An application by Brian O'Donnell and his wife Mary Patricia to annul their bankruptcy, adjudicated in 2013 and confirmed by the Supreme Court, is scheduled for Thursday, March 26th. The couple argues the loans were provided by Bank of Ireland Private Banking, an entity they claim lacks a banking licence, rendering the transactions illegal. Bank of Ireland opposes the application, arguing the matter was fully resolved in previous High and Supreme Court proceedings. Ms Justice Caroline Costello directed that Dr Mary Patricia O'Donnell attend the hearing. Additionally, applications brought by the O'Donnell children, including a motion to set aside a search warrant for their Gorse Hill property, are also due before the court on Thursday. The Official Assignee, Chris Lehane, has applied for leave to cross-examine the children. Separately, the O'Donnells are due before the Court of Appeal on Tuesday regarding an appeal against a finding that they are trespassing at Gorse Hill, a decision made by Mr Justice Brian McGovern. The receiver, Tom Kavanagh, seeks to sell the property to satisfy part of the debt. In related proceedings, Mr Justice Brian Cregan adjourned the receiver's claim for damages against the four children for lost rent, estimated at €12,500, to April 27th. Commercial Court proceedings involving the O'Donnells were also adjourned to the same date.
In March 2015, Daniel McDonnell, a convicted murderer serving a life sentence for the 2012 killing of 16‑year‑old Melanie McCarthy McNamara, obtained High Court injunctions from Mr Justice Brian Cregan. The judge found that McDonnell's solitary confinement for a year breached his constitutional right to bodily and psychological integrity. The injunctions require Wheatfield Prison to grant McDonnell two hours daily of social interaction with other prisoners for five days a week, three hours daily out of his cell for five days a week, and two family visits per week of about an hour each. McDonnell's lawyers argued that his situation had not improved since the initial judgment, while the prison governor opposed the orders and appealed the decision. The court emphasised that the injunctions were a proportionate remedy to protect McDonnell's rights without interfering with prison management. The injunctions remain in force for the foreseeable future.
Wicklow County Council has asked the High Court to order the demolition of a wooden chalet at Tinode, Blessington, which the council says was built without planning permission on land owned by Gregory and Gillian Kinsella. The chalet sits on a site that already had an old cottage and is located on the busy N‑81 road. The council seeks orders under Section 160 of the 2000 Planning and Development Act to remove the concrete base and timber structure. The Kinsellas argue they had a right to build the chalet as a replacement for the earlier cottage and that they would use only one dwelling on the site. The council cites a prior warning letter and a refusal of a retention application, and argues the chalet poses a traffic hazard. The case is pending, with the judge reserving his decision until after Easter.
Two convicted murderers, Anthony Craig (66) and Michael Anthony Balmer (62), are appealing a High Court order requiring their extradition to serve life sentences in the UK. Both men had previously served the punitive parts of their sentences and were subject to continued detention due to the risk they posed to the public. Craig, with an address in Rathcoole, South Dublin, was convicted and jailed for life for the murder of a man in a park in Blackburn on November 3, 1973. He escaped from prison after serving 28 years and was arrested in Ireland in 2013. Balmer, with a last address in Cornwall, England, was sentenced to life imprisonment in 1984 for the murder of a woman in Devon on July 28, 1983. He came to Ireland in 2012 following his conditional release on license, which was later revoked. The appeal is based on the argument that their extradition would result in immediate preventative detention, which is contrary to Irish law and the Irish Constitution. The Court of Appeal has reserved judgment and will deliver its decision on May 21. The matter remains under appeal and has not been finalised.
Michael 'Fein' McCarthy, 24, of Weavers Court Clondalkin, Dublin, appeared before the High Court in Dublin after being arrested by the Garda Extradition Unit on an European Arrest Warrant (EAW) issued by UK authorities. The EAW, endorsed by the High Court, alleges that McCarthy was sentenced to three years in September 2013 at Nottingham Crown Court for wounding his partner, a claim he admitted. The EAW states that on 28 May 2013 he attacked and injured his partner with a knife and part of a vacuum cleaner after she accused him of flirting with another woman. It further alleges that on 18 June 2014 he absconded from Sudbury open prison in Derbyshire, England, where he was serving his sentence, and that he subsequently returned to Ireland. During the hearing, McCarthy, who was represented by counsel, did not speak. After confirming that he had been informed of his rights, Ms Justice Isobel Kennedy remanded him in custody.
