In a case involving an inmate who assaulted three prison officers, the final sentencing has been adjourned until the High Court's recent ruling on the activation of suspended sentences is clarified. Judge Melanie Greally, hearing the case at Dublin Circuit Criminal Court, intended to impose a partially suspended term on Eoghan McGarry, 30, but declined to enforce a sentence that could not be upheld if he re‑offended. McGarry, originally from Tallaght and without a fixed abode, pleaded guilty to assault causing harm to the officers on 23 April 2015. He attacked them with a homemade weapon made from razor blades and a toothbrush while they delivered breakfast. Two officers suffered post‑traumatic stress and have not returned to work. McGarry was present in court flanked by five officers in riot gear.
In a High Court hearing on 20 April 2016, former taxing master James Flynn and his company Fortberry Ltd consented to judgments in favour of AIB. Flynn agreed to a €2.5 million judgment, while Fortberry Ltd agreed to a judgment exceeding €5 million. The bank's claim arose from loans it provided to Fortberry Ltd in 2008 and sought repayment of the amounts it alleged were due. Flynn, a director and shareholder of the company, was also named in the claim because of a guarantee he allegedly entered into for the loan facilities. The court, presided over by Mr Justice Paul Gilligan, granted a stay on the execution of the judgments until October to allow Flynn and the company to sell assets, including properties, to reduce the debt. The stay was conditional on full cooperation with the bank, and the parties were allowed to apply for an extension in October.
In a High Court case on 20 April 2016, a receiver appointed by AIB secured an injunction against anti‑eviction activist Ben Gilroy and several others to vacate a commercial premises at 131 D Slaney Road, Glasnevin. The receiver, Ken Fennell, had been appointed in October 2014 after AIB obtained a €2.18 million judgment against the property's owner, Christopher Noone. Fennell sought the injunction because he could not secure possession of the premises, which were occupied by Gilroy, Anderson Prado, Sylwia Waliszewska (trading as Sun Body Solarium), Paul O'Callaghan, Mariusz Jurkiewics and Arthur Fluskey. The court found that none of the occupants had provided evidence of lawful entitlement to the property and dismissed all arguments raised by Gilroy, including his claim of a contractual tenancy and the validity of Fennell's appointment. The injunction was granted, and the matter was adjourned for a week to allow both sides to consider the decision.
A High Court judge refused to allow an English company to fund a legal action against the State, Denis O'Brien and former minister Michael Lowry. The decision was based on the 1634 law of champerty, which makes third‑party funding of legal cases illegal in Ireland. James Boyle of Persona Digital Telephony, who sought to sue after his company lost a mobile licence to Esat Digifone, said he could not raise the €10 million required for the litigation and would therefore drop the case. Justice Aileen Donnelly noted that the plaintiff's claim that the case was of "great public importance" did not override the ancient law, and she rejected the funding arrangement, stating that third‑party funding remains a civil wrong and a criminal offence in Ireland. The case will not proceed.
In a High Court case concerning the auction of more than 1,000 cattle owned by Peter and Tracey Kingston of Craden Hill Farm, the action was adjourned. The Kingston farm had entered receivership last year, and a receiver was appointed. The Cork County Sheriff, Sinead McNamara, secured an injunction to prevent protesters from disrupting the sale, which was held on 12 April and resulted in the cattle being sold. Two bidders who had won about 500 animals failed to pay, raising the possibility of resale. The Sheriff's counsel, Frank Callanan SC, requested an extension of the injunction, citing urgent developments, including an expiring export licence. Jerry Beades, representing himself, challenged the injunction's validity, claimed he was not involved with the Kingstons, and sought to have the order set aside. He also accused the judge of unfairness and requested recusal, but Justice Paul Gilligan denied the request and rejected the accusations.
Longford County Council has initiated High Court proceedings against a couple alleged to have occupied a vacant council property without authorisation. John Paul and Frances Doyle are claimed to have moved into a house at Casey Court, Keenagh, Co Longford several days prior to the court application. The Council seeks orders for possession of the property and an injunction preventing the defendants from entering the premises without lawful permission. Mr Justice Paul Gilligan granted the Council permission to serve short notice of the injunction proceedings on Tuesday. The judge adjourned the matter for one week. The Council submitted that urgency attaches to the case as the property has been offered to another family on the local housing list. It was stated that the locks had been changed following the couple's entry. Both respondents are on the local authority's housing list.
In a High Court judicial review, John and Kathleen O'Reilly and their two children, members of the Irish Travelling Community, argue that Limerick City and County Council failed to provide emergency accommodation as agreed on 22 March. The family had lived at a temporary bay on Childers Road Halting Site since 2008 but left in March due to unsafe conditions—deteriorating structure, rodent infestation, damp, mould, and a fire that damaged the washing facility. They then lived in rented caravans that were unsuitable and unaffordable. After the council committed to cover the cost of emergency accommodation, the family could not secure suitable B&B accommodation because B&B owners would not accept a booking without a credit card. The O'Reillys seek a court order compelling the council to comply with its March decision, declarations that the failure breaches their rights under the European Convention on Human Rights, and damages.
