restricted him to practising only as an assistance solicitor.
Carol Sheridan, a 55‑year‑old clerical officer with 37 years at Irish Rail, was dismissed on safety grounds after a random breath test on 27 September 2023 recorded 50 µg per 100 ml, above the company's 35 µg threshold. She was initially suspended, then dismissed following a disciplinary process. Sheridan argues that no serious safety issue was identified and that she had not consumed alcohol at work, only the night before. She appealed the dismissal; a Disciplinary Appeal Tribunal set it aside on condition she received a written warning and underwent random testing, which she accepted and returned to work in December. The company, citing safety concerns, refused to comply with the tribunal's decision and sought to dismiss her again. Sheridan's union requested clarification of the safety issue, but Irish Rail maintained its position. The case was adjourned to May, with Sheridan to receive her salary pending the hearing.
In a High Court case, the Irish Medical Organisation (IMO) and a junior doctor, Dr Gabriel Beecham, settled a challenge to the 2012 abolition of the €61‑per‑week Living Out Allowance for non‑consultant hospital doctors (NCHDs). The allowance, amounting to about €3,190 per year, had been paid to NCHDs who did not receive free accommodation. The IMO argued that the abolition breached a 2010 settlement agreement that guaranteed the allowance, and that section 22(4) of the 2004 Health Act did not authorize the government to remove it. The case, which had been adjourned for settlement talks, was resolved before Mr Justice Paul Gilligan, with the government and HSE consenting to strike it out. The settlement ended the dispute over the allowance's payment to junior doctors.
In a High Court case on 16 February 2017, Anthony Stokes, a 28‑year‑old former Blackburn Rovers footballer, was ordered to pay €230,000 in damages to Anthony Bradley, a 53‑year‑old Elvis impersonator, after Stokes head‑butted Bradley in the VIP lounge of Buck Whaleys Nightclub on 8 June 2013. The jury, after about 90 minutes of deliberation, found that Stokes had assaulted Bradley, who sustained a broken nose, dental damage, and aggravated neck problems. Bradley also suffered psychological injury and sleepless nights. The court awarded Bradley general and aggravated damages, plus costs for medical expenses already paid, and required Stokes to cover Bradley's legal costs. Stokes did not attend the hearing, citing his partner's impending childbirth, and had previously dismissed his legal team. The judge declined to award costs against Stokes on a solicitor‑client basis. The judgment was delivered by Justice Colm Mac Eochaidh.
The Master of the High Court, Edmund Honohan SC, struck out a summons brought by Havbell Designated Activity Company seeking possession of investment properties in Dublin that were secured against loans acquired by the company. He said the fund's papers were not in order and that stamp duty had not been paid on the documentation for the transfer of loan portfolios from financial institutions such as banks and building societies to the fund. Lawyers for the fund argued that they were exempt from paying stamp duty on the loan transfer, but Mr Honohan disagreed, citing the 1999 Stamp Duties Consolidation Act which requires stamp duty on documents that go before the courts. He questioned whether the fund's claim of exemption was another loophole being used by "vulture funds" and wondered if any Capital Gains Tax had been paid on the transfers.
The State apologised to the Topolnicki family of Ashmount, Clonsilla, after the Gardaí repeatedly called their home on eight occasions over three years, searching for a person who did not live there. The family, represented by Pat O'Connell SC and Breffni Gordan Bl, had sued the Garda Commissioner, the Minister for Justice, Ireland and the Attorney General, seeking orders restraining the Gardaí from entering or attending their dwelling and from harassing or intimidating family members. Mr Justice Paul Gilligan heard that the State offered an unconditional apology and that the Gardaí had made a mistake by calling the wrong address. The family had previously secured an undertaking that the Gardaí would not intrude unless authorised by a valid warrant. The injunction action was settled and could be struck out, and the family were to recover their legal costs.
Two separate disputes over the sale of a 25% interest in the Burlington Plaza office block in Dublin were heard in the High Court. Coolbrook Developments, which owns half of the property, claimed that Lington Development Ltd breached an owners' agreement by selling its share without first marketing it. Coolbrook sought a temporary injunction to stop the sale and any further action by Lington, but the court was informed that the sale had closed on the morning of the hearing. Lington's counsel said the injunction was now moot and that Coolbrook could only seek damages. Meanwhile, Lington had obtained a temporary injunction against Dengrove DAC, which had tried to enforce a security interest in the property. Dengrove had demanded full repayment of a debt owed by Lington and threatened to appoint a receiver. The court adjourned both matters to Wednesday to allow the parties to exchange documents relating to the sale and the transfer of funds.