Anthony Craig, 66, and Michael Anthony Balmer, 62, both convicted of murder and sentenced to life imprisonment in the UK, have appealed High Court orders that would have had them extradited to the UK to serve the remainder of their sentences. Craig was convicted in 1973 for a murder in Blackburn, served 28 years, escaped to Ireland, and was arrested in 2013 on an extradition warrant. Balmer was convicted in 1984 for a murder in Devon, released on license in 2011, had his license revoked in 2012, and was arrested in Cork. The appeals argue that extradition would subject them to preventative detention under English law, which they claim violates Irish constitutional principles and Article 40.4.2. The cases remain before the Court of Appeal, with counsel for both men presenting their arguments and the Director of Public Prosecutions yet to reply.
In a High Court hearing on 16 March 2015, Anglo Beef Processors Ireland (Silvercrest Foods) sued Polish company Food Service SP.z.o.o. for damages over two beef consignments allegedly contaminated with horse meat, delivered on 5 December 2012 and 7 January 2013. The claim was based on breach of contract. Food Service denied the allegations, arguing the consignments were transported by a third‑party company and that the product placed on the lorry in Poland was not what arrived in Ireland, suggesting substitution by unknown persons. ABP sought documents on security measures throughout the production and delivery chain, and on any frozen beef consignments sold between July 2012 and June 2013 that contained horse meat. Food Service opposed the request, claiming it could not provide transport‑company documents and that other consignments were irrelevant.
In March 2015, a High Court judge was set to decide whether to grant an injunction to Daniel McDonnell, a convicted murderer of 16‑year‑old Melanie McCarthy McNamara, who had been in solitary confinement at Wheatfield Prison for 11 months. The judge had previously found that McDonnell's solitary confinement breached his constitutional rights to bodily and psychological integrity. McDonnell's lawyers argued that nothing had changed since that ruling and sought an injunction to stop the governor from further breaching his rights, claiming he was kept in solitary for his own protection and that his physical and mental health had suffered. They requested at least two to three hours of daily social interaction and access to the gym or yard with non‑threatening prisoners. The governor's counsel opposed the injunction, arguing that McDonnell's isolation was necessary for his safety and that the court could not micromanage prison operations.
A Court of Appeal judgment delivered on 10 March 2015 addressed the constitutionality of section 2(2) of the Misuse of Drugs Act 1977, which empowers the Government to declare substances as controlled drugs by order. The appellant, Stanislav Bederev, had been charged with drug offences relating to methylethcathinone at Blanchardstown District Court in April 2012. The substance was subsequently classified as a controlled drug via Government order in 2011, though it had previously been legally available for purchase. The High Court had rejected Bederev's challenge to the constitutionality of section 2(2) on grounds that it allegedly violated Article 15.2.1 of the Constitution concerning the exclusive legislative power of the Oireachtas. The case was transferred from the Supreme Court to the Court of Appeal following its establishment. District Court proceedings remained adjourned pending the appeal outcome.
Michael Batty, a water‑meter protester, had been committed to prison for contempt of court in November 2014. He apologised for breaching a court order that barred him from coming within 20 metres of installation works and gave a solemn undertaking to obey the order. Judge Paul Gilligan suspended Batty's 28‑day sentence for six months. The High Court had released his clients on a habeas corpus application. Solicitor Cahir O'Higgins, representing the protest group, noted that the release was a technical victory and that the clients respected the process. The protest group, led by Damien O'Neill and supported by Bernie Hughes, said they would continue to oppose water‑meter installation and that the campaign would move forward. No criticism of the High Court judge was made. The order remains in force.
Liudas Vaisvilas, a 51-year-old Lithuanian former Russian Special Forces soldier, pleaded guilty at Dublin Circuit Criminal Court to sexual assault at Terminal 2 in Dublin Airport on April 10, 2014. Judge Patrick McCartan suspended a three-year sentence on the condition that Vaisvilas keeps the peace for that duration and obeys any instructions from Probation Services. The judge had previously remanded Vaisvilas in custody for a full psychiatric assessment, expressing concern that his mental state could lead to further offending. The assessment concluded he was in a temporary state of mind due to extreme tiredness and recent bereavements. Judge McCartan noted Vaisvilas is at low risk of reoffending and is remorseful. Vaisvilas has been in custody since the offence because he could not pay the €1,500 High Court bail. He was previously sentenced to a six-month suspended sentence for a second sexual assault at Eddie Rocket's Diner. Defending counsel Dominic McGinn SC stated Vaisvilas had not slept for five or six days, had consumed vodka, and was experiencing flashbacks to his military service. Vaisvilas has lived in Ireland for nine years and worked in Letterkenny.
