In December 2016 the High Court dismissed Eric Eoin Marques' appeal against his extradition to the United States and the decision not to prosecute him in Ireland. Marques, a 30‑year‑old Irishman, is alleged by the FBI to have run the anonymous hosting site Freedom Hosting, which hosted child‑pornographic material on over a hundred sites. He has been in custody since August 2013. The court held that the Director of Public Prosecutions' decision not to prosecute was not reviewable and that Marques had no statutory or constitutional right to be given reasons for that decision. The court also rejected his claim that extradition would expose him to an unconstitutional sentencing regime in the United States, finding his concerns speculative and not a real risk of unfairness. The case is set for the Court of Appeal next week. Eric Eoin Marques was convicted.
A High Court judge urged the Irish Blood Transfusion Service (IBTS) and the German manufacturer MBR Optical Systems GMBH & Co. KG, along with supplier Linc Medical Systems, to consider mediation over a €1.4 million dispute concerning a Haemospect haemoglobin testing device. The IBTS alleges the device, used for non‑invasive finger pulp tests before blood donations, falsely recorded haemoglobin levels, allowing donors with iron deficiency anaemia to donate. It claims the device was purchased from Linc between June 2013 and May 2015 for €215,532 and rented five units for €25,500, and that it has suffered over €1 million in special damages. MBR disputes any defect, attributing inaccuracies to misuse. The IBTS has stopped using the device since 21 October 2015, notified the Health Products Regulatory Authority, and informed about 90,000 donors. The judge, noting the commercial relationship, encouraged immediate mediation, stating benefits for all sides, and adjourned the case to January.
A challenge by teacher Christian Morris against An Bord Pleanala's approval of a €22m, 200‑unit development on the Techerete, Teeling Motor Company and Baltray Park sites in Howth has been admitted to the fast‑track Commercial Court. The proposed 4.4‑hectare scheme would replace existing industrial and commercial buildings with 145 apartments, 51 houses, six commercial units, a community/sports hall, a public park, a plaza and cycle and pedestrian paths. Morris seeks to quash both the Board's and Fingal County Council's decisions, arguing the project would flood Howth with cheap housing unsuitable for its long‑established community and cause traffic congestion. He also claims the council would sell a public park to a private developer without replacement. Glenkerrin Homes, in receivership since 2011, opposes the challenge, saying it would hinder implementation of the planning permission. The case was admitted to the fast‑track list by Mr Justice McGovern, with a hearing scheduled for the New Year.
A 48‑year‑old retired secondary school teacher, Bridget Daly, sued Zurich Life Assurance after the insurer stopped paying her disability allowance under a salary protection scheme. Daly, who has ME (Chronic Fatigue Syndrome) and is medically unable to work, claimed that Zurich had placed her and her children under surveillance by private detectives following her lawsuit. She sought injunctions to prevent further surveillance and to compel Zurich to resume payments. Zurich argued the payments were halted because Daly declined a 'Functional Capacity Evaluation' test and that the policy allowed investigation of claims. The High Court case was resolved when Daly's counsel announced a settlement, and the matter was struck out. No settlement details were disclosed, and Zurich agreed to discontinue the surveillance. The case was heard by Mr Justice Paul Gilligan.
In a High Court case, the O'Reilly family, who bought a three‑bedroom duplex in Saggart in 2005, claim that the property was defective, with condensation, mould and poor ventilation causing respiratory infections in their seven‑ and nine‑year‑old sons. After medical tests in 2010 revealed a lung mass in one son, the family left the house and have lived in rented accommodation since. They sued the builders and developers, alleging negligence and breach of duty for failing to ensure the property was defect‑free. The defendants, based in Co. Wexford, deny the claims and say they offered repairs, which the O'Reillys refused. The court heard evidence of leaks, mould, water ingress and a collapsed bath, and that the mould was deemed toxic by experts. The case is pending before Mr Justice Donald Binchy.
Lawyers for an unnamed man charged with seven counts of gross indecency under Section 11 of the Criminal Law Amendment Act 1885 argue that prosecutions could be brought against homosexual men unless the courts grant reliefs, including a prohibition of his trial. The alleged offences were committed against a teenage boy between 1978 and 1980 while the defendant was in a position of authority. The lawyers claim the 1885 Act is incompatible with the Constitution, unknown to Irish law, and violates the European Convention on Human Rights. In a High Court judicial review last year, Mr Justice Michael Moriarty refused the reliefs. The case is now before the Court of Appeal, where judgment is reserved. Counsel Hugh Hartnett SC contends the offence is vague, discriminates on gender, and interferes with private life, arguing it is an outdated concept that could lead to prosecutions against homosexual people.