Mary Walsh, aged 66, intends to appeal a High Court order that requires her to pay one‑sixth of a €3.3 million lotto win to her stepson, David Walsh, aged 52. The court, presided over by Mr Justice Richard Humphreys, had earlier ruled that Walsh must pay the share and legal costs to David, who claimed entitlement based on his signature on the back of the winning ticket. Walsh, who was married to David's late father Peter, denied the claim and argued the ticket was hers, citing a supposed offer of her house in lieu of €200,000. The judge rejected all of Walsh's counter‑claims, imposed an injunction preventing her from reducing her assets below €929,000, and ordered discovery to aid execution of the judgment. Walsh's lawyers argued she would not dissipate assets and that her sworn statement was meant to counter the freezing order.
A High Court judge has dismissed an appeal by a Cavan couple against a bank repossession order, while strongly criticising unqualified advisers giving flawed legal guidance to homeowners in financial difficulty. Mr Justice Seamus Noonan rejected all grounds of the application by Mark Flynn and Mairead Flynn from Derry Shercock, who sought to set aside a Cavan Circuit Court order granting KBC Bank possession of their home. The judge expressed serious concern about "shadowy advisers" and "hob lawyers" who lack legal qualifications yet charge vulnerable people for defective counsel about their rights. He noted the applicants had claimed entitlement to transfer their mortgage to an entity called the People's Mortgage Protection Vehicle under legislation, which the judge described as "utterly misguided and spurious". The judge stated that people facing financial distress compound their problems by consulting unregulated advisers offering false hope, and recommended engagement with qualified representatives or organisations such as MABS and the Insolvency Service of Ireland instead.
Sean Walsh, 50, of St John's Well, Fair Hill, Co Cork, was charged on 14 December 2016 with membership of the Irish Republican Army, an unlawful organisation. At a bail hearing in the High Court, the State objected to his bail application, citing the seriousness of the charge. Detective Sergeant Patrick Murphy and Chief Superintendent Barry McPolin presented evidence under Section 2A of the Bail Act, arguing that bail would risk the commission of a serious offence. Judge Paul Coffey agreed, refusing bail and remanding Walsh in custody.
In a High Court hearing on 10 February 2017, Thomas Fox, aged 29 and resident of Rutland Court in north inner city Dublin, was denied bail after being charged with the murder of Gareth Hutch, who was shot dead outside his home on North Cumberland Street in Dublin 1 on 24 May 2016. Fox had applied for bail, but counsel for the Director of Public Prosecutions, Eoghan Cole BL, argued against it on several grounds. The court considered evidence presented by Chief Superintendent Pat Leahy and Detective Sergeant Bob O'Reilly, and applied section 2 of the Bail Act 1997. Justice Isobel Kennedy refused bail, citing the need to prevent a further serious offence and the possibility that the accused might abscond. The decision was made under the principles of "O'Callaghan" and the provisions of section 2.A of the Bail Act, which require the court to weigh the seriousness of the offence and the likely sentence upon conviction.
In February 2017, Cornelius Minihane, a fisherman from Castletownbere, Cork, brought a High Court action against Skellig Fish Limited, alleging the company failed to honour a contract to sell him 324 gross tonnes of fishing capacity for €900,000. Minihane claims the company has not completed the deal and may attempt to transfer the capacity to another party, which he says would cause irreparable damage to his economic interests. He had paid a €90,000 deposit and commissioned a new trawler costing €6 million, financed partly by a loan from AIB. Minihane also expressed concerns after learning that Skellig Fish's shareholders had sold shares to Spanish investors. On ex‑parte, Mr Justice Paul Gilligan granted a temporary injunction preventing Skellig Fish from selling, alienating, charging or mortgaging the fishing capacity, and adjourned the case to the following week. The injunction protects Minihane's interest pending further proceedings.
In a High Court hearing, retired businessman John Cassidy of Rocklands House, Tramore, Waterford, argued that a Tree Preservation Order (TPO) issued by Waterford City and County Council on 8 November 2016 unlawfully prevented him from cutting down sycamore trees on his 6.5‑acre property, Bookies Wood. Cassidy had received a Limited Felling Licence from the Department of Agriculture in January 2016, allowing him to fell sycamores that were causing nuisance and safety concerns for neighbouring properties. He claimed that the TPO, which prohibits cutting down sycamores and Red Oaks, was imposed without his consultation and that it interfered with his lawful rights under the licence. Cassidy seeks judicial review to quash the TPO, declarations that the order is null and void, and damages from the council. Permission to proceed was granted by Mr Justice Seamus Noonan, with the case scheduled for a March hearing.