The High Court heard further submissions in the extradition proceedings against Ali Charaf Damache, an Algerian-born Irish citizen wanted in the United States for conspiracy to provide material support to terrorists and attempted identity theft. Counsel for the Attorney General stated that 324 inmates in the US prison system have convictions for Islamic-type terrorism offences, with 10 per cent held in the ADX Supermax Prison. Damache's legal team argued that he could also be sent to other facilities with Communication Management Units. The court noted that if convicted in the US, Damache faces up to 45 years in jail. The High Court previously heard allegations that Damache conspired with Colleen LaRose, who was jailed for ten years in 2014 after admitting involvement in a plot to murder Swedish cartoonist Lars Vilks, and Jamie Paulin Ramirez, who was sentenced to eight years in the US after pleading guilty to providing material support to terrorists. In Ireland, Damache was arrested in March 2013 minutes after pleading guilty to sending a menacing phone call to US Muslim activist Majed Moughni in January 2010, for which he was sentenced to three years. Ms Justice Aileen Donnelly remanded Damache in custody until April 21, noting that a judgment was not anticipated by that date.
A 45‑year‑old British man surrendered to UK authorities after an extradition warrant issued in October 2014. He faces 24 offences of sexual exploitation and child pornography, alleged to have occurred in a family home in Limerick. Irish courts accepted the European Arrest Warrant and confirmed the man's voluntary surrender. The judge noted the man had acknowledged the nature of the alleged offences and had been given legal advice. One alleged offence, voyeurism involving a 14‑year‑old girl filmed naked in a shower, was excluded because it does not correspond to Irish law. The judge ordered the man's surrender to the UK for the remaining offences and allowed a maximum 20‑day detention in prison pending the execution of the surrender order. The case remains at the extradition stage.
Meath Community Rural and Social Development Partnership Ltd, an applicant operating under the European Union's Rural Development Programme, brought a High Court challenge against the Minister for Environment Community and Local Government. The partnership seeks to quash findings in a Ministerial report alleging that €535,173 in payments to various projects were irregular and ineligible for funding. Counsel for the applicant, Niamh Hyland SC, argued that the report is unreasonable and irrational, noting that it failed to consider the partnership's submissions and included new allegations without affording the opportunity to address them. The partnership rejects any allegations of wrongdoing and seeks declarations that the findings are invalid, breach natural justice, and lack proper reasoning. It also requested an injunction restraining the Minister from publishing the report. At the hearing, Mr Justice Seamus Noonan granted permission to bring the action on an ex-parte basis. The judge ordered the matter to be returnable in two weeks and imposed a stay on the publication of the report until the case returns before the court. The procedural stage was a hearing where the judge made a decision on the application for permission and interim relief.
The Prison Governor is appealing a High Court judgement that the detention of a convicted murderer in solitary confinement for nearly a year breached the prisoner's rights. The case is currently at the appeal stage. The Governor, represented by Mr Seamus Woulfe SC, argued that the prisoner, Daniel McDonnell, who is serving a life sentence for the murder of teenager Melanie McCarthy McNamara, was kept in solitary confinement for his own safety. However, McDonnell's lawyers contended that the 23-hour lock-up regime was disproportionate and violated his rights. The court previously quashed the regulation keeping McDonnell in solitary confinement and made several declarations, including that the prisoner's rights to bodily and psychological integrity were breached. The matter was adjourned for a week following the judge granting permission to bring fresh proceedings, including an inquiry under Article 40 of the Constitution into the legality of McDonnell's detention. The judge also placed a stay on his orders until Tuesday of next week. The judge found that the confinement in solitary was unlawful and neither necessary nor proportional to the perceived threat to McDonnell's person. McDonnell, who was found guilty in January 2014 of murdering Ms McCarthy McNamara, claimed he was denied access to structured activities within the prison and was finding it difficult to cope, with his health suffering.
