In a High Court hearing on 19 July 2016, Mr Denis O'Brien's application to obtain documents from a Dropbox account belonging to an employee of Red Flag Consulting was struck out after the parties reached an agreement. The agreement provided that Dropbox would supply the material, described as relating to a dossier distribution, to the defendant, and that the material would be subject to any court‑ordered discovery. Mr O'Brien also agreed to indemnify Dropbox for its costs. Red Flag, which had opposed the discovery motion, did not accept Mr O'Brien's description of the material. The judge, Mr Justice Colm MacEochaidh, struck out the motions against Dropbox Inc and Dropbox Ireland, ruled that Red Flag was entitled to its costs for the motion against Dropbox, and placed a stay on that order pending the final outcome of the action. Both parties sought costs in respect of the motion.
In a High Court hearing on 14 July 2016, Ms. Deirdre Foley and D2 Private challenged the seizure of privileged and confidential documents by inspectors from the Workplace Relations Commission (WRC). The inspectors had entered D2's Harcourt Terrace office in May 2016, following the 12 June 2015 redundancies at Clerys Department Store, and removed a laptop and various documents, including invoices. Foley argued the inspectors had no lawful authority to enter the premises or seize materials, citing the 1977 Protection of Employment Act and the 2015 Workplace Relations Act. She claimed the seized laptop contained privileged, highly confidential data and that a forensic copy of its contents had been retained. The WRC and inspectors maintained that their actions were within statutory powers and served the public interest. Judge Michael Twomey reserved judgment, to be delivered later.
The inspectors, acting under the Workplace Relations Commission, have asked the High Court to dismiss a challenge to their investigation into the collective redundancies of over 460 Clerys workers. They argue that the seizure of documents and a computer from D2 Private Ltd's offices in May was lawful under the 1977 Protection of Employment Act and the 2015 Workplace Relations Act, and that the action was in the public interest following the "traumatic" redundancies. D2 and Ms Foley have contested the inspectors' powers, claiming the seized materials were not relevant to the investigation and that the inspectors breached their clients' privacy. The inspectors maintain that a director's pack containing detailed information about Clerys employees was supplied by a D2 employee and that the pack was essential to the inquiry. The hearing before Mr Justice Michael Twomey is ongoing and is expected to conclude tomorrow.
In a High Court hearing on 12 July 2016, inspectors from the Workplace Relations Commission sought documents from D2 Private Ltd after learning that a 'directors pack' containing financial details and personal information of Clerys department store workers had been issued by D2 before the store's sale to Natrium. The pack, which listed 460 employees' names, birth dates, service years, holiday entitlements and earnings, was allegedly supplied to OCS Operations Ltd directors by a D2 employee. D2 Private and Ms Deirdre Foley challenged the inspectors' powers, claiming the seizure of documents was unlawful and that they were not the employer of the workers. They sought the return of the materials, damages for misfeasance and a declaration that the inspectors acted outside their remit. Natrium, a notice party, supported the application. The hearing also featured testimony from former Clerys employee John Crowe, who highlighted the impact of the store's closure on his personal life.
In a brief appearance before the High Court on 11 July 2016, bankrupt developer John McCabe Snr and his wife Mary were processed through the statutory sitting phase of their bankruptcy. Judge Caroline Costello confirmed that the court‑appointed bankruptcy officer, Mr Chris Lehane, now formally owned the couple's assets and would administer their estate. The judge also issued a Section 85 order directing the couple to pay €680 per month to the official assignee until September 2018, with the proceeds going to creditors. The McCabes, who were not represented, consented to the payment order. Their son, John McCabe Junior, was absent but was expected to attend the statutory sitting later that month. The hearing was part of a broader group of 16 individuals, many self‑represented, who made similar brief appearances, with payment orders ranging from €278 to €2,900 per month for 14 to 18 months.
James Anthony Oliver Albert Corry, aged 46, was arrested in Killorglin, Co Kerry, last October on a European Arrest Warrant issued by German authorities. He is suspected of involvement in a 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck, Germany, where three mortar shells were fired. The High Court set a hearing for the extradition case on 5 October and remanded Corry on continuing bail until that date.
In a High Court hearing, inspectors from the Workplace Relations Commission (WRC) argued that the legal and factual status of 460 workers laid off from Clerys Department Store in June 2015 is "inextricably linked" to events involving D2 Private Ltd and its director, Ms Deidre Foley. The inspectors, who entered D2's Harcourt Terrace offices in May and seized documents and a computer, claim that Ms Foley and other parties were directly involved in the decisions leading to the redundancies. D2 and Ms Foley contest the inspectors' authority under the 1977 Protection of Employment Act and the 2015 Workplace Relations Act, asserting that the powers used were unconstitutional and that they were never the employers of the Clerys workers. The inspectors maintain that their investigation is a "public interest" inquiry into the commercial transaction that transferred Clerys to Natrium Ltd, a joint venture of D2 and Cheyne Capital Management.