In a High Court hearing, Mr David Walsh from Knocknagreena, Ballinasloe, sued his stepmother, Mrs Mary Walsh, claiming a one‑sixth share of a €3.38 million Lotto win, amounting to €564,000. He argued that he signed the back of the winning ticket and was entitled to that share, and that the money was held in trust for him by his stepmother and his late father's estate. Mrs Walsh, represented by Claire Bruton, denied the claim, asserting that the ticket belonged to her and that her stepson was not entitled to any proceeds. The case was briefly presented to Mr Justice Paul Gilligan, who set a November hearing date and allowed pre‑trial motions to be filed within a month. No parties were present during the short hearing. The dispute centers on ownership of the ticket and the distribution of the prize money.
Sean Feehan, a 50‑year‑old boatman who has taken passengers to Skellig Michael since 1980, has brought a High Court case against the Office of Public Works (OPW) after the OPW revoked two of his annual permits to land visitors at the UNESCO site. The revocation, announced in January, was justified by the OPW on the basis of safety concerns linked to Feehan's 2015 convictions for three offences under the Merchant Shipping Act, for which he was fined €850. Feehan argues the decision is unlawful, breaches his constitutional rights, and exceeds the OPW's powers. He seeks declarations that the revocation is invalid and damages. On Wednesday, Mr Justice Paul Gilligan granted a temporary injunction preventing the OPW from issuing two of four permits to other parties, with the matter to be revisited next Tuesday. Feehan maintains his safety record is exemplary and that other boatmen with similar convictions have not had permits revoked.
In a dispute over the ESB's contractor panel, Powerteam Electrical Services Ltd (trading as Omexom) had challenged the ESB's refusal to include it, alleging a breach of EU procurement rules. The ESB denied the claim. Powerteam sought a review in the High Court's commercial division, which triggered a suspension of contract awards to the panel. The ESB later had the suspension lifted, and the matter was briefly addressed by Mr Justice Brian McGovern, who noted that the dispute had been resolved and could be struck out. No settlement details were disclosed. The judge welcomed the resolution, noting that the suspension's negative consequences could outweigh its benefits. The case highlighted concerns about potential staff layoffs and operational risks if the suspension remained in place. The ESB argued that extending existing agreements could address urgency without layoffs. The dispute was settled before any further court action.
David Downes, a well‑known composer and musical director who co‑founded the all‑female Irish ensemble Celtic Woman, has filed a lawsuit in the Commercial Court seeking US$640,000 in royalties and additional amounts for services he performed on the music programme that later became the group's live stage production. He claims entitlement to a share of profits from album sales, DVDs, merchandise and box‑office royalties, and has demanded detailed financial information from Celtic Woman Ltd. The company counters by alleging that Downes owes them over US$1 million, a claim he denies. Downes has provided a sworn statement that the company's partial account for January 2012 to June 2014 acknowledged a debt of US$640,000, to which he asserts VAT and further royalties are due. The judge, Brian McGovern, admitted the case to the High Court's business division, with a hearing scheduled for July, and both parties have consented to the application.
In April 2016 the Commercial Court admitted a dispute between the solicitor's firm Eversheds and Dunnes Stores over a claim for professional fees of about €1 million. Eversheds, which had acted for Dunnes on various matters, alleges that Dunnes has not paid the full amount it owes. The firm has exercised a solicitor's lien on materials, including planning documents, held on Dunnes's behalf. Eversheds claims that an agreement reached late last year required Dunnes to pay €465,000 by early February 2016; if unpaid, the firm would be entitled to more than €900,000 plus VAT of €210,000 and disbursements of €20,000. The solicitor's claim for €1.1 million was brought to the Commercial Court, where the judge rejected Dunnes's objection that Eversheds had delayed the application and adjourned the case to allow Dunnes to prepare its defence.
Circuit Court Judge Patrick McCartan has agreed to recuse himself from the trial of Sean FitzPatrick, who faces 27 alleged offences under the 1990 Companies Act. Mr FitzPatrick, 66, of Greystones, Co Wicklow, has pleaded not guilty to these charges, which include 21 counts of making misleading, false, or deceptive statements to auditors and six counts of furnishing false information between 2002 and 2007. The recusal follows a High Court application by the defence, prompted by Judge McCartan's previous presiding role in the trial of three Anglo Irish Bank officials who were jailed for one to three years. Although the Court of Appeal later quashed the convictions of two of those accused, Bernard Daly and Tiarnan O'Mahoney, the defence sought a new judge for this case. Judge McCartan initially refused to step aside but agreed to do so after being directed by the High Court to consult with Circuit Court President Mr Justice Richard Humphreys. Judge Rory McCabe has now been assigned to take the case. Judge McCabe stated he is anxious for the trial to proceed in late May. The proceedings are expected to last three months and will require a specially enlarged jury of 15 members. The matter remains at the pre-trial procedural stage with the trial yet to commence.