In a High Court hearing on 6 December 2016, Ms Helen Lawless, Hillwalking, Access and Conservation Officer of Mountaineering Ireland, testified that hillwalkers must take personal responsibility for their footing on varied surfaces, including boardwalks. She argued that the 130‑km Wicklow Way boardwalk, laid over a decade ago, was solid, fit for purpose and had not failed, and that it was safe for hillwalkers after 15 years of use. Ms Lawless cited the 1995 Occupiers Liability Act, stating that the National Parks and Wildlife Service (NPWS) had a duty to maintain the boardwalk in a safe condition. She noted that the NPWS's counsel claimed the boardwalk was not safe on the day of Mrs Teresa Wall's fall. Mrs Wall, aged 60, had sued the NPWS for €40,000 damages and legal costs after tripping on a hole in the boardwalk on 6 August 2013, sustaining a gash to her right knee that required seven stitches.
In a High Court case, former Permanent TSB chief executive David Guinane settled his action against the bank over the terms of his 2012 departure. Guinane had claimed entitlement to a severance payment of more than €866,000 under the bank's Voluntary Severance Scheme, but the bank had offered him €175,000 plus 11½ months' salary, which he refused. He alleged breach of contract, unfair procedures, damage to his reputation, and negligence, seeking damages including punitive and exemplary. PTSB, represented by Paul Gallagher SC, denied the claims and argued Guinane had received what he was entitled to. The case, opened before Justice Leonie Reynolds, was expected to last at least eight days but was settled and struck out before trial. No settlement details were disclosed in court. The dispute centred on whether the bank had complied with its duty to provide the full severance payment under the scheme.
In a High Court hearing on 5 December 2016, residents of Dublin 8 challenged the Dublin City Council's decision to convert the former Carman's Hall community centre into a hostel for 65 homeless men. The challenge was brought by the Carman's Hall Interest Group, the Michael Mallin House Residents Association and Elizabeth O'Connor, who argued that the council's October decision was unlawful, irrational and in breach of the Dublin City Development Plan. They claimed the proposed hostel would concentrate services for the homeless and those with addiction problems in a small area, aggravating anti‑social behaviour, and that residents had not been consulted. The court, hearing the case ex‑parte, granted permission to challenge, stayed the council's decision and adjourned the matter to 17 January 2017. The residents sought an order quashing the council's decision and declarations that it was null and void. The case remains pending.
In a 2016 High Court ruling, Justice Marie Baker removed Kevin McGeever (also known as Kevin McKeever) as executor of the estate of the late Ms Siobhan O'Callaghan, who died in November 2013, and appointed solicitor Jim Trueick as an independent executor. O'Callaghan's 2006 will left most of her €525,000 estate to McGeever, but a 2014 judgment of €1.2 million against McGeever, obtained by businessman James Byrne over a failed Dubai apartment deal, prompted Byrne to seek McGeever's removal. Byrne feared McGeever might keep the estate assets beyond his reach. McGeever, who had been in a long‑term relationship with O'Callaghan, could not distribute the estate until further court orders. Medical evidence showed he suffers from stress‑related illness and high blood pressure. The judge noted that solicitors for McGeever claimed money owed from the estate, a claim to be resolved before any distribution. Trueick was empowered to address any such claims.
Liam Campbell, aged 54, was arrested in Upper Faughart, Dundalk, on a European Arrest Warrant issued by Lithuanian authorities for alleged terrorism and weapons trafficking. The warrant, endorsed by the High Court, accuses him of organising smuggling operations to supply the RIRA between late 2006 and early 2007, including arranging illegal possession of firearms, ammunition, explosives and related substances. Detective Sergeant Jim Kirwan presented the warrant and a photograph to Campbell, who confirmed the identity. Campbell was taken to Dundalk Garda station and processed as an arrested person. Counsel for the State, Ronan Kennedy BL, raised an objection to bail. Justice Aileen Donnelly confirmed the identity of the accused, remanded him in custody until Thursday, 8 December, when a bail application is expected, and informed him of his rights to surrender and legal advice. Brian Gageby BL represented Campbell in court.
The High Court has heard that orders directing the vacation of a Letterkenny building housing Donegal County Council's water testing laboratory have not been complied with. Mr Justice Tony O'Connor was told the premises remain occupied despite High Court orders issued the previous week. The building's occupation poses significant risks to public safety, the court was informed. Lawyers for a bank-appointed receiver argued that occupiers have threatened to dispose of hazardous chemicals used in the laboratory, potentially endangering the public. The council's inability to access the premises and conduct water quality testing also presents a substantial risk to the environment and public health. The receiver sought the orders following an alleged occupation by approximately twenty people who changed locks and erected barricades. Mr Justice O'Connor issued directions for one of the alleged occupiers to be arrested by An Garda Síochána and brought before the court for alleged contempt. Neither of the defendants appeared to contest the receiver's application.
A rape victim's application to freeze a €17,000 award made to her attacker, Darius Savickis, was resolved. Savickis, a Lithuanian national, had orally raped a 23‑year‑old woman on 28 November 2005 while she walked home from work in Galway. He pleaded guilty and was sentenced to six years' imprisonment in 2009. While serving that sentence in Castlerea prison he was assaulted by a prison officer. A High Court jury awarded him €225 for that incident, but the Court of Appeal increased the award to €17,225. The victim applied to the High Court for a freezing order on that award, pending her civil action for damages against Savickis. Conor Power SC argued the order was needed to prevent Savickis from dissipating the award and to frustrate his attempts to avoid enforcement of any judgment. Savickis's lawyers opposed the application.