In July 2016, Andrew Law (82) and his wife Joanna (76) reported that 18 months after winning a High Court appeal against the Financial Services Ombudsman (FSO) for mis‑selling an investment, they were still awaiting a decision on their complaint. The couple had lost €192,000 on an investment in the "Evergreen Fund" after selling a property and investing €800,000 under pressure from Bank of Ireland. The High Court had found that the FSO had erred in its reasoning but had not ruled the complaint out. The Laws now seek a High Court order directing the FSO to rehear the complaint, warning that if the delay continues they may pursue a motion for attachment and committal of the FSO. The FSO maintains that the investigation is ongoing and that the complaint has not been put to the back of the queue. The case remains pending with no oral hearing date set.
In a High Court case, retired judge Barry White (71) argues that a Bar Council rule preventing him from practising as a barrister in courts equal to or below the ones he once presided over is unconstitutional. The rule, based on an 85‑year‑old Supreme Court decision involving former Appeal Court judge James O'Connor, bars retired judges from private practice in courts equal to or lower than their former courts. White, who served on the Central Criminal Court for over a decade before retiring in 2014, claims the rule infringes his constitutional rights to work and earn a livelihood, and is anti‑competitive and disproportionate. He has offered undertakings to avoid conflicts, such as not handling cases he previously presided over or using confidential information. The Bar Council, represented by Michael Collins SC and Paul Sreenan SC, seeks to dismiss the action, asserting the rule protects the integrity of the justice system.
In a High Court hearing set for 7 July, D2 Private Ltd and its director, Ms Deidre Foley, will challenge the authority of inspectors from the Workplace Relations Commission and An Garda Siochana to enter their offices and seize documents during an investigation into the collective redundancies at Clerys Department Store. The inspectors, appointed after Clerys' closure in June 2015, entered D2's premises in May and took various materials, including correspondence with liquidators and former directors of OCS Operations. D2 and Ms Foley argue that the inspectors lack the power to enter their premises or lawfully take the requested computer and materials, and that only documents relevant to the investigation may be seized. The case also involves a parallel challenge by Natrium Ltd, a joint venture that acquired Clerys, which seeks to contest the inspectors' powers and claims some materials are privileged.
In a High Court hearing on 1 July 2016, Rotunda Hospital apologised to Sarah Quigley and David Harding for the death of their son David, who was delivered stillborn on 2 September 2010. The apology, read by the hospital's staff and management, acknowledged shortcomings in the management of the late stages of Ms Quigley's pregnancy and expressed sincere regret for the grief and distress caused. The hospital's apology was part of a confidential settlement of the couple's action against the hospital, which had alleged that the hospital failed to recognise placental insufficiency and failed to act, resulting in the infant's death at 40 weeks. The couple, represented by solicitor Daniel Hughes, welcomed the closure of six years of litigation and expressed gratitude for the justice achieved. The hospital denied the claims in its defence. The settlement terms remain confidential.
An interim examiner, Mr Kieran Wallace of KPMG, was appointed by the High Court to oversee four companies that run the Dobbins restaurant in Dublin and the Becketts Hotel & Restaurant in Leixlip. The group, employing about 60 people, sought court protection because of cash‑flow problems caused by lost business contracts and historic bank debts. The companies, which acquired their assets during the Celtic Tiger boom, now carry a high level of debt. Mr Wallace was appointed after an Independent Expert's Report indicated the companies had a reasonable prospect of survival if a scheme of arrangement with creditors were approved. The scheme would involve restructuring bank debt, paying a dividend to creditors, securing new investment and leasing the premises on the open market. The case is set to return to the court in July. The main creditors are the Revenue Commissioners and KBC Bank.
In a High Court case, Fergus O'Connor, owner of an equestrian centre in Dunmoe, Navan, challenged Offaly County Council's renewal of a national waste collection permit for Tag A Bin Ltd. O'Connor alleged that the waste site's operations were polluting the environment and posing health risks to his clients, workers, and horses, and that the site was within 600 metres of the River Boyne and River Blackwater Special Areas of Conservation. He claimed the council had failed to conduct proper screening, complied with EU Habitat Directives, and had no statutory authority to act as the National Waste Permit Collection Office. O'Connor sought orders quashing the renewal, declarations that the council acted beyond its powers, and that it had no jurisdiction in Meath. The case was heard ex‑parte by Mr Justice Richard Humphreys, who granted O'Connor permission to proceed and set a return date for October. Tag A Bin Ltd and Meath County Council were named as notice parties.