In a High Court case, Mr. Chris Mahon and his wife Shelia Mahon sued Laois County Council for flood damage to their Clonaheen home caused by works on a culvert beneath the road. The floods occurred in August 2008 and November 2014. The Mahons alleged the council was negligent, claiming the culvert was defective and that the council failed to repair it, leading to two extensive floods that destroyed their property. The council denied negligence, attributing the floods to record rainfall and suggesting the Mahons' own alterations contributed. After negotiations, the parties settled: the council will carry out voluntary flood relief works within 12 weeks, and the case may be struck out. No further settlement details were disclosed. The judge welcomed the settlement and the preventive measures agreed.
Gary Davis, 28, of Wicklow, is alleged to have administered the Silk Road website, which dealt in illegal drugs and hacking software. He faces US charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering, with a potential life sentence if convicted. The High Court ordered his extradition in August, but he appealed. The Court of Appeal heard the appeal today and has reserved judgment. Davis's lawyers argue that his Asperger's Syndrome and depression would make him vulnerable to inhumane treatment and violence in US prisons, and that he would be isolated from family support. They cite expert testimony from Professor Simon Baron‑Cohen and claim the US prison system lacks the individualized care he needs. The Attorney General's counsel maintains that extradition is lawful and that mental health does not preclude imprisonment. The three‑judge panel will decide the case later.
A man, whose identity cannot be published, was charged with seven counts of gross indecency under Section 11 of the Criminal Law Amendment Act 1885 for alleged sexual activity with a teenage boy between 1978 and 1980 while he was in a position of authority. The alleged acts included buggery, oral sex and the boy being required to masturbate the man. His lawyers sought to halt the trial on the grounds of delay and on the claim that Section 11 was incompatible with the Constitution and the European Convention on Human Rights. The High Court rejected the reliefs, and the Court of Appeal reserved judgment. On appeal, Mr Justice George Birmingham dismissed the appeal, stating that the conduct alleged was illegal both at the time and today, and that the defendant had no standing to challenge the constitutionality of the offence.
In a High Court hearing, Mr Chris Mahon of County Laois described how flood waters in November 2014 surged across his property like a "small tsunami," breaching the front door of his family home at Clonaheen, Mountmellick, after a local stream overflowed. He recalled hearing a cracking noise before the water rose to his boots, and that a family dog was rescued from the yard. The flooding caused extensive damage to the interior, yard, and drinking water supply, leaving the Mahons unable to obtain flood insurance. Mr Mahon, who became upset during testimony, said the council's 2007 culvert works were negligent, leading to a collapsed section that backed up water. He seeks damages and an injunction to repair the culvert, while the council denies negligence, attributing the floods to record rainfall. The case is before Mr Justice Paul McDermott, with mediation suggested.
Warren Dumbrell, a convicted murderer from Emmet Place Inchicore, has brought a High Court challenge regarding his detention conditions in a segregation unit at Midlands Prison. Dumbrell, aged 42, is serving a life sentence for the 2006 murder of Christopher Cawley, for which he was found guilty by a jury at the Central Criminal Court in 2011. He alleges that prison authorities have kept him segregated from the mainstream population for years without invoking the required prison rules, claiming this constitutes a breach of his constitutional rights. Dumbrell seeks orders to quash the segregation decision, direct his release from the unit, and declare his separation unlawful. He contends that his isolation stems from a 1997 Mountjoy Prison siege incident, for which he received a ten-year sentence, though counsel acknowledged this link would be difficult to prove. While prison authorities assert his cell is standard and he has access to various facilities and classes, Dumbrell's counsel disputes this, citing barred structures and denied association requests. Permission to bring the action was granted on an ex-parte basis by Mr Justice Seamus Noonan, with the matter set to return to court in late March.