The Cabinet has approved the drafting of a new law to remove the blanket exclusion of An Garda Síochána and Defence Forces members from EU working hours directives. This development follows a High Court hearing where a challenge by two Limerick-based gardai, John Gaine and Padraig Harrington, was set to be struck out. The applicants alleged that Section 3 of the 1997 Organisation of Working Time Act, which excluded them from the EU's Working Time Directive, breached EU law. They claimed they worked eight-hour shifts without rest or meal breaks while on witness protection duty between October 2010 and January 2011, and were denied overtime payments. In their action against the Garda Commissioner, Ireland, and the Attorney General, they sought declarations that the exclusion was void and in breach of the directive, along with damages. The defendants had initially opposed the action. However, the matter did not proceed to a full hearing after Minister for Jobs, Enterprise and Innovation Mary Mitchell O'Connor informed the court that she was introducing a bill to apply the directive's terms to gardai, following clarification from the EU Courts of Justice. Solicitor Elizabeth Hughes welcomed the resolution, noting the Cabinet approved the heads of a new bill subject to permissible derogations. The case was effectively resolved through this legislative commitment rather than a judicial judgment on the merits.
Mr Justice Paul Gilligan at the High Court adjourned a dispute concerning the Lifford meat plant to next week. The case involves AIB and its receiver, Luke Charleton, who are seeking orders to prevent interference with their ability to run and dispose of the premises as part of proceedings to recover debts owed by Liam McGavigan. Counsel for the receiver alleged that Liam McGavigan, his brother Ciaran, and others had illegally barricaded themselves into the plant, effectively shutting down operations. In response, counsel for Edenmore Farm Meats Ltd, the tenant, stated that the company's 55 employees were not working and had been subjected to threats and intimidation. The judge agreed to make Edenmore Farm Meats Ltd a notice party to the receiver's High Court action. Additionally, following an application by Stephen Walsh BL, the court allowed the applicants to serve notice of the proceedings on the McGavigans by email. The judge expressed concern for the employees' futures but did not issue a final determination on the merits of the occupation. The matter was adjourned to next week for further proceedings.
David Guinane, former chief executive of Permanent TSB, has filed a claim in the High Court seeking a severance payment of over €866,000 after leaving the bank in 2012. He alleges that PTSB breached his contract, denied him fair procedures, and damaged his reputation. Guinane asserts a contractual right to a payment under the bank's Voluntary Severance Scheme (VSS), which he claims is based on salary and years of service. The bank offered him €175,000 plus 11.5 months' salary, which he refused, and later withdrew the offer. PTSB denies the claims, stating Guinane received what he was entitled to upon redundancy. The case, represented by Paul Anthony McDermot SC and Shane Murphy SC, is scheduled to continue for eight days before Ms Justice Leonie Reynolds.
An Irish mother of one, whose name cannot be disclosed, is awaiting a High Court decision on whether she will be extradited to the United States over allegations that she was involved in a multi‑million euro steroid distribution enterprise. She is currently in custody on "suicide watch" and is not allowed contact with her child, a point her lawyers argue would place the child at serious risk if she were extradited. The court is considering whether her mental health and the changed circumstances since the UK's earlier extradition decision affect the case. The Attorney General's counsel contended that the child's psychological well‑being was not at risk and that there was no evidence of harm. The US authorities charge her with conspiracy to manufacture and possess anabolic steroids, distributing human growth hormone, importing substances into the United States and money‑laundering offences, with a maximum potential sentence of 20 years if convicted in America.
In a court hearing on 28 November 2016, Justice Aileen Donnelly was informed that Raymond O'Neill, 37, who is wanted in Northern Ireland for the murder and arson connected with the death of Jennifer Dornan, 30, remains in critical condition in prison. Dornan was found stabbed to death in her burning house in Hazel View, west Belfast, in August 2015. O'Neill was arrested in Dublin in February on a European Arrest Warrant and had previously been held in a Midlands prison where he overdosed on drugs, leading to an adjournment of an extradition hearing at the High Court. The court was told that O'Neill could not attend in person due to health reasons, and his solicitor, Caroline Cummings BL, confirmed his critical state but had not received any medical evidence. Judge Donnelly expressed frustration at the lack of a medical report, which she had ordered to assess O'Neill's capacity to give instructions.
The High Court is hearing an appeal by the National Parks and Wildlife Service (NPWS) against a Circuit Court ruling that awarded €40,000 in damages to hillwalker Teresa Wall, who fell on a wooden boardwalk on the Wicklow Way. Wall, aged 60, claims the boardwalk was unsafe because the timber had rotted and was poorly maintained, causing her to trip and suffer a knee injury requiring seven stitches. She sued the NPWS for negligence and breach of duty of care. The Circuit Court judge, Jacqueline Linnane, found that reasonable care had not been taken to maintain the boardwalk, and the failure was responsible for Wall's injuries. The NPWS argues that Wall contributed to her injuries by not looking where she was walking. The appeal will resume in two weeks.