Stephen Bennett, 44, of Pearse Green Sallynoggin, Dublin, faces charges of obstructing Irish Water under section 12 of the Water Service Act 2007 in both Dublin and Dun Laoghaire District Courts. He has filed a High Court application to halt his prosecution, arguing that the Director of Public Prosecutions (DPP) lacks authority to prosecute offences under the 2007 Act. Bennett's counsel, Michael Ó Higgins SC, contended that only a water services authority can bring summary proceedings under the Act, and that the DPP, acting in each case, is not such an authority. The DPP countered that it is fully entitled to prosecute. Mr Justice Richard Humphreys granted Bennett permission to proceed with his challenge, placed a stay on the prosecutions pending the High Court's decision, and set a return date in July. The case remains pending.
In a 2016 appeal, the Court of Appeal reserved judgment on both the judicial review of the Director of Public Prosecutions' (DPP) decision not to prosecute Eric Eoin Marques in Ireland and Marques' appeal against an extradition order to the United States. Marques, a 30‑year‑old Dublin resident, is alleged by the FBI to be the owner of the anonymous hosting site Freedom Hosting and faces U.S. charges of conspiring to distribute and advertise child pornography. He has been in custody since August 2013, and his surrender was ordered by the High Court in December 2015 but stayed pending appeal. The Irish Human Rights and Equality Commission, represented by Michael Lynn SC, argued that the DPP must give reasons for its decisions or, if it chooses not to, must explain why. The Court, sitting with Justices Peart, Birmingham and Sheehan, declined to decide on either appeal at that time, noting the Commission's impartial role in both matters.
In a 2016 Court of Appeal hearing, lawyers for Eric Eoin Marques, a 30‑year‑old Irishman accused by the FBI of running a child‑pornography site, argued that the Director of Public Prosecution (DPP) no longer had a "quasi‑immunity" to refuse to give reasons for its decision not to prosecute him in Ireland. Marques, who has been in custody since 2013 and whose extradition to the United States was ordered by the High Court, appealed a judicial review of the DPP's refusal. Counsel Micheál P O'Higgins cited the Supreme Court's *Murphy* decision, which required the DPP to provide reasons for prosecutorial decisions, and argued that the refusal was unjustifiable. The DPP's counsel, Patrick McGrath, countered that no constitutional right was infringed and that the refusal was based on public‑interest considerations. The case was set to resume the following day.
In a 2016 appeal, lawyers for Eric Eoin Marques, a 30‑year‑old Irishman accused by the FBI of running the "largest facilitator of child porn in the world," argued that surrendering him to the United States would violate his fair‑trial rights. Marques, who has been in Irish custody since August 2013, faces charges for conspiring to distribute and advertise child pornography on anonymous sites. His counsel, Micheál P O'Higgins SC, claimed that U.S. sentencing could consider uncharged or acquitted conduct, potentially leading to a "flagrant denial of justice." He cited U.S. case law and international standards, including the European Convention on Human Rights, to support the claim that such practices would be unlawful. The Attorney General's counsel, Patrick McGrath SC, dismissed the allegations as speculative, stating that U.S. judges are not obliged to enhance sentences with uncharged conduct and that no real risk of a denial of justice existed.
An agreement was reached that allows Druids Glen Golf Club Ltd to exit examinership. The club, which owns and operates the Druid's Glen Golf Course, had sought High Court protection after Gulland Property Finance Ltd appointed a receiver over the course following a claim of €4.85 million owed by Lakeford Ltd. The receiver's appointment led to the appointment of interim examiner Mr John McStay. The High Court heard that Druids Glen and Lakeford secured funding through investment from Candarlii Ltd and a €1.8 million loan from AIB, which satisfied Gulland's debt. The club also agreed to pay the interim examiner's costs and has funds to pay all preferential and trade creditors. Consequently, the court agreed to withdraw the examinership petition, and the club, which employs 36 people, will continue to operate the course and its associated facilities.
DigitalEurope, representing the digital technology industry in Europe, has applied to join a High Court action initiated by Data Protection Commissioner Helen Dixon over EU‑US data transfers via Facebook. The Commissioner seeks the High Court to refer key legal questions about the validity of standard contractual clauses (SCCs) used for data transfers to the Court of Justice of the EU. The case stems from Austrian lawyer Max Schrems' objections that Facebook Ireland's transfers to its US parent breach his EU data‑privacy rights. Judge Brian McGovern has fast‑tracked the case in the Commercial Court and granted leave for DigitalEurope to apply to join, with the application to be decided later. The judge set a hearing for 27 June. Similar applications have been filed by other bodies, including the US government, the Business Software Alliance, and the Electronic Frontier Foundation.