A judicial review challenge to An Bord Pleanála's approval of a North-South electricity interconnector has been brought before the High Court. The applicant, David Malone, seeks to have the board's December 2016 decision quashed. The proposed interconnector is to extend from Batterstown in Meath to Turleenan in County Tyrone, comprising almost 300 pylons across Meath, Cavan and Monaghan. Mr Malone contends the decision is unlawful and breaches national and EU law, citing failures to implement Environmental Impact Assessment directives and Planning and Development Act provisions, along with non-compliance with EU Public Participation Directives. EirGrid, the infrastructure operator, is a notice party. Mr Justice Seamus Noonan heard the application on Monday and adjourned the matter for one week to permit technical amendments to the statement of grounds. The interconnector proposal faced objections from approximately 200 landowners citing health and environmental concerns.
In February 2017 the High Court formally ended proceedings over the occupation of Apollo House in Dublin City Centre. Mr Justice Paul Gilligan was told by Stephen Dowling Bl, the receivers, that all remaining items of property, including furniture and beds that had been brought into the building, had been removed. During the occupation a large number of items had been donated by the public to the Home Sweet Home coalition, the group that organised the occupation. All occupants had left Apollo House by 12 January. The legal action, in which the receivers sought orders to end what they described as an illegal trespass, had been adjourned several times to allow the removal of the items. The judge welcomed the news and struck out the proceedings with no order.
In a High Court hearing on 2 February 2017, Justice Aileen Donnelly ordered the surrender of Naoufal Fassih, a 36‑year‑old Dutch citizen of Moroccan origin, to Dutch authorities under three European Arrest Warrants. Fassih was arrested in Dublin in April 2016 during a Garda swoop on an apartment believed to belong to the Kinahan gang. The warrants cover alleged attempted murder, assault, possession of false documents and money laundering in Ireland, and an alleged money‑laundering offence in the Netherlands. Justice Donnelly rejected all objections raised by Fassih's lawyers, awarded legal costs to the State, and noted that the State was entitled to only one day's worth of costs due to the staggered nature of the proceedings. Fassih made no reaction to the judgment. The court found no grounds to prohibit his surrender on the points raised by his counsel. The decision confirms the extradition of Fassih to the Netherlands for the pending charges.
In a High Court case, David Walsh sued his step‑mother, Mary Walsh, claiming a €560,000 share of a €3.38 million Lotto win. The dispute centred on a ticket that had six signatures, including David's, and the claim that the money was held in trust for him. Mary Walsh denied the claim, asserting she was the sole winner and that David had chosen a house over a cash offer. She said she had been offered a house belonging to her late husband, Peter Walsh, and that she had accepted it. The court heard evidence from former National Lottery manager Eamonn Hughes, who discussed the lack of formal rules for syndicate payouts and the possibility of gift‑tax avoidance. The parties had attempted out‑of‑court talks, but no settlement was reached. The case was set to conclude after the evidence was finished, with both sides preparing legal submissions.
In a High Court hearing, Mary Walsh, aged 66, claimed she was the sole winner of a €3.38 million Lotto jackpot won on 22 January 2011. She said the winning ticket was hers, not part of a syndicate, and that she had bought two tickets—one for herself and one for her late husband, Peter Walsh. Walsh explained that she discovered her win only after the draw, confirmed it with a National Lottery official, and had several relatives sign the back of the ticket to avoid tax. She denied that the ticket belonged to a seven‑person syndicate and that she held a €560,000 trust for her stepson, David Walsh, who is suing for a one‑sixth share. The case remains pending.
Patrica Tsouros has brought a High Court challenge against the County Registrar for Dublin, the Minister for Justice and Equality, Ireland, and the Attorney General, seeking to quash a repossession order granted to KBC Bank Ireland Plc regarding her Donnybrook home. Ms Tsouros alleges the order, made in November 2016, was issued without her solicitor being heard, as the registrar refused to listen to counsel who was not on record. She claims she was unaware of mortgage defaults until proceedings were served in 2015 and that her request for time to instruct counsel was denied, with the registrar stating there was no defence. The applicant argues this breach of fair procedure rendered the decision unreasonable and irrational. KBC Bank is a notice party. In these proceedings, Mr Justice Seamus Noonan granted permission to bring the challenge on an ex-parte basis. The matter was adjourned and made returnable to a date in March.
In a High Court hearing on 30 January 2017, Mr Justice Seamus Noonan reiterated his caution regarding the provision of legal advice in cases challenging repossession orders. He noted that several applications contesting such orders had recently been brought before the court, many by self-represented litigants. The judge questioned the sources and quality of the advice underpinning these applications. While dismissing a farmer's challenge to a Circuit Court order that granted a repossession to the Bank of Ireland over the farmer's family home, Noonan explained that the farmer's claim was based on unsuitable grounds for judicial review, which concerns legality rather than merits. He urged that dissatisfied parties appeal to the High Court rather than file judicial reviews, warning that the latter could jeopardise their right to appeal within the statutory period. The farmer denied any external assistance, asserting his application was based on his own research. The judge expressed sympathy for the farmer's situation but upheld the dismissal.