Ms Teresa Wall, aged 60, denied giving a different account of her fall on a boardwalk on the Wicklow Way. She told High Court Justice Michael White that she fell when her foot snagged in a hole in a railway sleeper near the JB Malone memorial on the Sally Gap to Djouce trail. She rejected claims that she had told an NPWS official she had tripped on chicken wire. The incident occurred at about 4 pm on 6 August 2013 while she and her husband were descending the mountain. Ms Wall had previously testified in the NPWS's appeal against a Circuit Court finding that the NPWS was negligent and owed her €40 000 in damages. She confirmed phone calls with NPWS employees on 14 August, but denied telling the District Conservation Officer that the fall was due to chicken wire or that she could not holiday in Slovakia.
A woman with 40 years of hill walking experience, Teresa Wall, told the High Court she was seriously injured after falling on a rotting boardwalk on the Wicklow Way. She described being 'black and blue on her right side' and suffering a gash to her knee requiring seven stitches. Her husband had to carry her down the mountain due to lack of mobile signal. The appeal against a Circuit Court finding that the National Parks and Wildlife Service (NPWS) was negligent and must pay €40,000 in damages is ongoing. The Circuit Court had ruled that the boardwalk, made of rotted railway sleepers, was unsafe and that the NPWS failed in its duty of care. The NPWS is appealing, arguing that Ms Wall contributed to her injuries by not looking where she was going.
Alan Bradley, 42, of Churchfields, Kentstown, Co Meath, is challenging the Minister for Justice's refusal to grant him one‑third remission of his sentence for conspiracy to rob a security van containing €1m in cash. Bradley pleaded guilty in 2012 to conspiring to steal cash from Chubb Ireland in 2007 and was sentenced to nine years, with the final two years suspended. An appeal reduced the sentence to eight years with 18 months suspended. Bradley argues that his completion of several educational and training courses, including first aid, entitles him to enhanced remission rather than the standard one‑quarter reduction. Two applications for additional time off his sentence were denied on the basis that he poses a risk to public safety. He has been released on bail pending the outcome of the High Court action, which seeks to quash the Minister's decision and obtain a declaration that he is entitled to enhanced remission.
In the Commercial Court, Mr Justice Brian McGovern has fast‑tracked two environmental challenges to windfarm projects in the south of Ireland. The first case concerns Peter Sweetman's objection to Tipperary County Council's extension of planning permission for a 16‑turbine windfarm at Castlewaller, Newport. Sweetman questions the viability of the €46 million project, which was originally approved in 2012 and extended in July. The council's developer, Castlewaller Woodland and Partnership (CWP), argues the extension is necessary for the project to qualify for the REFIT II state financial support scheme and for the creation of 30–40 construction jobs and 7 full‑time positions. The case is scheduled to return to court in May. The second fast‑tracked case involves the North Kerry Wind Turbine Awareness Group challenging An Bord Pleanala's permission for 10 turbines near Lixnaw, Kerry. The challenge cites non‑compliance with the Environmental Impact Assessment Directive and the EU Habitats Directive.
The High Court has fast-tracked a second legal challenge against An Bord Pleanála's decision to permit Apple to build a data centre in Athenry, Co Galway. Applicant Brian McDonagh, representing himself, sought to quash the board's August decision, alleging it breaches EU forestry directives. Although McDonagh opposed the fast-track application, citing difficulties in obtaining EU documentation, Mr Justice Brian McGovern admitted the case to the Commercial Court list. Counsel for Apple Distribution International, Rory Mulcahy SC, noted that McDonagh had previously been refused permission to include the forestry argument and has appealed that ruling to the Court of Appeal. The court also heard that a separate action by Sinead Fitzpatrick and Allan Daly, who claim the board failed to conduct a proper environmental impact assessment, was admitted to the list last week. The judge ordered that both cases be heard together next March. Apple describes the proposed facility as critical infrastructure for global data storage, part of an €850m plan for eight data centres in the locality intended to create hundreds of jobs.
In a High Court hearing on 9 November 2016, Mr Declan De Lacy, provisional liquidator of Arden Forestry Management, secured a freezing order over €600,000 held in a Dubai bank account belonging to GTD International Ltd., a UAE‑registered firm linked to Arden. The order was sought to prevent the dissipation of funds that Arden had raised from UK investors and intended for Irish forestry purchases. Arden had raised €4 million from 132 UK investors, spent only €200,000 on forestry, and transferred about €1.5 million to GTD. While €100,000 had been returned to Arden, concerns remained about the remaining €600,000. Mr Garret Hevey, a director of both GTD and Arden, said he would transfer the money to Arden and was prepared to cooperate with the liquidator. The court adjourned the case for two weeks to allow Hevey to reply to the liquidator's claims. The freezing order was granted by Mr Justice Tony O'Connor.