In a High Court case, Playboy Enterprises International sued Entertainment Media Networks (entertainment.ie) for copyright infringement over a link to exclusive Kate Moss photographs used in Playboy's 60th‑anniversary edition. Playboy alleges the site posted a link to images it commissioned and that this caused significant loss, damage and reputational harm. The court had earlier ordered Playboy to provide certain documents to the defendant before trial. The defendant now seeks further discovery, including Playboy's accounts for the last five years, to defend its broad damages claim. Playboy argues it should not disclose sensitive commercial information. The judge adjourned the matter for two weeks to allow the parties to negotiate, noting that an agreement could avoid a ruling on the discovery issue. The dispute centres on the exclusive "artistic" images of Ms Moss in various states of undress, which were published in the magazine's 60th‑anniversary edition on 10 December 2013.
Catherine Ryan, a former Deputy Head of Group Performance at Bank of Ireland, applied to the High Court for an order that would require the bank to pay her salary while her full legal action was pending. The court dismissed the application, ruling that it could not order ongoing salary payments until the case was fully heard. Justice Paul Gilligan noted that the evidence presented was conflicting and that a trial judge would need to assess witnesses and supporting facts before deciding. The judge directed that the dispute proceed to a full hearing at the earliest opportunity and set the case for the start of the new legal term in October. Ryan's claim that she was marginalised and "set up to fail" by her employer was rejected by the bank, which said her dismissal was performance‑related and that she had not met the required standard during her probationary period.
In a High Court hearing on 16 June 2016, Express Bus Limited, a Dublin‑based operator of commuter, shuttle, school and private coach services, sought an injunction to prevent the Minister for Transport from cancelling its operating licence, which was due to expire at midnight on 15 June. The company had applied for renewal online and submitted all required documents, yet the Minister had not renewed the licence. The court heard that the only possible reason for the delay was a request for original documents that had already been submitted. Mr Justice Paul Gilligan granted the company permission to serve short notice on the Minister. When the case returned the following day, the Minister had issued the licence, rendering the action moot. Consequently, the court struck the case out, and Express Bus Limited resumed normal operations.
The operator of several bus services, Express Bus Limited, has filed High Court proceedings against the Minister for Transport, Tourism and Sport after the Minister refused to renew its operating licence. The company, which runs commuter, shuttle, school and private coach services in the Dublin area, had submitted an online renewal application and all required documents. The licence is set to expire at midnight on Wednesday, and the company seeks an injunction to prevent the Minister from cancelling, revoking or allowing the licence to expire, and to suspend any revocation from midnight on 15 June. The court heard that the only possible reason for the refusal was a request for original documentation, which the company claims was already submitted. Mr Justice Paul Gilligan allowed the proceedings to be served on the Minister at short notice and said the matter could return to court the following morning, hoping for an explanation of the refusal.
Siobhan Hatton, a woman in her 30s from Roundwood, Wicklow, is facing an extradition hearing in Dublin for alleged involvement in a multi‑million euro steroid distribution scheme. She appeared briefly before Justice Aileen Donnelly at the High Court, where a hearing was set for 1 November. Sean Guerin SC said the hearing could last three days. Hatton was remanded in custody until 11 July, when the case will be mentioned again.
Daniel O'Connor, a widower from Kilnamanagh, Tallaght, has filed a High Court claim against Irish Life Insurance Plc after the insurer refused to pay a €300,000 life assurance policy following his wife Ashling's death at age 32 in November 2008. The policy, taken in February 2008, was linked to a mortgage for their home. Irish Life declined payment in June 2009, citing non‑disclosure of Mrs O'Connor's medical investigations in 2004, 2006 and 2008, including a diagnosis of Reynaud's disease and a small left kidney noted in an ultrasound. O'Connor seeks damages, aggravated and exemplary damages for loss, distress and upset caused by the insurer's alleged negligence and breach of contract. He also claims the insurer's refusal led to job loss, mortgage arrears and repossession proceedings by Stepstone Mortgages. Irish Life denies the claims and argues the policy was void due to non‑disclosure, and has counter‑claimed a declaration that it was entitled to void the contract.
In 2016 a man who was sexually abused by Garda Jack Dunne when he was 12 years old in the late 1950s and early 1960s settled a High Court action against the Garda Commissioner and the State. The abuse took place at Pearse Street Garda Station in Dublin, where Dunne was stationed. The claimant sought damages for personal injury, distress and upset caused by the abuse and alleged negligence and breach of duty of care by the Garda Commissioner, the Minister for Justice and the Attorney General. The defendants were found vicariously liable for Dunne's conduct. The case was settled before trial, with a statement read by the defendants acknowledging the abuse and committing to prevent and prosecute such offenders. No further settlement details were disclosed. The claimant expressed satisfaction with the outcome. Jack Dunne was convicted.