Michael Lowry, 60, of Glenreigh, Holycross, Co. Tipperary, has withdrawn an appeal against the High Court's refusal to halt his tax trial. He faces charges at the Dublin Circuit Criminal Court for allegedly filing incorrect tax returns in 2003 and 2007. The High Court had dismissed his judicial review, citing the arguments as lacking substance. Lawyers for Lowry informed the Court of Appeal that the appeal was withdrawn, and he was ordered to pay legal costs for the unsuccessful High Court action.
In a High Court hearing on 8 April 2016, Theresa Andreucetti, the operator of Lynams Hotel at 63/64 Upper O'Connell Street, secured a temporary injunction restoring her to possession of the premises. Andreucetti had run the hotel since 2008, employing 21 staff and paying €240,000 in rent annually. The hotel had been taken over by agents of receiver Aiden Murphy after the landlords claimed Andreucetti owed more than €528,000 in arrears. Andreucetti denied any arrears and argued the agents were not entitled to take possession. She also brought a counterclaim for hundreds of thousands of euros for roof repairs and damages caused by water damage, claiming the landlords should bear those costs. The injunction, granted ex‑parte by Justice Paul Gilligan, required the agents to return possession to Andreucetti and was made returnable to the next Wednesday. The case remains pending.
In April 2016 the High Court, under Justice Miriam O'Regan, ordered AIB, Bank of Ireland and Bunclody Credit Union to supply details of bank accounts and addresses of people alleged to have intimidated James Richard Hodgins into signing cheques that led to €83,000 being paid to them. The orders were part of a broader effort to identify those who, according to Hodgins, threatened and coerced him over several years. The court also continued injunctions restraining 14 individuals from approaching Hodgins or his farm, while the injunctions against three others were deemed unnecessary. Hodgins, who lives alone near Roscrea, claimed the defendants had repeatedly offered work, then demanded money, and that he was forced to write cheques totalling €102,000, of which €83,000 was cashed. The case was adjourned to June for further proceedings.
A homeless family have initiated High Court proceedings against South Dublin County Council over its refusal to grant them priority status for housing allocation. Rosemary and Stephen Mongan, currently residing in emergency hotel accommodation in Dublin City Centre with their young child, became homeless in September 2015 when their landlord in Edgeworthstown, County Longford sold their rented property. The family subsequently applied to South Dublin County Council for priority status, citing family connections to the council's administrative area. Their application was verbally refused, though they were later approved for social housing support. The Mongans, represented by the Mercy Law Resource Centre Solicitors, contend they meet criteria for priority status on exceptional medical grounds. They seek orders to quash the council's January decision and compel reconsideration of their application. The family also seek declarations that the council acted in breach of statutory duty by failing to provide reasons and that the refusal was irrational and unlawful. Mr Justice Richard Humphreys granted permission to bring the action, with the matter returnable later that week.
Michael Lowry, 60, former TD and minister, is set to stand trial on March 20, 2017, for alleged tax offences. He faces charges of knowingly filing incorrect tax returns in 2003 and 2007. Lowry had previously lost a High Court application to dismiss the case. He was first heard in Thurles District Court in 2014, charged with three counts for October 31, 2003, and one count for August 3, 2007. Judge Elizabeth MacGrath sent him to Nenagh Circuit Criminal Court, but the case was later transferred to Dublin on the DPP's application.
The Gill family, owners of the book publisher Gill, resolved a High Court dispute with Gulland Property Finance Ltd over a €3.3 million loan that the lender claimed was due. The family had secured a temporary injunction preventing Gulland from appointing a receiver on the property, worth about €4 million, which had been used as security for the loan. The injunction, granted by Justice Paul Gilligan, barred Gulland from enforcing the loan or appointing a receiver following a February demand for repayment. In court, the partnership confirmed that the loan had not expired and would not be due until 2020, as per agreements made after the loan was transferred from Anglo Irish Bank to IBRC and then sold to Gulland in February 2015. The partnership also stated it had been making monthly interest payments and annual capital repayments of €137,000, and that it was fully solvent. The matter was declared resolved by the court.