A High Court action brought by Dr Eddie O'Donnell, a consultant obstetrician at Waterford Regional Hospital, against Ocean Vehicle Trading Ltd and its director, Oisin Legaspi, has been resolved. Dr O'Donnell alleged that he traded in his Ferrari California to part-finance the purchase of a 2012 McLaren MP4 12C, which he claimed he never received. The failure to deliver the vehicle or provide a refund led to temporary High Court freezing orders preventing the defendants from reducing their assets below €150,000. Counsel for the defendants, Yvonne O'Gara Bl, informed Mr Justice Paul Gilligan that the parties had reached an agreement involving payments to Dr O'Donnell. Consequently, the court struck out the case. The dispute originated in 2013 when Dr O'Donnell purchased the Ferrari from Mr Legaspi. In June, Dr O'Donnell agreed to trade the Ferrari for the McLaren. Although Mr Legaspi assured him the car was en route in August, it never arrived. Dr O'Donnell subsequently discovered the Ferrari had been sold in the UK for €137,300 through a dissolved company. He also found that the defendants' registered address in Sandyford was merely a post box, with no active trade conducted from the location.
A settlement agreement between former Fine Gael TD John Perry, his wife Marie and Danske Bank concerning a €2.47m judgment has broken down, the Commercial Court heard. The couple had consented to the judgment in 2013 following the bank's provision of a facility in 2011 to restructure existing loans. Danske claims the Perrys failed to meet obligations under a subsequent settlement arrangement and terminated the agreement last August. The bank is now pursuing recovery of the debt and obtained a High Court order requiring the Perrys to provide a statement of affairs detailing their assets. When the case returned before Mr Justice Brian Cregan on Monday, the deadline for compliance had passed without submission. The judge extended the timeframe by two weeks and directed that either Mr Perry or his legal representatives must attend the next court hearing. An accountant appearing on the couple's behalf stated Mr Perry was ill and cited difficulties obtaining information from the bank.
The High Court has fast-tracked a legal challenge to An Bord Pleanála's August decision permitting Apple to develop an €850m data centre in Athenry, Co Galway. Applicants Sinead Fitzpatrick and Allan Daly seek to quash the planning permission, alleging the board failed to conduct a proper Environmental Impact Assessment regarding the development's significant energy demands. Apple Distribution International, represented by Rory Mulcahy SC, applied for the case to be admitted to the commercial court list to resolve the matter expeditiously. Mr Justice Brian Cregan admitted the Fitzpatrick and Daly action to the fast track. Apple intends to seek the transfer of a second challenge, brought by Co Wicklow landowner Brian McDonagh, to the commercial court to have both cases heard together in March next year. However, Mr McDonagh, representing himself, objected to the transfer, claiming it would prejudice his action. Mr Justice Cregan stated that nothing would be done regarding Mr McDonagh's action until it returns before the court next Monday. The matter involving Fitzpatrick and Daly was thus admitted to the commercial list, while the procedural status of McDonagh's separate challenge remains pending further hearing.
In a High Court hearing on 4 November 2016, a father was granted permission to challenge the level of access and information he receives about his 12‑year‑old son who is in care. The father, who is separated from the mother, claims the son has absconded from several placements and has been found wandering the streets with "undesirables". He also alleges the son has a history of self‑harm and that the Child and Family Agency (Tusla) has failed to inform him when the boy was missing. The father seeks orders directing Tusla to disclose the son's location, to provide psychological assessment, and to give him copies of case records. He also requests immediate access for himself and his solicitor to speak privately with the boy. The case will be heard next month after a brief hearing where Tusla opposed the application and argued the matter should be before the District Court that originally made the care orders.
A receiver appointed by NAMA, Aidan Murphy, secured a temporary High Court injunction to stop members of the Travelling Community from trespassing on the Church Hill housing estate in Tullamore, Co Offaly. The injunction was sought because up to 13 caravans were located on the estate, with the receiver claiming they had no right to be there and had refused to leave. The receiver also alleged that the estate had been damaged, residents complained of anti‑social behaviour, rubbish dumping, and an explosion had been reported. The insurers of the estate were withdrawing cover due to the alleged ongoing trespass, and the insurance would expire on Monday, leaving any damage from that date onward uncovered. The injunction, granted ex‑parte by Mr Justice Paul McDermott, prohibits 16 individuals allegedly on the site and anyone with notice of the order from trespassing or interfering with the receiver and his agents.
In November 2016 the High Court heard a case brought by insolvency practitioners Jim Hamilton and David O'Connor, acting as receivers for Nama, against David and Patrick Maughan. The dispute concerns a greenfield site on Monasterevin Road, Portarlington, Co. Laois, which has been earmarked for a new primary school. The receivers claim the Maughans are residing on the property without entitlement and are seeking injunctions that require the Maughans to vacate the site, remove all their property, and prevent any trespassing by them or anyone with notice of the action. The Maughans attended the hearing without legal representation, stating they had only recently been served with documents and had not had time to secure a lawyer. They denied that their mobile homes were on the greenfield site, asserting they were on the nearby road, and said they had been living on the site since March 2015.