Adam Busby, aged 65 and confined to a wheelchair due to multiple sclerosis, was extradited from Ireland to the United Kingdom after a European Arrest Warrant was issued in July 2012. The extradition followed a High Court order in 2013 and a Supreme Court decision in December 2014 that cleared the way for his surrender, though a short stay was granted. Busby is wanted on terrorism charges that include hoax bomb and poison threats. Between November 2009 and June 2010 he allegedly telephoned Scottish newspapers and agencies, threatening to contaminate drinking water in major UK towns, to send caustic packages to public figures including former Prime Minister Gordon Brown, and to detonate bombs at the Argyll Arcade, Hilton Hotel, Forth Road Bridge and Erskine Bridge. He claimed to act for the Scottish National Liberation Army, a group founded in 1980 to use intimidation for Scottish independence.
In a High Court case, Declan Moriarty, general manager of the Kilkenny River Court Hotel, claimed he was summarily dismissed on 3 February 2024, alleging breach of the hotel's own procedures. He sought an injunction against Neville Hotels Ltd, trading as the River Court, and William Neville and Sons to prevent his dismissal. Mr Justice Paul Gilligan had previously granted Mr Moriarty permission to serve the proceedings at short notice. The case returned before the court on Wednesday, where Peter Ward SC, representing Mr Moriarty, announced that the entire proceedings had been settled and could be struck out without an order. No settlement details were disclosed. Earlier, the defendants had written that Mr Moriarty's dismissal was lawful, citing a review of his performance and a failure to meet required standards. They also noted that the hotel's takeover by Nevilles last year had increased the workload, which Mr Moriarty had carried out.
A male nurse has obtained permission from a High Court judge to file an action seeking to halt an investigation by An Bord Altranais into allegations of misconduct made against him by a former patient. The allegations stem from an incident at a medical facility where the nurse worked, dating back about eight years, and a formal complaint was lodged in 2009. The nurse, represented by counsel, denies all allegations and argues that significant delays in the investigation have jeopardised his right to a fair hearing, preventing him from obtaining essential documents such as telephone records and details of prior complaints by the same complainant. He claims the delays have also breached his constitutional rights and harmed his health, leading him to undertake not to work as a nurse.
Two Dublin men, Dean Evans (24) and Edward McGrath (33), were charged with the murder of dissident republican Peter Butterly and with firearm offences on 6 March 2013 in the car park of the Huntsman Inn, Gormanston, Co Meath. A 55‑day trial at the Special Criminal Court collapsed after a failure in evidence disclosure. A third man, Sharif Kelly (44), was also charged with the murder but had remained on bail throughout the trial. At a High Court bail hearing, Mr Justice Michael Moriarty granted bail to Evans and McGrath, despite objections from senior Gardaí, citing the need for justice and the presumption of innocence. The retrial of all three men was fixed for the Special Criminal Court in January 2017. The judge set bail conditions including a curfew, daily Garda sign‑ins, provision of mobile phone numbers and keeping devices switched on, and warned that any breach would bring the matter back before him.
In February 2015 the High Court heard a case involving a woman in her forties who had refused food and fluids, hoping to be allowed to die. The Health Services Executive (HSE) had sought orders to force feed and provide fluids, citing doctors' concerns that she could die without nourishment. High Court President Nicholas Kearns granted the HSE orders, including one allowing force feeding and fluid administration. The woman's husband supported the application. During the hearing, counsel for the HSE reported that the woman was making progress, had agreed to fluid administration via a drip, and had rejected PEG feeding tubes. The court considered the woman's capacity to make a decision about ending her life, with conflicting expert testimony: two consultants said she lacked capacity, while a third disagreed. The court had previously issued orders in October, which were now being considered for striking out, with the possibility of re‑entering if needed.
The Garda Commissioner and the State have asked the High Court to dismiss a claim of malicious prosecution brought by Dublin man James Walsh. Walsh alleges that he was the victim of a malicious prosecution arising from his 2007 trial for allegedly threatening to kill and to cause serious harm to journalist Paul Williams. He was acquitted by a jury in 2007. Walsh has sued the Garda Commissioner, Ireland and the Attorney General. The State and Garda argue that Walsh's civil action has suffered from inordinate delay and want of prosecution, and that he failed to advance his case expediently. They note that Walsh's statement of claim was served in October 2009, two years after his acquittal, and that he had not attended court on two occasions, resulting in his notice of trial being struck out.