In a High Court judicial review, eight of the 33 indecent assault charges against retired consultant surgeon Dr Michael Shine (83) were dropped. The charges, originally filed at Dublin Circuit Criminal Court, span from 1964 to 1990 and involve 22 alleged victims. Prosecutor Kathleen Noctor BL informed Judge Melanie Greally that the Director of Public Prosecutions was withdrawing these eight counts, with the intention to re‑enter them later. Dr Shine remains scheduled to stand trial next year on the remaining 25 charges. The court discharged him from the indictment for the eight counts as counsel indicated.
In May 1916, Dublin solicitor William Corrigan was tried in a makeshift Richmond Barracks courtroom for his role in the Easter Rising. He had been a lieutenant in the Irish Volunteers and was wounded before surrendering. Barrister William Wylie, a young king's counsel, was the prosecutor. Wylie, who had previously worked with Corrigan, attempted to help the rebels and even examined Corrigan in his defence. Corrigan was sentenced to death, but the sentence was commuted to five years' penal servitude. He was sent to an English prison, later returned to Ireland in 1919. The two lawyers later met again in 1920, each representing opposing sides in a brief meeting that marked a first step toward the truce. Wylie later served on the High Court, while Corrigan became solicitor to the attorney general. The article appeared in the Irish Times.
A group representing nearly 200 landowners in counties Cavan, Monaghan and Meath has initiated High Court judicial review proceedings challenging An Bord Pleanála's decision to hold an oral hearing on EirGrid's North-South electricity interconnector application. The North East Pylon Pressure Campaign Ltd opposes the proposed construction of 300 pylons as part of the project. The challenge centres on alleged deficiencies in the application's Environmental Impact and Natura Impact Statements, and contends EirGrid may not be the legitimate applicant. The oral hearing, underway in Carrickmacross, is expected to continue for twelve weeks. An Bord Pleanála and EirGrid oppose the judicial review, arguing the challenge was not brought within the required eight-week timeframe and that challenging the hearing's validity is premature pending a decision on the substantive application. The High Court previously dismissed the group's application for a temporary injunction. The hearing resumed in late March before Mr Justice Richard Humphrey.
Two former executives of Quinn Insurance Limited, Liam McCaffrey and Kevin Lunny, have initiated High Court proceedings to prevent the Central Bank from conducting an inquiry into alleged regulatory breaches by former management of the company, which was placed into administration in 2010. The judicial review proceedings, brought against the Central Bank, Ireland, and the Attorney General, argue that the inquiry breaches constitutional rights, including the right to a fair process and the right to a trial under Article 38 of the Constitution. The claimants seek an injunction to halt the inquiry until a constitutional challenge, under Part III C of the 1942 Central Bank Act, is resolved. The inquiry, scheduled to begin in April, is alleged to encroach on judicial powers reserved for the courts and to be unconstitutional. Permission for the judicial review was granted on an ex-parte basis by Mr Justice Richard Humphreys, with the matter to be returned to court later this week. In 2013, the Central Bank fined Quinn Insurance €5m for failing to maintain adequate solvency margins and having insufficient internal controls between October 2005 and March 2010, though the fine was waived due to the firm's administration. The inquiry follows an investigation that found reasonable grounds to suspect that certain former Quinn Insurance managers may have participated in a suspected contravention of EU non-life insurance regulations.
In March 2016, Mrs. Rosarii Molloy Curran settled a High Court medical negligence claim against Dr. Colm Quigley and the HSE for €60,000. The claim arose from her husband John Curran's death from lung cancer in April 2011. Mrs. Curran alleged that between August 2009 and his death, Dr. Quigley failed to diagnose, investigate, or follow up on lung cancer despite Mr. Curran's smoking history and repeated requests for further tests. He was misdiagnosed with low sodium, Raynaud's phenomenon, and other conditions, and no bronchoscopy or other investigations were arranged. The court approved the settlement, and Dr. Quigley apologized. The case highlighted alleged deficiencies in patient management and prompted calls for improved testing protocols. The settlement was accepted by the Curran family, who hoped it would lead to safer procedures for future patients.
In March 2016 RTESA, the pension fund for certain RTE employees, filed a lawsuit in the High Court against Advance Fund Management Ltd and BNY Mellon Trust Company Ltd. The claim seeks to redeem RTESA's more than €19 million investment in the Davy Property Fund, a sub‑fund of the Davy Property Trust. RTESA alleges the defendants wrongfully withheld full repayment, established a new sub‑fund to gain control for the J&E Davy Group, and withheld trust documents. The court case was admitted to the big business division and the parties agreed to fast‑track commercial proceedings. RTESA requests orders for full redemption by 30 June 2016, damages for fees charged since November 2014, and declarations that the defendants breached trust, contract and statutory duties, and that Advance Fund Management created a conflict of interest and acted for its own benefit.