A long-running dispute over Bartragh Island in Killala Bay, County Mayo, returned before the High Court on Tuesday. The case concerns a 1996 agreement between former island owner Mary Molloy and Sean Simon regarding a purchase option. Ms Justice Miriam O'Regan dismissed Mr Simon's preliminary application to strike out proceedings on grounds of inordinate and inexcusable delay. The judge acknowledged a delay of over ten years had occurred but determined it was in the interests of justice to proceed with assessing damages. The case will now advance to a damages assessment hearing. In 2003, the High Court previously ruled that Ms Molloy's attempts to exercise her option to repurchase the island had been frustrated when a mortgagee lender agreed to sell the property to an international golf company.
In a 2016 High Court decision, the State agreed to pay costs for a challenge to the validity of breathalyser statements printed only in English. The case stemmed from a 2014 District Court hearing in which solicitor Michael Staines argued that the breath-test statement was not "duly completed" because it lacked an Irish-language version. Judge Colin Gibbons referred the matter to the High Court, where Justice Seamus Noonan ruled that the specimen must be supplied with two identical statements, one in Irish, and that a missing Irish half meant the evidence could not be admitted. The Court of Appeal later overturned this ruling, stating the omission was a matter of form, not substance. Justice John Edwards upheld the High Court's earlier award for costs in favour of Mr Avadenei, but made no order for appeal costs. The decision was noted as potentially affecting many drink‑driving prosecutions across the country.
In a High Court hearing on 2 June 2016, the court considered whether a French mother, who is wanted in France for child abduction and for failing to return her son to his father, should be sent to France to face those charges. The mother, who cannot be named, claimed she came to Ireland to protect her 17‑year‑old son, who is autistic. Her lawyer, Michael Lynn SC, told Justice Aileen Donnelly that the boy had come to Ireland willingly and that his right to travel with his mother should not be affected by any French custody order. Lynn argued that the boy's autistic condition does not make him incapable of making his own decisions and that no evidence had been presented to contradict this. He also urged the court not to equate the French child‑abduction charge with a false imprisonment charge in Ireland.
Dave Mahon, the appellant, has confirmed he will not appeal the manslaughter verdict regarding the death of Dean Fitzpatrick. Mahon, 45, was found guilty of killing his partner's son, who received a fatal stab wound to the abdomen outside their shared apartment in Northern Cross on May 26, 2013. He had pleaded not guilty to the initial charge of murder but was cleared of that count. During the sentencing hearing, Ms Justice Heneghan heard three victim impact statements from Dean's father, Christopher Fitzpatrick; his partner, Sarah O'Rourke; and his mother, Audrey Mahon. The court also noted that Mahon had previously received a four-month suspended sentence for dangerous, drunk, and careless driving, which was active at the time of the killing. Defense counsel Sean Guerin SC argued that Mahon accepted the jury's verdict and that the case represented involuntary manslaughter at the bottom of the culpability scale. He also highlighted Mahon's medical issues, including hip replacements. Prosecution counsel Remy Farrell SC presented the victim impact statements. Ms Justice Heneghan stated she would hand down sentence on June 13th and remanded Mahon in custody until that date. The matter was adjourned for sentencing.
In a High Court hearing on 27 May 2016, Druids Glen Golf Club Ltd sought to replace the receiver appointed by Gulland Property Finance Ltd with an examiner. Gulland, which had acquired a loan from Anglo Irish Bank that had been taken by a related company, claimed it was owed €4.85 million and had appointed a receiver over the 18‑hole championship course at Newtownmountkennedy, Co Wicklow. Druids Glen requested the removal of the receiver and the appointment of Mr John McStay of McStay Luby Accountants as interim examiner for both Druids Glen and the related company Lakeford Ltd. Gulland's counsel, Lyndon MacCann SC, said the examinership would be opposed, while Druids Glen's counsel, Patrick Leonard SC, said the club would consider the objection. The judge adjourned the matter to a June hearing. The course employs 36 people and has hosted Irish Open tournaments and the 2002 Seve Trophy.