Daniel McDonnell, who was found guilty by a jury at the Central Criminal Court of murdering Melanie McCarthy McNamara (16) and sentenced to a mandatory life term by Mr Justice Paul Carney, has brought a High Court challenge against his prison conditions. Represented by Bernard Condon SC, McDonnell argues that his 23-hour daily lock-up regime at Wheatfield Prison is disproportionate and violates his constitutional and European Convention on Human Rights. He claims he is denied access to structured activities and adequate exercise, with only one hour outside his cell daily. Opposing counsel, Seamus Woulfe SC, stated that the isolation is necessary for McDonnell's safety due to threats from other prisoners, and proposed allowing him gym access three days a week. Following submissions, Mr Justice Brian Cregan reserved judgment, indicating a decision would be issued early the following week. Separately, Keith Hall, of Kilmartin Drive, Tallaght, was sentenced to 20 years in prison after pleading guilty to Ms McCarthy McNamara's manslaughter, while denying her murder. The court proceedings regarding McDonnell's challenge remain pending, with the matter adjourned for the judge's decision.
A new judge will be assigned to hear the extradition case of Gary Davis, a 26‑year‑old Wicklow man, who is wanted in the United States to face charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering. Davis is alleged to have acted as an administrator on the underground website Silkroad, using the name "Libertas," a site described by U.S. authorities as a "sprawling black market bazaar" where drugs, firearms and counterfeit money were sold. He was first arrested on a warrant issued by the High Court in January and is currently on bail. Counsel for the Attorney General, Ronan Kennedy BL, asked the High Court whether it could assign a new judge to the case, citing little progress.
In February 2015, Francis Lanigan, a 49‑year‑old Dublin resident, applied in the High Court to reduce his bail from €20,000 to €5,000. Lanigan, wanted in Northern Ireland for the 1998 murder of John Knocker, had been in custody since January 2013 after an arrest at a Dublin gym where he worked under the assumed name 'Kieran McCrory'. He had previously been denied bail in February 2013 as a flight risk, but was granted bail on 15 December 2014. His counsel, Dr Michael Forde SC, argued that the €20,000 bail was excessive, citing Lanigan's two‑year detention and the lack of a formal application to reduce the amount. The State's counsel, Tony McGillicuddy BL, maintained that the court's bail decision was final and could not be reopened. Lanigan's application was scheduled for review on 9 February 2015.
A Co Longford car dealer has been fined €25,000 by the High Court for breaching court orders made in favour of the Revenue. Mr Justice Sean Ryan declined to activate a suspended prison sentence against Pauraig Kane, formerly associated with Kane Motors in Granard, but found he had deliberately contravened undertakings previously given to the court, albeit to a limited extent. The judge determined that a monetary penalty was more appropriate than imprisonment given mitigating circumstances. Kane owes the Revenue €5.2 million in unpaid taxes. The case forms part of longstanding disputes between Revenue and businesses operating at the Granard premises. The court was satisfied Kane failed to comply with conditions requiring the sale of properties and clearing of vehicles from the yard, though the judge accepted certain explanations for non-compliance and noted the car business is transitioning away from the location.
In a High Court case on 28 January 2015, REL Cooling Services Ltd, a Dublin‑based company that installs specialised beer and cider cooling systems for pubs, secured temporary injunctions against former employees David McDonald and Niall Rhattigan and their new company, Refrigeration Ecocool Ltd. REL alleges that McDonald and Rhattigan, while employed as regional sales managers, unlawfully used confidential client information to set up a rival business with identical initials. The injunctions, granted ex‑parte by Mr Justice Paul Gilligan, prohibit the defendants from directly or indirectly breaching REL's contracts with employees or customers, and from using REL's client or price information for their own benefit. REL claims the new firm is passing itself off as REL and is harming the company's business. The injunctions are temporary and the matter is set to return to court early next week.