A hearing has been scheduled for Simeon Cosmo Langford, 32, who is wanted in England for attempted murder, grievous bodily harm, theft and assault, and for allegedly breaching the conditions of his release from a prison sentence for grievous bodily harm. The European Arrest Warrant, issued in August 2015, states that Langford was released on licence on 6 May 2015 and is alleged to have committed the offences between 2 and 11 June 2015. He is believed to have fled to Ireland on 13 June 2015 using a passport under the name Luke Gillespie. Gardaí arrested him in Cork in August 2015 and he was brought before the High Court. In that proceeding, Langford denied the extradition request. In the most recent hearing, counsel Ronan Munro BL sought discovery of documents relating to Langford's prison security status, but the court refused. Justice Aileen Donnelly noted that Langford had only provided a general statement about prison conditions.
In a High Court hearing, the Minister for Justice was found to have acted lawfully and considered all relevant factors before issuing a deportation order against an unnamed man alleged to have ties with Islamic terrorists. The man, who has lived in Ireland since 2000 and has an Irish‑citizen child, challenged the order, claiming he would be tortured if returned to Jordan. He denied the state's allegations of consulting extremist leaders, recruiting for ISIL, and arranging travel for the group. The court noted inconsistencies in his asylum applications, including a 2000 application that omitted any mention of torture. Counsel argued that the possibility of ill treatment in Jordan was insufficient to prevent deportation, and that no evidence showed the man was known to Jordanian authorities. The case was scheduled to continue next week.
The High Court heard that a man, whose identity is withheld for legal reasons, was detained in Jordan for almost three months without charge. He denies the State's allegations that he consulted with senior extremist leaders, arranged travel for, or recruited members for ISIL, and that he poses a national‑security threat. He has brought several proceedings, including a challenge to the Minister for Justice and Equality's decision to deport him to Jordan. The court heard that his son was detained in Jordan's General Detention Centre after disappearing while planning to travel to Turkey for study; the son was later released. The man also cited the detention of a relative who fought the Assad regime and was interrogated by Jordanian authorities. He fears torture if deported, citing past torture in Jordan that caused health problems.
High Court proceedings opened on Tuesday before Mr Justice Richard Humphreys, challenging a decision to deport an unnamed man to Jordan. The accused, who has lived in Ireland since 2000, denies State allegations that he consulted with senior Islamic State leaders, recruited members, or poses a national security threat. He seeks an order compelling the Minister for Justice to process his asylum application and to set aside the deportation order. Counsel for the man argued that the Minister failed to consider his health and evidence of past torture, and that he is entitled to apply for refugee status under the 1996 Refugee Act without prior Ministerial consent. The State, represented by Remy Farrell SC and Conor Power SC, opposed the application, alleging abuse of process. The matter is at the appeal stage following a previous High Court decision in December 2023 that set aside a temporary injunction preventing deportation, citing national security risks. That decision was appealed to the Court of Appeal, where proceedings were suspended after the European Court of Human Rights intervened, requesting the State not deport the man until legal challenges conclude. The State agreed to this request. The current High Court hearing is expected to last two days.
Michael Murray, aged 44, was jailed for 15 years in 2013 for rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats, false imprisonment and theft. He had brought an unsuccessful High Court action against the Irish Prison Service and the Minister for Justice, seeking injunctions to stop the interception of his calls, declarations and damages. The court dismissed the application, ruling that the recording of his telephone calls was inappropriate but that the calls had not been accessed and were made inadvertently. Murray's legal team, led by Colman Fitzgerald SC, appealed the decision to the Court of Appeal. The appeal will be heard by a three‑judge panel, with a judgment expected on Friday, March 4. The case concerns the recording of prison phone calls and the alleged infringement of Murray's rights. The court found no ongoing or threatened infringement and awarded costs against Murray. Michael Murray was found guilty. Prison Service was found guilty.
Superintendent David Taylor, former head of the Garda Press Office, has filed a High Court challenge to stop an investigation into alleged breaches of the Garda Siochana Act and the Data Protection Act over the leaking of sensitive information about a childcare matter in South County Dublin on 21 October 2013. Taylor claims that evidence in the case has been tampered with and that the investigation has been conducted in a way that interferes with the integrity of the evidence and the administration of justice. He seeks injunctions to halt further steps by the Garda Commissioner and the Director of Public Prosecutions until a report is provided that addresses his concerns about the conduct of the investigation. The application was adjourned for two weeks, and Taylor's counsel highlighted alleged phone calls, arrests, and the use of phones that may have compromised evidence. The court will consider whether the investigation should be prohibited due to the alleged interference with evidence.
In February 2016 the High Court granted Mr James Richard Hodgins, an isolated farmer in Clonakenny, temporary injunctions against a group of individuals who had threatened and intimidated him over several years. The injunctions barred the defendants and their agents from approaching within 500 metres of Mr Hodgins or his farm, from harassing or intimidating him, and from watching or besetting his property. Mr Hodgins, aged in his early forties, had been approached by the defendants in 2013 with offers of farm work that were often substandard or not carried out. He was later forced to write cheques totalling €102,000, of which €83,000 were cashed, and was threatened with harm if he did not pay an additional €17,000. The court, acting on Mr Desmond Murphy SC's application, issued the orders ex‑parte and made them returnable in two weeks.