In a High Court case on 1 November 2016, Mr Justice Paul Gilligan ordered the sale of a Dublin house at 75 Riverside Drive, Clonshaugh, owned by Brian Mahony, after the Criminal Assets Bureau (CAB) claimed it was bought with proceeds of crime. CAB's application followed Mahony's failure to satisfy a 2013 Revenue judgment of €1.25 million. The house, acquired in 2005 for €300 000 with a mortgage from EBS and a €30 000 deposit, was later found to have been financed by unknown criminal activity. Mahony's wife, Ciara Mahony, opposed the sale, asserting she had an interest and had been making mortgage payments and paying for upkeep. The judge questioned the credibility of her claims, noting a lack of evidence that her payments came from her own income and that any contributions were negligible.
An Irish woman, whose name is withheld for legal reasons, appeared before the High Court for an extradition hearing to the United States over alleged involvement in a multi‑million euro steroid distribution scheme. She was first arrested last year after refusing to surrender to American officials. Counsel for Attorney General Robert Barron SC presented five charges: conspiracy to manufacture and possess anabolic steroids (maximum ten years), distribution of human growth hormone (maximum five years), importation of substances into the United States (maximum twenty years), and two money‑laundering charges. Barron argued that the U.S. authorities consider her a willing member of a criminal organisation, citing affidavits from former associates and information on U.S. prison conditions. He linked the first three charges to Irish Medicines Board Act 1995 regulations on medicinal product supply and to the Criminal Justice Act 2006 on organised crime. The court will hear submissions from the woman's lawyers tomorrow before Justice Aileen Donnelly.
A 34‑year‑old Clare man, Raymond Kilmartin, was brought before the High Court in Dublin after the UK requested his extradition on fraud charges. The UK alleges he defrauded a Bristol school of about £10,000 while working as a finance officer in 2013. Kilmartin was arrested in Ennis under a European Arrest Warrant and accepted the extradition request. Justice Aileen Donnelly, after informing him of his rights, ordered his remand in custody until 14 November.
In a High Court decision dated 28 October 2016, Justice Aileen Donnelly ruled that Britain's exit from the EU does not provide a basis for appealing extradition orders. She upheld the presumption that the UK will comply with the 2002 Framework Decision on European Arrest Warrants, stating that no evidence had been presented to contradict this. The judgment concerned two individuals: Robert Donovan, a 57‑year‑old London‑born man with a life sentence for a 1974 murder, and an unnamed 78‑year‑old Irishman facing ten child‑sex‑assault charges. Donnelly rejected both men's applications for certificates to appeal, ordered their surrender to UK authorities within 25 days, and scheduled a costs hearing for the unnamed respondent on 14 November. The decision reaffirmed that the UK's obligations under the Framework Decision remain in force despite its withdrawal from the EU.
A man with alleged links to Islamic terrorism has challenged the State's deportation order in the High Court. He argues that returning him to his native country would expose him to inhuman and degrading treatment, including torture, because of his political views. The challenge is based on the Irish Refugee Appeals Tribunal's finding that he would face serious harm if returned, yet the Minister excluded him from subsidiary protection due to past convictions. The Minister, represented by Remy Farrell SC and Sinead McGrath BL, denies the man's claims and maintains that the deportation order is lawful. The man, aged in his early 50s, has previously served time in prison for terrorism‑related offences in another jurisdiction and asserts that he and his brothers were tortured for their political views. The hearing has been adjourned to a date next month.
The Irish Medical Organisation (IMO), representing about 3,000 non‑consultant doctors, has brought a High Court action against the Minister for Public Expenditure and Health and the Health Services Executive to challenge the 2012 abolition of the €61‑per‑week Living Out Allowance for junior doctors. The allowance had been paid when hospitals did not provide free accommodation to non‑consultant hospital doctors (NCHDs). The IMO and Dr Gabriel Beecham argue that the abolition breaches a 2010 settlement agreement that guaranteed the allowance to NCHDs. They contend that Section 22(4) of the 2004 Health Act does not give the government the right to remove the allowance and seek a declaration that the 2010 agreement remains enforceable. The case is before Mr Justice Paul McDermott, with the government denying the claims. The action remains unresolved.
In a case heard by the Court of Appeal, Tezaur Bita, who was charged with public urination under section 5 of the Summary Jurisdiction (Ireland) Amendment Act 1871, was granted leave to challenge the constitutionality of the indecent exposure offence. Bita allegedly parked on Old Nangor Road on 27 August 2015 and relieved himself in bushes, an act witnessed by a Garda who arrested him. His lawyers argued that the 1871 offence was too vague and uncertain, citing earlier rulings that struck down similar offences. The High Court had dismissed his bid for prohibition in May, but Bita appealed. The Court of Appeal, with Justice George Birmingham presiding, found the argument that the section was impermissibly vague and unconstitutional to be arguable and granted leave. Justices Garrett Sheehan and Alan Mahon agreed.