During a trial in Dublin Circuit Criminal Court, Noel Hayes, a 61‑year‑old vegetable wholesaler from Ramsgrange, Co. Wexford, pleaded not guilty to forging the will of Matthew Hayes, a bachelor farmer, alongside his brother William O'Leary, 51, from New Ross. The alleged forging is said to have occurred between December 1998 and January 1999. Noel Hayes claimed that the prosecution witness, Charles O'Leary, was "blinded with anger" against William, describing William as a "tormented man" during the period when their business relationship deteriorated. Charles O'Leary had previously pleaded guilty to forging the same will, receiving an 18‑month suspended sentence and a €30,000 payment to the next of kin. He was also awarded about €3 million in a High Court case against the company he ran with William. Noel Hayes testified that the will was drawn up and signed on 31 August 1998, and that Matthew died on Christmas Day that year.
In a High Court proceeding, world‑renowned musician Sharon Shannon and her manager John Dunford consented to a judgement of €520,057 against them. Permanent TSB had lent the pair €402,000 in November 2006 under an Endowment Residential Business Loan, to be repaid in monthly instalments of just over €1,650 over 20 years. In June 2010 the bank noted two missed repayments, after which the entire balance became due. By 2012 the bank demanded full repayment, claiming the defendants had failed to pay back the principal plus interest. The Master of the High Court, Edmund Honohan, accepted the consent and placed a six‑month stay on execution of the judgement order, which the parties had agreed to. The case remains at the judgement stage.
In a High Court case involving BM Formula Ltd, a company set up to sell baby milk formula to China, two shareholders, Paschal Bergin and Sean Bradshaw, obtained injunctions against fellow shareholders Patrick Flanagan and Frans de Ru. The injunctions barred Flanagan and de Ru from marketing, dealing in, selling, or promoting the company's formula, and from alienating any interest in the firm. Bergin later posted a €1 million bond to cover potential damages. On 27 January 2015, the parties reached an agreement. The court granted a permanent order restraining the respondents from marketing, dealing in, or selling any baby and infant milk formula known as BMP, and ordered the €1 million bond to be paid out. €350,000 was allocated to each defendant for their shares, €50,000 to a third party, and €250,000 to the solicitors. All prior orders were vacated and the proceedings were struck out with liberty to apply.
A High Court challenge has been launched against An Bord Pleanala's decision to allow the redevelopment of Shanakiel Hospital, the site where Michael Collins' body was taken after he was shot in 1922. The challenge was brought by Raymond Duggan of Knockshedan, Shanakiel Cork, who claims that the buildings slated for demolition are protected structures. Duggan alleges that An Bord Pleanala misinterpreted the scope of protected structures and failed to recognize that these buildings form part of the protected structure. The court heard that Duggan's family previously owned the hospital site, which was converted into a hospital in 1908 and treated Irishmen injured in WW1. The development proposal includes the demolition of the former hospital building, stables, and other ancillary structures, as well as the redevelopment of Shanakiel House and the construction of two new dwellings. Duggan seeks an order quashing the planning permission granted by An Bord Pleanala and declarations that the planning authority failed to act in accordance with fair procedures and constitutional justice. The matter was adjourned and is returnable to a date in March.
In a High Court hearing on 22 January 2015, Ktech Security obtained an injunction preventing anti‑eviction activists from approaching within 2 km of Dublin's Citywest Hotel during the Irish Country and Western Music Awards. The activists, including Jerry Beades and Tom Darcy, opposed the order, denying wrongdoing and claiming a constitutional right to protest. Ktech argued that the activists' campaign of threats and intimidation, particularly on social media, harmed its business and reputation. The judge, Justice Paul Gilligan, granted the injunctions, noting that the activists' right to assembly was overridden by Ktech's right to earn a living and its employees' right to work. Additional injunctions were issued to prevent protests at Ktech's offices and employees' homes, and the case was fast‑tracked for a full hearing. Ktech denied allegations of violent or unprofessional conduct.
In a High Court ruling, Justice Mary Faherty held that Ms Randa Murphy's claim against DePuy International Ltd. for alleged injuries from a faulty hip replacement required prior authorisation from the Personal Assessment Injuries Board (PIAB). The judge noted that Murphy's claim centred on the manufacture and supply of the implant, not on medical negligence or a health‑service provision, and therefore fell under the PIAB's jurisdiction. DePuy argued that because it was not a health‑service provider, no authorisation was needed, but the court rejected this. The decision means up to 50 cases lacking PIAB authorisation may be barred. Murphy, from Ennis, had already obtained authorisation in parallel proceedings, and the matter was adjourned for parties to consider the ruling. The ruling may affect other Irish cases involving DePuy's recalled hip‑replacement systems.