Julian Myerscough, 54, a former law lecturer, was found guilty by a jury of 13 counts of possession of indecent images of a child and of breaching a Sexual Offences Prevention Order at Ipswich Crown Court on 30 September 2015. He was convicted in his absence after failing to return to court after lunch, and a warrant was issued. He fled to Ireland, was arrested on 2 October in Dublin under a European Arrest Warrant, and was brought before the High Court. His solicitor, Kieran Kelly, argued that Myerscough had not received a fair trial, citing the unavailability of a key police witness for cross‑examination and alleged procedural errors in the warrant. Justice Aileen Donnelly rejected these arguments, stating the British court had already examined the case, found no injustice, and ordered his surrender to British authorities, remanding him in custody until the order is executed.
Sinead Branagh, CEO of Dublin‑based Zutec Inc Ireland Ltd, has filed a High Court action to stop her removal from the CEO role. She claims the company appointed another person to the position without notice and seeks injunctions to prevent termination, prevent any other appointment except temporarily, and stop the firm from stating she is no longer connected. The court granted her lawyers permission to serve short notice of the proceedings. Branagh, a 5% shareholder and former COO since May 2015, has worked for the company in various roles worldwide. She was detained in the UAE in 2015, returned to Ireland, and has been on sick leave. After learning of the new appointment, she wrote to the company demanding assurances that she would remain CEO and that the appointment was temporary. The company has not replied, only asking for more time. Branagh's counsel argues the alleged removal violates natural justice.
In a High Court hearing, Blake O'Donnell described Bank of Ireland (BOI) claims regarding the sale of Columbus Courtyard in London's Canary Wharf as "scurrilous." BOI sought orders to prevent O'Donnell, his family, and three British Virgin Island-registered companies from dissipating an estimated £6m in expected sale proceeds. O'Donnell stated he was "caught on the hop" by the application and lacked access to key legal documents, noting he must now litigate in Ireland, the UK, and the BVI. He requested a six-week adjournment to prepare a sworn statement. His father, Brian O'Donnell, told Mr Justice Hedigan that BOI had no interest in the property. Counsel for BOI, Stephen Dowling BL, argued the proposed delay was excessive and maintained the bank's concern over asset dissipation. Mr Justice Hedigan, aiming to preserve the status quo in this complex matter, granted the six-week adjournment for O'Donnell to respond. However, the judge scheduled a hearing for Wednesday to consider BOI's application to extend the injunction pending the full dispute. This hearing will proceed unless the parties agree to convert previous undertakings regarding BVI interests into formal court orders, a step BOI seeks because it considers the current undertakings insufficient.
In a High Court hearing in Dublin, Raymond O'Neill, 37, was remanded in custody pending an extradition case to the PSNI concerning the murder of Jennifer Dornan. O'Neill faces charges of murder and arson for the stabbing and burning of Dornan's house in Hazel View, west Belfast, last August. The court adjourned the case to next month, requiring O'Neill's lawyers to file objections by March 7th, with the case to be reconsidered on March 14th.
In February 2016 the Reinstate 48 Initiative, led by Stephen Mulcahy, filed a High Court action against Dublin City Council (DCC) after the council removed posters that promoted the group's campaign to restore Article 48 of the Irish Free State Constitution. The initiative seeks to re‑introduce a clause that would allow a constitutional referendum to be triggered by 50,000 voter signatures, a mechanism that existed in the 1922 constitution but was removed in 1929. The group has spent about €30,000 on six posters and a social media campaign, and claims it is entitled to display them during the election campaign. Mulcahy's lawyers requested declarations that the posters are lawful, that their removal was unlawful, and that the removal breaches the Irish Constitution and the European Convention on Human Rights. They also sought an injunction to prevent further removal of the posters.
Michael Gill and his family, who own the publishing company Gill, secured a temporary High Court injunction against Gulland Property Finance Ltd. The injunction stops Gulland from taking enforcement action or appointing a receiver over a building in Park West, Gallanstown, Co Dublin, which is worth about €4 million and was used as security for a loan. Gulland had demanded €3.3 million from the partnership, claiming the loan had expired. The partnership argues the loan was originally due in 2005, was extended to 2020, and they have been paying interest and annual capital repayments of €137,000. The injunction was granted ex‑parte by Mr Justice Paul Gilligan and is returnable later that week. The case involves the partnership's status as both landlord and beneficiary of the publishing company.