Peter Sweetman, an environmentalist, has taken legal action against An Bord Pleanala's decision to grant planning permission for an extension of a wind farm at Boolynagleragh, Co Clare. The extension would add seven turbines to an existing nine‑turbine development that received permission in 2010. Sweetman argues the board's decision was "unreasoned and unreasonable" and contrary to law, claiming no proper assessment of natural habitats and wildlife was conducted. He also contends that the Clare County Council had previously rejected the extension due to environmental concerns. The case was transferred to the fast‑track Commercial Court list by Mr Justice Brian McGovern after Sweetman secured a High Court order to proceed in August. ESB Wind Development Ltd, the developer, seeks the transfer to expedite construction milestones tied to a state subsidy scheme, while also noting the project's projected €67 million capital cost and €4.6 million spent to date.
A Co Dublin couple's High Court action against their neighbour, Anne Madden, has been struck out with the consent of both parties. The action was brought by Allan and Rosemary Archer, who had entered into contracts to sell their property at Deebert, Brookstone Road in Baldoyle Dublin and purchase a new house in Sutton. The Archers alleged that Ms Madden's claims regarding the boundary between their properties threatened to scupper their plans to move. Ms Madden had claimed the boundary should be moved 2m into the Archer's property, which led to the contract of sale for their house being unable to be completed. The Archers, represented by Breffni Gordon Bl, rejected Ms Madden's claim, stating that the boundary fence was constructed at Ms Madden's request in 2008 and marked out by an engineer hired by her. They claimed that if Ms Madden's claim was accepted, the boundary would go through the kitchen of their property. The Archers had brought High Court proceedings against Ms Madden seeking various orders and declarations, including that the boundary fence is correctly positioned, injunctions to withdraw the letter of September 21st, and damages for slander of their title. The case came before Mr Justice Paul Gilligan, who was told the matter could be struck out with the consent of both parties.
An equine firm, Herbst Manufacturing Ltd trading as Polo Wicklow, has lodged a High Court challenge against the Minister for Jobs, Enterprise and Innovation following the refusal to renew a work permit for an Argentine trainer who has lived in Ireland with his family since 2003. The company, based in County Wicklow, argues that the refusal was based on a conviction it received after admitting a worker it believed had the right to work in Ireland but did not possess the required permit. The firm, which has operated for 25 years training polo horses for export to other European countries, claims it is practically impossible to find suitably qualified trainers in Ireland and therefore recruits South American nationals. In January 2024 the company was fined €750 in the District Court after pleading guilty to an offence under the 2006 Employment Permits Act for employing an Argentine national for seven weeks who was not entitled to work in Ireland.
Robert Donovan, 57, a London-born convicted murderer, was arrested in Waterford on a European Arrest Warrant issued by UK authorities in November 2014. He had been serving a life sentence for the 1974 murder of Mr. Thornley on a London bridge, a case tried at Bow Street Magistrates Court. Donovan had been temporarily released from prison on 19 June 2010 with a duty to return by 19:30, but he failed to do so and was believed to be residing in Waterford. The warrant details that on 14 May 1974, Donovan, his brother and a friend were out early in the morning when they met Thornley, who invited them for a drink. Donovan then used a flick‑knife to stab Thornley in the throat, killing him, and stole his watch and golden bracelet. Gardaí arrested him in Waterford and he was taken to the High Court where extradition proceedings are ongoing.
Gary Ryan and Theresa Ryan, trading as Woodland Creche and Montessori in Lusk, secured a temporary High Court injunction against Petrogas Group Limited, trading as Applegreen, over alleged noxious smells. The applicants claim waste water from the M1 service station causes foul odours that threaten the health and safety of 80 children and 12 staff. Counsel stated that an outfall manhole adjacent to the creche releases gases when the station's tanks pump waste into the main sewer. Although previous 2014 proceedings resulted in undertakings to restrict pumping to 11pm to 4am, the applicants alleged the smells returned recently, causing parents to raise concerns. Counsel noted that Gary Ryan and an engineer found the odour so repulsive they had to leave the premises. Mr Justice Paul Gilligan granted the interim injunction on an ex-parte basis, restraining the defendant from permitting the escape of noxious gases. The judge noted the risk to children and staff but stated it remained to be seen if the order would force the station to close. The matter was adjourned to Friday.
In a High Court hearing on 5 October 2016, barrister Remy Farrell SC accused German federal authorities of "culpable negligence" for a more than ten‑year delay in acting on a European Arrest Warrant for James Corry, a 46‑year‑old Irishman suspected of involvement in a 1996 IRA bombing in Osnabruck, Germany. Farrell argued that the Germans had failed to explain why they did not act on information supplied by the Irish Gardaí in 2005, when Corry was already on the International Wanted List. He described the delay as "truly exceptional" and "unconscionable," and claimed that under Article 8 of the European Convention on Human Rights, any removal of Corry from Ireland would require a "pressing social need." Farrell also noted that a conviction in Germany could lead to life imprisonment, contrasting this with a two‑year sentence in the UK or Ireland, and said the German prosecutor's actions were "nonsense" and "unconvincing finger‑pointing." Justice Aileen Donnelly reserved.