Mark Eribo, aged 29, had a three‑year sentence for stealing camera equipment from a photojournalist at a McDonald's on Grafton Street on 1 May 2012. The sentence, imposed in 2014, had a final year suspended. He was released in May 2015. In 2016 the Probation Service re‑entered his case after finding a "fairly comprehensive failure to comply" with the suspension terms. Judge Melanie Greally ordered that three months of the suspended year be reactivated. Eribo, who had 59 prior convictions, had pleaded guilty at Dublin Circuit Criminal Court. His defence lawyer, Sandra Frayne, noted that Eribo had initially tried to comply but his efforts waned due to addictions, and that he remained eager to seek help. The equipment was valued at €9,750. The case was originally heard by Judge Mary Ellen Ring in 2014. The Probation Service's activation of the suspended sentence was unaffected by a recent High Court ruling on the area.
In a Dublin Circuit Criminal Court hearing on 27 May 2016, a 25‑year‑old man was denied compassionate bail to attend his eight‑year‑old son's First Communion. The defendant, who faces charges of assaulting three gardaí and robbing a petrol station, has 22 bench warrants dating back to 2005 and has breached High Court bail twice. He has 101 previous convictions and is currently in custody. His barrister, Luigi Rea BL, requested a brief release on Sunday, arguing the defendant would be returned to prison after the ceremony. A garda opposed the release, citing the defendant's history and the seriousness of the charges. Judge Patricia Ryan refused the temporary bail, citing the defendant's record, and adjourned the case until the end of July. The defendant stated he was drug‑free and blamed himself for the bench warrants. The court's decision was based solely on the charges and the defendant's past breaches. The case remains pending.
In a High Court case, Galway Free Range Eggs Ltd sought a permanent injunction to stop Hillsbrook Eggs Ltd and its directors, Kevin and Carmel O'Brien, from using the name "O'Briens of Galway Free Range Eggs" on their packaging. The claim alleged that the defendants were passing off their eggs as Galway Free Range Eggs, potentially misleading consumers. Mr Justice Tony O'Connor dismissed the claim, noting that the evidence did not show any intent by the defendants to mislead or obtain a "free ride" by using the Galway name. He found the plaintiff's evidence of misrepresentation to be tenuous and unreliable, and concluded that the defendants had not used the O'Brien name or the geographic designation in a way that violated honest commercial practice. Consequently, the injunction was refused and the case was dismissed.
In May 2016, lawyers for 46‑year‑old James Anthony Oliver Albert Corry, arrested in Killorglin on a European Arrest Warrant issued by German authorities in 2004, argued that extraditing him to Germany for the 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck would be oppressive under the Good Friday Agreement. Corry, alleged to be one of five IRA members who divided responsibility for the attack, faces charges of attempted murder and grievous bodily injury. His counsel claimed that if tried in Ireland he could benefit from early release provisions of the Agreement, whereas extradition could lead to a life sentence in Germany. The High Court considered whether the Agreement provided an amnesty, concluding it did not, and noted that surrender would interfere with family rights but that alone was not a reason to refuse it. The case was adjourned to July 21, 2016, with Corry remanded on continuing bail.
In a High Court hearing on 12 May 2016, Independent TD Michael Lowry was ordered to pay his own legal costs after being added as a third‑party defendant in a case brought by Persona Digital Telephony. The company alleged that Denis O'Brien's Esat Digifone consortium had secured a 1996 mobile‑phone licence by bribing then‑communications minister Michael Lowry, an allegation denied by the company. The court had earlier refused a request for third‑party funding from an English firm. Justice Aileen Donnelly ruled that O'Brien, who was added to the proceedings by the High Court, was entitled to costs as a defendant, and she also awarded costs to the State. Lowry, however, was not a defendant in the original case and was added by the State; the court found his involvement unnecessary and therefore he was not entitled to have his costs paid.
A French woman, whose name is withheld for legal reasons, appeared before the High Court in Dublin on 10 May 2016. She is wanted by French authorities on child‑abduction charges relating to her now 17‑year‑old autistic son. The extradition warrant also alleges she failed to comply with a French court order to hand the boy over to his father. The woman was held at the Dochas Centre and was granted bail with a €75,000 surety. In the hearing before Ms Justice Aileen Donnelly, she explained that she flew to Ireland with her son a day after she was due to return him, fearing he might be institutionalised if he returned to his father. Counsel for the Minister for Justice, Mr Vincent Heneghan, argued that the warrant concerned abduction of a minor and failure to deliver a child, but noted the boy was over 16, so the offence would be false imprisonment.
A High Court jury in Co. Westmeath awarded €13,000 in damages to Fergal O'Rourke, 62, after finding he was assaulted during an arrest on 12 July 2009 at a checkpoint in Ballymore. O'Rourke alleged that Garda Darren Murphy kicked, grabbed his throat, punched him, and struck him with an implement while he was on the ground and handcuffed. He also claimed Garda Joanne McGhee did not assault or injure him. The jury, after more than three hours of deliberation, concluded that Murphy had negligently inflicted injuries and intentionally caused emotional distress, and that reasonable force was not used. McGhee was found not to have assaulted or injured O'Rourke. The award was made by Mr Justice Colm MacEochaidh. O'Rourke had previously pleaded guilty to a charge of failing to provide a specimen after his arrest. The case involved a three‑day trial with photographic evidence of his injuries.