Siobhan Hatton, a woman in her 30s from Wicklow, is wanted in the United States over an alleged multi‑million euro steroid enterprise. She appeared briefly at the High Court on 17 February 2016, where her lawyer, Mr Sean Guerin BL, informed Justice Aileen Donnelly that the required psychological report had not been completed. The psychologist had not met with Ms Hatton enough times, causing a delay. Justice Donnelly suggested hiring a new psychologist, but Mr Guerin preferred to continue with the current expert. The court remanded Ms Hatton until 12 April, setting aside two days for the extradition hearing.
At the High Court on 12 February 2016, Ms Justice Miriam O'Regan dismissed the mother's attempt to have her infant child returned to her. The mother, represented by Bernice McKeever BL, had sought an Article 40 inquiry into the legality of the orders that placed the baby in the care of the Child and Family Agency (CFA). She argued that the child had been unlawfully and unconstitutionally removed from the family home by the Gardai when the infant was only a few days old. The CFA, represented by Paul Anthony McDermott SC, counter‑argued that the child had been lawfully taken into care following orders from the District Court and that an Article 40 inquiry was inappropriate. The court found that the child remained in CFA care under the District Court orders and that the mother's claims of unlawful detention were rejected.
Brian Stokes, a businessman from Inchanappa House, Ashford, Co Wicklow, applied to the High Court for permission to sue the National Assets Management Agency (NAMA) and its subsidiary, the National Asset Loan Management Agency (NALM), as well as the receiver appointed over his lands, Ms Siobhan O'Dwyer. The court, on an ex‑parte basis, granted the application and set a later date for the hearing. Stokes seeks declarations that the receiver's appointment is void, that the February 2007 mortgage between NAMA and AIB is void, and that the lands are not a bank asset under the 2009 NAMA Act. He also requests an injunction to prevent the receiver from selling the property. Stokes argues that the security attached to the Building Licence Agreement, which was intended to secure development obligations, has failed, and that no valid security exists over the lands in question. The case is set to proceed in the High Court.
In February 2016, Mr Justice Seamus Noonan dismissed Private Christopher Maher's High Court challenge to prevent his discharge from the Permanent Defence Forces. Maher, a Tipperary soldier stationed in Kilkenny, had tested positive for cocaine in a compulsory random drug test in March 2013, with urine samples showing 150ng/ml and 179ng/ml of benzoylecgonine, the substance indicating cocaine use. Maher denied ever taking the drug, claiming accidental ingestion at a party the night before the test. He argued that the positive result could have arisen from passive exposure to crack cocaine smoke and that the testing process was flawed. He also submitted a medical report and offered voluntary targeted testing to prove he was not a habitual user. The court found his explanations uncredible, upheld the disciplinary breach, and confirmed the decision to discharge him, while allowing a stay pending appeal to the Court of Appeal.
Dunne J dismissed an appeal by applicant Dismissing Sweetman regarding planning permission for a gas terminal in County Mayo. The case concerned Shell's compliance with Condition 37, which required security for land reinstatement. In 2005, Sweetman sought injunctions under section 160 of the Planning and Development Act 2000. Smyth J previously held that Shell had substantially complied with the condition. Sweetman appealed to the Supreme Court in 2006 but did not actively pursue the matter until 2014, when it appeared on the uncertified list. By the time of the hearing, Shell had completed the terminal and commenced production. Sweetman did not seek to shut down the plant but wanted a determination that Condition 37 was not complied with. Dunne J noted that Sweetman effectively had to be forced to proceed with the litigation. She stated that the delay decreased his likelihood of success, as the court's power under section 160 is discretionary. The judge considered the impact on Shell, which had invested significantly, and on employees. Dunne J found that there was no live dispute between the parties because the Council had agreed to Shell's security arrangement. Consequently, the appeal was dismissed as moot. The court emphasized that it is unacceptable to conduct litigation in this manner, particularly when seeking injunctive relief after significant delays.
A 48‑year‑old former defence forces sergeant, Michael Tobin, has filed a High Court challenge to overturn a decision by the Private Security Authority to revoke his licence to work as a doorman. Tobin, who has worked as a doorman in Kilkenny and Clonmel and was employed at Matt the Millers Public House on New Year's Eve, was informed on 13 January that his licence had been revoked. He argues the revocation was fundamentally flawed, citing a lack of notification, no reasons given, and no opportunity to be heard. He seeks an order quashing the revocation, a declaration that the decision contravened natural justice and the Irish Constitution and the European Convention on Human Rights, and that provisions of the 2004 Private Security Services Act are incompatible with those instruments. The Irish Human Rights and Equality Commission is a notice party. The judge granted permission ex‑parte and set a later date for the case to be heard.