In a High Court hearing on 27 January 2017, counsel for the Minister for Justice argued that Dutch citizen Naoufal Fassih, aged 36 and of Moroccan origin, should be extradited to the Netherlands to face three European Arrest Warrants. The first charge concerns an attempted murder and assault at a Dutch nightclub on 5 October 2012, where Fassih allegedly participated in a fight that left several injured. The second charge involves possession of over €10,000 in cash found on him in 2012, which Dutch prosecutors say could constitute money‑laundering under Dutch law. The third charge alleges possession of a false passport.
In a High Court hearing on 26 January 2017, David Walsh, aged 52, pursued a claim against his stepmother Mary Walsh, aged 65, for a one‑sixth share (€560,000) of a €3.38 million Lotto win dated 22 January 2011. Walsh, one of six signatories on the back of the winning ticket, argues that the prize money is held in trust for him by his stepmother and the estate of his late father, Peter Walsh. Mary Walsh denies that the ticket was part of a syndicate and asserts she purchased and owned it, claiming the signatures were added to avoid tax on gifts. She also alleges that Walsh was offered a choice between €200,000 or the family home at Knocknagreena, which he allegedly declined. The court considered technical and procedural arguments, and a motion to strike out part of Walsh's claim was dismissed as "quite illogical" and lacking substance. The case was set to resume on Friday.
In a High Court hearing on 26 January 2017, Ms Justice Carmel Stewart addressed Jimmy Quinn and his estranged wife Edel Burke, who own two mortgaged properties in Galway that have had no repayments since 2008. The judge confirmed that Mr Simon Coyle of Mazars had been validly appointed as receiver over the properties at Cuirt Seoige, Grelaishtown Townparks, and Ballypoint, Salthill. She granted injunctions preventing the couple from residing in, entering, renting out, or interfering with the sale of the properties, and from obstructing the receiver's duties. Ms Burke, who still lives at Cuirt Seoige, and Mr Quinn, who run an equine business, argued the receiver's appointment was invalid, but their claim was dismissed. The judge urged the couple to confront the situation, negotiate with the bank, and noted she would place an eight‑week stay on the orders to allow an arrangement to be reached. If no agreement is made, the orders will take effect.
In January 2017 the High Court heard and resolved two separate disputes involving KOD Lyons, a prominent Dublin solicitors' firm. The first case saw Michael Kelleher, a former partner, bring proceedings against fellow partners John O'Doherty and Aine Flynn, alleging he had been frozen out of the practice. The court found the claims denied, noting that the partners had recognised the partnership could no longer continue. After significant talks, the parties agreed to resolve their differences, allowing the case to be struck out. Kelleher will leave the firm to set up his own practice, while KOD Lyons will continue. The second case involved KOD Lyons suing former solicitors Freda Murphy and Niamh O'Brien for breach of contract and seeking injunctions. That action was also settled amicably, with no terms disclosed, and the case was adjourned to implement the settlement. All parties thanked the court for facilitating the talks. The court welcomed the settlements.
John O'Connor (53) and Christopher McCarthy (29) of Kilbaha, Moyvane, Co Kerry, are charged with unauthorised turf‑cutting on Moanveanlagh Bog, a designated Special Area of Conservation outside Listowel. They face a maximum sentence of three years' imprisonment or a fine up to €500,000. The offence was created by ministerial regulations transposing the European Communities (Birds and Natural Habitats) Regulations 2011 into Irish law. O'Connor's appeal, represented by Michael Lynn SC, argues that the Minister acted outside his powers and that criminal sanctions should arise only from primary legislation, not ministerial orders. Counsel for the State, Conor Power SC, countered that the Habitats Directive imposes a positive obligation on the State to take measures to conserve such sites. The Court of Appeal, presided over by Justice Garrett Sheehan, will decide the appeal after dismissing the men's earlier High Court case in 2015.