A family of seven facing High Court proceedings to remove them from a vacant council house in Kenagh, County Longford, has rejected alternative accommodation offered by the local authority. John Paul Doyle, his wife Frances, and their five children occupy the three-bedroom property at 21 Casey Court without permission. Longford County Council seeks an injunction to evict them, citing a housing list of over 1,220 applicants. The council offered a four-bedroom privately-owned house near Longford Town with reduced rent support of €42 weekly, compared to €90 for council housing. The family declined, stating the property lacked a rear garden and proximity to a busy road made it unsuitable. The Doyles, unrepresented in court, acknowledged wrongdoing but said circumstances left them without alternatives after their previous landlord reclaimed his property. They have been on the housing list for approximately two years. Mr Justice Paul Gilligan adjourned the matter to later in May.
An 18‑year‑old leaving‑cert student with dyslexia has filed High Court proceedings to secure a reader, an exam supervisor who reads questions in a dyslexic‑friendly manner. The student's application was rejected by the Independent Appeals Committee of the State Examinations Commission, which operates under the Department of Education, and no reasons were provided for the refusal. The student seeks orders to quash the refusal and a declaration that he is entitled to the reasons for the decision. He has applied under the Disability Access Route to Education, a scheme that offers reduced points to school leavers whose disabilities have negatively impacted their second‑level education. To qualify for a reader he needed to meet specific criteria, including word‑reading test scores; he scored just above the threshold.
In May 2016 Irish Cement Ltd filed a High Court challenge to a compulsory purchase order issued by An Bord Pleanála, which allowed Shannon Foynes Port Company to acquire 37.5 hectares of the cement company's land for harbour expansion. The company argues that An Bord failed to properly assess its constitutional property rights when granting the order. The court granted permission to proceed on an ex‑parte basis and placed a stay on the port company's actions under the order until the matter is decided. The case is scheduled for a June hearing.
A man suspected of raping a woman in Belfast in 2003 was arrested in Dublin and brought before the High Court under a European Arrest Warrant issued by UK authorities. Detective Sergeant Jim Kirwan informed the court of the arrest. Justice Aileen Donnelly confirmed the identity of the man and remanded him in custody until May 27, when the case will be mentioned again.
In a High Court case, Mr Justice Michael Moriarty ruled that Sections 99.9 and 99.10 of the Criminal Justice Act 2006, as amended, are unconstitutional, affecting the activation of suspended sentences. The judge delivered his judgment on 19 April and, after receiving written submissions from the State and the six prisoners, adjourned the matter to a hearing on Wednesday to consider further submissions. Lawyers for the State had earlier been permitted to submit on the form of the final orders, while the prisoners' counsel sought formal declarations of the provisions' unconstitutionality. The judge will issue final orders next week following the hearing. The decision also prompted adjournments of related actions involving about ten other prisoners, pending the final orders of Judge Moriarty.
In a High Court hearing, 62‑year‑old Fergal O'Rourke from Mullaghcloe, Ballymore, claimed that while handcuffed and on the ground after his arrest on 12 July 2009, a Garda struck him several times with a weapon and another Garda grabbed him by the throat. He said the incident left him with injuries requiring hospital treatment and a lame leg, and that it made him nervous. O'Rourke also alleged that he was kicked and punched, then taken to Athlone Garda Station and later to A&E in Ballinasloe. The defendants denied the allegations, stating O'Rourke was arrested after his vehicle performed a u‑turn at a Garda checkpoint, that he resisted arrest and kicked a Garda, and that the Garda used a baton in self‑defence. O'Rourke testified he had no intention of striking a Garda, had been trying to escape, and had previously pleaded guilty to refusing a breath‑sample after arrest.
Simeon Cosmo Langford, 33, was brought before the High Court in Ireland after being arrested in Cork in August 2015. He is wanted in the UK on charges of attempted murder, grievous bodily harm and theft, and for allegedly breaching the conditions of his release from a UK prison sentence. A European Arrest Warrant issued in August 2015 alleges that Langford absconded and travelled to Ireland on 13 June 2015 using a passport in the name of Luke Gillespie. He was handcuffed and accompanied by five officers in full riot gear during the hearing. His barrister, Ronan Munro BL, argued that Langford is a "special category" person who would face inhumane and degrading treatment if returned to the UK, citing his alleged "appalling experiences" in British prisons. The Minister for Justice and Equality, Vincent Heneghan BL, countered that the allegations were subjective and that there were no reports of abuse in UK prisons.