A jury awarded €132,000 in damages to Catherine Houlihan, a 41‑year‑old wheelchair‑bound woman from Carrick on Suir, after finding that two Gardaí trespassed into her home on 2 August 2011 and falsely imprisoned her while questioning her about a missing iPhone. The Gardaí entered her house without a search warrant, searched her handbag and wheelchair without permission, and threatened to take her to Clonmel Garda Station if she did not admit to taking the phone. Houlihan denied taking the phone, which she claimed was stolen from a fast‑food restaurant earlier that day. The High Court judge, Mr Justice Colm MacEochaidh, heard the case over three days and, after deliberation, the jury concluded that her privacy had been breached, that she had been falsely imprisoned and that the Gardaí had trespassed without lawful authority. The jury awarded her €132,000 in damages, a decision that was stayed pending appeal.
In a High Court hearing on 4 February 2016, the legal team of a 34‑year‑old Irish man argued that he should not be extradited to Britain to face two historic child‑abuse charges. The man, who cannot be named, is alleged to have sexually assaulted a six‑year‑old girl between January and June 1994, when he was 13. His solicitor, Mr Patrick McGrath SC, said the man lives in Dublin, has five children and is actively involved in their lives, and that the 20‑year delay in issuing an arrest warrant breached his client's rights. McGrath also contended that the evidence supplied by British authorities would not be sufficient to bring the case to trial in Ireland, and that extradition without a clear case would be unfair.
Michael Murray, 44, formerly of Killiney, Dublin, is appealing an unsuccessful High Court action against the Irish Prison Service and the Minister for Justice regarding the recording of his privileged solicitor calls. Murray was found guilty by a unanimous jury in 2013 and sentenced to 15 years for rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats to kill, false imprisonment, and theft. In the High Court, Mr Justice Seamus Noonan dismissed Murray's application for injunctions and damages, finding the recording inappropriate but inadvertent, with no evidence of access or prejudice. The Court of Appeal heard today that Murray is now legally represented and appealing that dismissal, with the hearing listed for March 1. Concurrently, the Director of Public Prosecutions is seeking a review of Murray's 15-year sentence as unduly lenient. Mr Justice Edwards adjourned both the appeal and the DPP's sentence review proceedings to March 4 to allow for progress indications. The matter remains at the appeal stage and has not been finalised.
In a High Court ruling on 29 January 2016, Mr Justice Paul Gilligan referred serious complaints about the removal of a bank‑appointed receiver from McElhinneys of Athboy to the Garda Commissioner. Barry Forrest, the receiver appointed by the Bank of Ireland, claimed he entered the store peacefully on 16 January 2014 under a court order, but was violently intimidated and forced out by a mob of up to 40 people he said had been called by general manager Neal Sweeney. Sweeney and businessman Dr Michael Grimes disputed this, asserting that the premises were taken by force by a gang of "thugs, goons and gangsters" and that Dr Grimes's company was in possession of the store. The judge denied Dr Grimes's claim of possession, refused to join him to the proceedings, and dismissed his application to restrain Forrest and the bank. The court had previously granted the receiver possession of the premises and ordered all parties to vacate.
The Irish Times has apologised to Consultant Psychiatrist Professor Patricia Casey before the High Court regarding defamatory comments posted on its website. Prof Casey, the applicant in this matter, brought defamation proceedings over remarks made by anonymous members of the public in July 2013. These comments appeared beneath articles written by columnist Breda O'Brien and psychiatrist Prof. Brendan Kelly concerning the Protection of Life during Pregnancy Bill. The High Court heard that the action had been resolved between the parties. As part of the settlement, an apology was read to the court by Cian Ferriter SC on behalf of the newspaper. The apology acknowledged that two anonymous users had stated Prof Casey was an unprofessional psychiatrist unfit to treat suicidal pregnant women and that she misrepresented research to promote a Catholic agenda. The Irish Times accepted these comments were untrue and recognised Prof Casey's integrity and professionalism. No other details of the settlement were revealed in open court. Following the apology, Prof Casey stated she was pleased with the outcome and expressed hope that the case would encourage online publications to reconsider the comments they allow. She thanked her legal team, including solicitor Kevin Brophy. The matter was resolved by settlement and apology rather than a judicial finding of liability.
A woman who says she was forced to work in Magdalene laundries for ten years has taken legal action against the Minister for Justice for excluding her from the government's redress scheme for victims of those institutions. She claims she was used as "forced labour" at St Mary's laundry in Waterford and St Mary's Refuge Magdalene Laundry in Dublin from age eight to 18, during the 1970s and early 1980s, and was not paid. She applied to the scheme set up in 2013 to compensate survivors, but her application was rejected because she was admitted to two industrial schools rather than the laundries themselves. In the High Court, she seeks orders to quash the Minister's refusal and to admit her to the Ex-Gratia Scheme for Women who were admitted to and worked at the laundries. The case was granted permission on an ex‑parte basis and is set for a hearing in March.