A High Court hearing before Mr Justice Donald Binchy has opened regarding a challenge to Dublin City Council's decision to convert the former Parish Centre at Carman's Hall, Francis Street, into a homeless hostel. The applicants, comprising Carman's Hall Community Interest Group, Michael Mallin House Residents Association, and Elizabeth O'Connor, allege that the Council's October 28 decision authorising the change of use is unlawful and breaches planning laws. They seek an order quashing this decision, arguing the process was conducted without adequate public consultation and that the area is over-saturated with such facilities. The Council opposes the action, stating the facility addresses a humanitarian crisis and rejecting claims of contravention of the City Development Plan. Fr Dolan, representing the Catholic Community, submitted that the building was never a community centre and that the parish unanimously supported leasing it to house rough sleepers. The hearing is currently ongoing, with the matter not yet finalised.
Two directors of the building firm Tson Ltd, formerly Barnmore Ltd, which entered liquidation in 2011, have agreed to court orders that restrict their involvement with any company for five years. The restrictions were sought by the official liquidator and chartered accountant Aiden Murphy, who had previously applied for disqualification orders against brothers Patrick and Brendan O'Halloran. The brothers, represented by Hugh O'Neill SC, opposed the application. The liquidator's claims were based on allegations that the directors engaged in reckless trading, intended to defraud creditors, failed to act honestly, and did not keep proper books and records, resulting in a loss of more than €2 million owed to creditors. The settlement, approved by Mr Justice Paul Gilligan, also requires the O'Hallorans to pay a six‑figure sum to AIB in two instalments within three months, and the restrictions are suspended until late April to allow the brothers to arrange their other company affairs.
In a High Court hearing on 17 January 2017, Mr Justice Paul Gilligan confirmed that the occupation of Apollo House had ended when the last resident left the building a few hours after the court's last appearance. The judge noted that the Home Sweet Home coalition had donated furniture and beds to the occupants, and that efforts were underway to remove these items. Solicitor Gary Daly, representing Glen Hansard, Brendan Ogle, Aisling Hedderman and Carrie Hennessy, said the receivers were seeking indemnity for any claims arising from the occupation, citing a query about a donated boiler. Mr Justice Gilligan adjourned the case for two weeks to allow the building to be vacated and ordered the defendants to ensure all donated property was removed, with the building returned to its pre‑occupation state. The injunction, originally granted in December, had been extended to 11 January, after which all residents departed.
In a High Court hearing on 16 January 2017, Mr Justice Seamus Noonan criticised the quality of legal advice given to lay litigants who sought to challenge repossession orders issued by Circuit Court judges. He dismissed several unrelated actions brought by individuals representing themselves without counsel. The applicants had applied for permission to bring judicial review challenges against decisions granting repossession orders over properties, including family homes, in favour of financial institutions. Noonan said the common ground cited – alleged failure of the institutions to provide adequate evidence of debt ownership – was not suitable for judicial review. He suggested such cases should be appealed to the High Court de novo. The judge questioned whether the litigants had received advice from friends or the internet, noting that misinformation could harm their chances of appeal. He expressed sympathy for a couple who brought a challenge but had no alternative but to dismiss their case.
A homeless family of seven, represented by Cormac Ó Dúlacháin SC, has filed a High Court challenge to regain emergency accommodation at the Abberley Court Hotel in Tallaght after claiming they were unlawfully evicted on 22 December. The family, including Gareth Phelan, Lisa Murphy, their three children and two from a previous relationship, argue that their current accommodation at the Regency Hotel in Drumcondra is unsuitable and that they received no written notice explaining the withdrawal. They allege that the eviction was linked to complaints Phelan made about the hotel's conditions and a health‑and‑safety incident involving a sock on a smoke detector. The family seeks an order quashing the withdrawal, declarations that the decision was irrational and a breach of constitutional and European Convention rights, and damages. Mr Justice Seamus Noonan adjourned the hearing to Friday morning.
In a High Court hearing on 13 January 2017, solicitor Michael Kelleher sued partners John O'Doherty and Aine Flynn of KOD Lyons, a Dublin firm specialising in criminal and human rights work, claiming he had been frozen out of the partnership. Kelleher's counsel, Frank Callanan SC, argued the dispute was internal, while Macus Dowling BL for Flynn and O'Doherty denied wrongdoing and noted the partnership could no longer function. The judge considered appointing a receiver and possibly selling the firm, and adjourned the case to the following Wednesday to allow a receiver to be identified. The dispute also affected a separate action by KOD Lyons against former employees Freda Murphy and Niamh O'Brien over alleged breach of contract; that claim was also adjourned. Justice Carmel Stewart urged the parties to resolve the matter before the next hearing.