RTE has filed a pre‑trial motion with the High Court to have Sean Gallagher's lawsuit dismissed, arguing that he has not complied with orders to provide material the broadcaster says is relevant to the case. The disputed material includes e‑mails from Gallagher's campaign to become president. RTE's counsel, Paul Gallagher SC, described Gallagher's approach to discovery as "alarming" and cited serious negligence, while Gallagher's counsel, Niall Buckley BL, acknowledged initial deficiencies but said they were rectified. Gallagher's claim seeks a declaration that an October 2011 RTE Frontline debate was unfairly edited to damage his electoral prospects, and he also seeks damages for alleged breach of statutory duty, negligence, misfeasance, and exemplary damages related to comments by Pat Kenny. RTE denies all allegations, stating Gallagher's actions harmed his prospects. The motion is before Mr Justice David Keane, with the hearing expected to conclude on Friday. Gallagher was not present at the hearing. Sean Gallagher had the case struck out.
In a High Court hearing on 28 April 2016, Mr Justice Paul Gilligan heard that a dispute between Lynams Hotel's operator, Theresa Andreucetti, and a receiver appointed by NAMA over the hotel's landlords had been settled. Andreucetti, who has run the hotel since 2008 under a lease, had obtained a temporary injunction to retain possession after the receiver's agents entered the premises, claiming she owed €528,000 in rent arrears. She denied the arrears and counter‑claimed that the landlords should pay for roof repairs and damages caused by water‑damaged bedrooms. The parties agreed that the hotel would be handed over to the receiver on 1 August, with Andreucetti continuing to operate it for three months. She will give vacant possession at midnight on that date, pay the receiver rent, rates and arrears, and the 21 staff will be made redundant. The receiver intends to sell the property quickly, and the case will be revisited in July.
Longford County Council sought a High Court injunction to remove a family of seven from a council house at Casey Court, Kenagh, which they had occupied without permission. The council told the court it has no suitable accommodation available for John Paul Doyle, his wife Frances, and their five children, noting that a three-bedroom property is not deemed appropriate for a family of that size. The council's housing list contains over 1,200 applicants, and the family had been waiting two years for housing. The Doyles acknowledged entering the property wrongfully but stated they had exhausted other options after their previous landlord reclaimed a rented home. Mr Justice Paul Gilligan expressed concern about the family being rendered homeless and adjourned the matter to May to allow both parties to explore private rental accommodation. The judge urged cooperation between the council and the family, noting the council had approved them for rent allowance.
Eamon McNamee, a 34-year-old man from Lucan, County Dublin, appeared before the Special Criminal Court charged with possession of a firearm with the intent to commit an indictable offence, namely assault causing harm. The alleged incident occurred at Fairgreen, Saggart, Co Dublin, on January 19th, 2013. These charges are alleged and remain contested. During the hearing, Mr McNamee sought a trial date. Mr Justice Paul Butler noted that the second incarnation of the Special Criminal Court is technically ready to run, having become operational after the Acting Justice Minister signed the rules of court. The judge indicated a prospect that cases awaiting trial, including Mr McNamee's, could be transferred to the new court early next month. However, Mr McNamee's case was listed for mention again on Friday, May 6th. The judge stated that the court would include Mr McNamee's case, particularly those involving individuals in custody, to return to the first Special Criminal Court on that date. Consequently, the matter was adjourned until May 6th. Mr McNamee was remanded on continuing bail until that date.
The High Court has adjourned several prisoner applications pending clarification of orders following Mr Justice Michael Moriarty's judgment declaring provisions of Section 99 of the Criminal Justice Act 2006 unconstitutional. Mr Justice Seamus Noonan adjourned an Article 40 challenge by an unnamed man who pleaded guilty to road traffic offences, receiving a five-month sentence and a 30-year driving ban. This man, originally sentenced in 2010 to eight years for robbery and firearms charges with seven suspended, had his suspension activated in November 2014. The State argued he is validly detained as he did not appeal the road traffic convictions. In a separate case, Mr Justice Noonan adjourned a judicial review challenge by another unnamed man who pleaded guilty to offences under the Criminal Justice (Theft and Fraud Offences) Act. His 11-month suspended sentence, part of a two-year term for drug offences, was revoked by the District Court on April 14th last, resulting in his jailing. He remains in custody pending his appeal due to inability to provide bail lodgement. A third prisoner's Article 40 application was also adjourned. These delays await final orders from Mr Justice Moriarty, originally due May 5th, which will now be addressed next Wednesday to clarify the scope of the unconstitutionality ruling.