A 78‑year‑old Irish man, wanted in the UK on ten sexual‑assault charges alleged to have occurred in London and Essex between 1960 and 1973, is the subject of a High Court hearing in Dublin. The man, whose name is withheld for legal reasons, denies all allegations, calling them "scurrilous" and "totally groundless." He was arrested in October 2015 under a European Arrest Warrant issued by a Westminster Magistrates Court and has been on bail since. His barrister, Patrick Gageby SC, argued that the UK's impending exit from the EU (Brexit) creates uncertainty about whether the trial would take place before or after the UK leaves the EU, and that extradition would violate his family and privacy rights under Article 8. Counsel for the Minister of Justice, Ronan Kennedy BL, countered that Article 50 of the Lisbon Treaty has not yet been invoked, so the UK remains bound by EU law and the court has jurisdiction.
A High Court judge has referred legal questions to the Court of Justice of the European Union regarding cost allocation in proceedings connected to the north-South electricity interconnector project. Mr Justice Richard Humpreys made the referral on Friday following a May judgment in which he dismissed a challenge by the North East Pylon Pressure Campaign Ltd, representing approximately 200 landowners in Cavan, Monaghan, and Meath, against An Bord Pleanála's decision to hold an oral hearing. The hearing, which opened in Carrickmacross in March, concerns EirGrid's application to construct approximately 300 pylons as part of the proposed interconnector under Strategic Infrastructure Development legislation. The judge determined that the cost applications raise issues requiring clarification on the application of European law, specifically the Environmental Impact Assessment directive and the Aarhus Convention on environmental access to justice. An expedited preliminary ruling has been requested. The costs applications have been adjourned pending the European court's decision.
Jonathan Turley, 35, of Clandeboye Drive in Belfast, was arrested by gardai in May under a European Arrest Warrant. He appeared briefly at the High Court in Dublin for an extradition hearing on charges of kidnapping a woman, assault and dangerous driving. Ms Justice Aileen Donnelly remanded him in custody until 19 October, when the extradition case is expected to be heard.
Naoufal Fassih, a 36‑year‑old Dutch national of Moroccan origin, was arrested in April during a raid on a luxury apartment on Baggot Street that Gardaí believed was linked to the Kinahan criminal gang. He appeared before the High Court on a European Arrest Warrant (EAW) seeking his surrender to the Netherlands, where he faces charges of money laundering, assault and possession of false documentation. The court confirmed that the man in attendance was the same individual named in the new EAW and remanded him in custody until 27 July. In April, at Dublin District Court, Fassih was charged with possessing a false passport and identity card, an offence under the Immigration Act and a minor drugs charge for simple possession of cannabis. He had previously pleaded guilty to possessing a false passport and cannabis at Cloverhill District Court.
In July 2016, Meath County Council initiated High Court proceedings against Mr. John and Mrs. Bridgie Stokes, alleging they had unlawfully occupied a vacant council house at 11 Tailteann Street, Navan. The council sought an injunction compelling the couple to vacate and hand over possession. Mr. Justice Donald Binchy granted the council permission to serve short notice of the injunction ex‑parte, adjourned the matter for a week, and allowed the council to proceed. The council described the matter as "very urgent" because the house was earmarked for another family on its housing list. A security company had reported that shutters were removed and that someone was living in the property; an official subsequently found the Stokes inside. The council had informed the couple that they had no lawful entitlement to occupy the house and requested they leave, but the Stokes refused to vacate.
Dr Sylvie Lannegrand, Dr Rosin Healy, Dr Margaret Hodgins, and Dr Adrienne Gorman have initiated High Court proceedings against the National University of Ireland Galway, alleging gender discrimination in a promotion competition for senior lecturer positions between October 2008 and April 2009. The applicants claim they were treated less favourably on grounds of gender and family status, arguing the selection process was inconsistent and that adequate weight was not given to their teaching and research abilities. They seek declarations that the process breached their contracts, the 1997 Universities Act, Employment Equality Acts, and EU law, along with damages and orders for promotion effective July 1, 2009. NUIG denies the claims, arguing the Workplace Relations Commission is the proper forum and that the actions are misconceived. The case follows a 2014 Equality Tribunal finding that Dr Micheline Sheehy Skeffington was discriminated against in the same process, resulting in her promotion and a €70,000 payment. At a pre-trial hearing before Mr Justice Donald Binchy, NUIG applied to have certain legal points tried as a preliminary action, including whether the Employment Equality Acts modify employment contracts to include an implied right to gender equality and if the claims are statute-barred. The applicants opposed this, arguing the issues are complex and cannot be separated from the substantive action. The judge reserved his decision on the application, which is to be delivered next week.