Masterlift Ireland Ltd, a forklift company employing 35 people, secured a temporary High Court injunction from Mr Justice Paul Gilligan to regain access to its 60,000‑sq‑ft unit at Greenogue Business Park, Rathcoole, after being locked out by Royal Goldstein III Ltd (RGL). Masterlift had been leasing the premises since 2008 and claimed the lock‑out caused substantial disruption. RGL, newly owning the property following a receivership, had changed the locks without prior notice, allegedly threatening to clamp Masterlift vehicles and charge €1,000 for release. Masterlift's managing director, Dermot Carroll, received a call from a purported RGL employee stating Masterlift had no lease and that its vehicles were interfering with RGL's access. The injunction, granted ex‑parte, prohibits RGL from denying access, changing locks, selling property in the premises, or interfering with parked cars, and is returnable on Tuesday. The case remains at the interim injunction stage.
In a High Court hearing on 12 January 2017, Mr Justice Paul Gilligan was informed that the occupation of Apollo House in Dublin City Centre had ended and that all homeless occupants had left. The Home Sweet Home Coalition, which had organised the occupation, confirmed that all donated furniture and property were to be removed, but one male resident had refused to leave. Counsel for the coalition acknowledged the court had earlier been told the occupation had ended and expressed confidence that the man would vacate. The Gardaí were handling the matter and had requested a pause on removal until the building was fully vacated. The receivers, appointed by Nama, welcomed the development and offered assistance in winding down the occupation. The judge adjourned the case to the following Tuesday, allowing the vacating process to continue and permitting parties to re‑apply if necessary.
Piotr Pawel Skiba, wanted in Poland to serve two prison sentences, was arrested in Ireland under a European Arrest Warrant. The High Court ordered his surrender on December 1, with the plan that he would be flown from Dublin to Poland on a commercial flight accompanied by Polish police. At the departure gate, Skiba refused to board and the flight captain decided not to take him on. The surrender attempt was abandoned and Skiba was returned to Cloverhill Prison. The High Court set a new surrender date of January 5, citing circumstances beyond the State's control. The Court of Appeal upheld the order, lifting the stay. Skiba's solicitor later informed authorities of a claimed fear of flying, but no medical evidence was provided, and the court found the claim insufficient to justify the delay. The appeal was dismissed, and the surrender order remained in force.
The High Court heard that the occupation of Apollo House in Dublin City Centre has ended and all occupants have left. Michael Lynn SC, representing the Home Sweet Home Coalition, informed Justice Paul Gilligan that the building is now vacated, though removal of donated furniture and property will take additional time. Rossa Fanning SC, speaking for the Nama‑appointed receivers who own the property, welcomed the development but noted that possession had not yet been re‑established and that the receivers would assist in an orderly wind‑down. The court adjourned the matter to 2 pm on Thursday for an update on the progress. The announcement follows the court's earlier dismissal of an application by organisers seeking an extra week to remain, and a prior injunction that required residents to leave by noon Wednesday.
A High Court action by six Syrian nationals, members of two families living in Greece, seeks to stop their transfer to Turkey under the EU‑Turkey migration deal. The families argue the deal, approved by the European Council on 18 March, was made outside the Council's powers and breaches EU law and the European Convention on Human Rights. They claim the agreement and Ireland's sanctioning of it violate the Treaty on the Functioning of the EU and the Charter of Fundamental Rights. The defendants deny the allegations and request dismissal, arguing that the case should be heard in Greece or Germany where the families wish to be transferred. The plaintiffs include a married couple with two daughters aged 10 and 15, and a man with a 13‑year‑old daughter, all seeking to join family members who have secured international protection in Germany. The High Court will decide on jurisdiction on Thursday before the chancery division.
In a High Court ruling on 22 December 2016, Mr Justice Paul Gilligan ordered that occupants of Apollo House in Dublin City Centre must vacate the building by 12 noon on 11 January 2017. The injunction, sought by Tom O'Brien and Simon Coyle of Mazars, who were joint receivers appointed by Nalm Ltd, was granted to prevent further trespass. The judge imposed a stay on the eviction until the full hearing, allowing no more than 40 homeless people to remain overnight and requiring the receivers to have access to the building and to cooperate on matters such as electricity supply. The court noted that the occupants were trespassers and that the receivers had legal charge of the property, while the activists argued that the occupation was a necessary response to the homelessness crisis. The injunctions remain in force until the action is fully heard.
Receivers Tom O'Brien and Simon Coyle of Mazars, appointed by NALM in 2014, have brought a High Court action to regain possession of Apollo House, a 10‑story former office building on Tara and Townsend Streets in Dublin. The building, occupied by activists from the Home Sweet Home Coalition who offered it as shelter for the homeless, is deemed illegal and a form of political protest. The receivers argue that the building is unsuitable for residential use, citing serious health and safety risks such as a cut electricity supply, potential falls in stairwells, inadequate water supply, and lack of waste removal. They also note that the building's fire and public liability insurance will lapse in mid‑January if possession is not restored. The receivers seek injunctions to compel the occupiers to vacate and to prevent further trespassing.
Mr Paul O'Shea, a farmer from Davidstown, Castledermot, lost his High Court bid to set aside his bankruptcy. The High Court had declared him bankrupt on 4 July after Danske Bank petitioned the court, citing a 2013 judgment against him for failing to repay a loan. The bank claimed it was owed €1.487 million. Mr O'Shea challenged the adjudication on several grounds: that the bank was not his creditor, that he had not been served with bankruptcy summons, and that the petition did not comply with the Rules of the Superior Courts. Judge Ms Caroline Costello rejected all these arguments, stating the adjudication was properly sought and obtained. Mr O'Shea had previously been jailed for 100 days in July 2015 for failing to comply with a High Court order to hand over vacant possession of farm buildings to a receiver appointed by Danske Bank.
In a High Court case filed on 19 December 2016, David Mongans, his wife Margaret Lisa Mongans, and their four children—members of the Irish Travelling Community—seek to compel Clare County Council to provide suitable accommodation. The family's former home at Knockaneen was destroyed by fire in 2015, leaving them homeless. Since then they have lived in various temporary locations, including a shed and a caravan on Kilrush Road in Ennis, where they currently reside. The Mongans argue that their present caravan is unsuitable, especially for their young children who have significant health issues, and that the council's failure to provide proper housing breaches their constitutional rights and the Traveller Accommodation Acts. The application was granted ex‑parte by Mr Justice Richard Humphreys, with the case scheduled for a hearing in January.
In a High Court hearing on 13 December 2016, Canada Life Assurance (Ireland) Ltd secured a €1.199 million judgment against former tied agent Martin Reilly, aged 60. Reilly, who had worked for the insurer from 1997 to 2011, admitted in 2015 to 80 counts of stealing money from clients between 2002 and 2011. He had been jailed for four and a half years for the thefts, which amounted to over €832,000. The insurer's counsel, Cian Ferriter SC, presented the case without contest, arguing that Canada Life was entitled to damages for Reilly's fraudulent misrepresentation, breach of contract and deceit. The judgment was granted by Mr Justice Seamus Noonan, recognising the insurer's right to recover compensation for the defrauded clients and the additional costs incurred from investigating Reilly's activities. Reilly was not present at the hearing and remains in custody at Shelton Abbey. The judgment confirms the insurer's claim for the full €1.199 million.
In a High Court pre‑trial hearing, businessman Declan Ganley has filed a defamation action against RTE, alleging that a 2008 Prime Time programme defamed him by implying links to organised crime, a paid advisory role to the Latvian government, involvement in a man's death, financial loss to Albanian pensioners, and covert work for the US Central Intelligence Agency or a group called 'Neocons'. RTE denies the allegations and claims truth or justification, arguing that the words were part of a broader pattern of Ganley's alleged tendency to make false or exaggerated claims. Ganley, represented by Paul Burns SC and Declan Doyle SC, seeks to strike out RTE's defence of this alleged tendency and to compel RTE to comply with discovery orders.
A 34‑year‑old man from Clare, Raymond Kilmartin, voluntarily surrendered himself to British authorities after being sought on a European Arrest Warrant for allegedly defrauding a Bristol school of about £10,000 while employed as a finance officer in 2013. Kilmartin was arrested in Ennis on 31 October 2016, following a warrant issued by a Circuit judge at Bristol Crown Court on 25 July 2016. In the High Court, his counsel, Mr Conor McKenna BL, confirmed that Kilmartin consented to the surrender. The court noted the charge carries a maximum sentence of seven years' imprisonment. Justice Aileen Donnelly ordered that Kilmartin be handed over to the UK, where he will be taken to Cloverhill Prison and then transferred to the UK for prosecution. The case remains at the extradition stage, with no trial or conviction yet reported.