Signalman Alan Bennett, a member of the Naval Service stationed at Collins Barracks, brought a High Court action to prevent his discharge after the defence forces downgraded his medical classification in late 2012. Bennett claimed he had fully recovered from knee and wrist injuries sustained while playing football for the forces in 2009 and 2010, and that the downgrade was irrational, unreasonable and disproportionate. He argued the State had failed to consider his actual medical condition. The State maintained that the downgrade should stand. In his judgement, Mr Justice Seamus Noonan quashed the decision to downgrade Bennett's medical status, finding that not all relevant material had been considered and that the decision had effectively ended his career in the defence forces. Bennett had enlisted in 1999, served overseas, and had met the required criteria for re‑engagement before the downgrade.
In a High Court ruling on 20 January 2015, Mr Justice Paul McDermott found that the exclusion order issued by the Minister for Justice to remove Latvian national Deniss Kovalenko from Ireland in June 2013 was fundamentally flawed. Kovalenko, aged 34, had been convicted in 2004 of raping an American student in Galway and sentenced to seven years' imprisonment, after which he was placed on the sex offenders register. He claimed that the Minister failed to provide fair procedures, denying him the opportunity to submit explanations or challenge the use of material from the Irish Prison Service regarding his conduct in custody. The judge also noted that a civil servant involved in the original decision had participated in the appeal process, further breaching fair procedures. Consequently, the exclusion order was quashed, allowing Kovalenko to remain in Ireland.
In an appeal-stage proceeding, Ms Justice Aileen Donnelly sought clarification regarding the case of Ali Charaf Damache, an Algerian-born Irish citizen wanted in the US for conspiracy to provide material support to terrorists and attempted identity theft. The judge requested up-to-date US statistics on how many individuals convicted of similar Islamist terrorism offences are transferred to the ADX Supermax Prison in Florence, Colorado, and their progression through the system. This inquiry follows concerns raised about the prison's conditions, including solitary confinement and barriers to religious observance. The matter was adjourned and placed on the extradition case list for mention on February 3, with Damache remanded in custody until then. The court noted that if convicted in the US, Damache could face up to 45 years in jail. The US alleges he conspired with Colleen LaRose, who pleaded guilty to a plot to murder cartoonist Lars Vilks and was sentenced to ten years, and Jamie Paulin Ramirez, who pleaded guilty to providing material support to terrorists and was sentenced to eight years. Separately, Damache had previously pleaded guilty in Ireland to sending a menacing phone call to US activist Majed Moughni in January 2010, for which he was sentenced to three years.
Brian and Mary O'Shaughnessy, who owned a two‑bedroom farmhouse in Annaholty, Birdhill, Co. Tipperary, had their home demolished on 6 September 2006 without notice during construction of the N7 dual carriageway. The couple, who were renovating the house and had obtained planning permission, claimed the demolition was negligent and filed a High Court damages action against Limerick County Council, the National Roads Authority, RPS Consulting Engineers Ltd, EGIS Route Scetauroute SA, and Midland Fencing Ltd. In January 2015 the O'Shaughnessys settled their action and were "out of the case," though the defendants continue to dispute liability. The settlement terms were confidential. The court remains to decide which defendant is responsible for the demolition. The O'Shaughnessys had purchased the house for IR£34,500 in 1998, had lived there, and had intended to reside there permanently. The demolition left them homeless, unable to meet mortgage repayments, and led to possession orders that are now on hold.
Brian and Mary O'Shaughnessy brought a claim to the High Court after their rented two‑bedroom farmhouse at Annaholty, Birdhill, Co. Tipperary was demolished on 6 September 2006 without notice while the N7 dual carriageway was being built. The couple had purchased the house for IR£34,500 in 1998, lived there, and had begun renovations in 2006, having sought planning permission. They were told in 2003 that their property would not be acquired for the road. The demolition was carried out by Midland Fencing Ltd, a subcontractor of RPS Scetauroute JV, which described the house as derelict and uninhabited. The defendants—Limerick County Council, the National Roads Authority, RPS Consulting Engineers Ltd, EGIS Route Scetauroute SA, and Midland Fencing Ltd—deny negligence. The O'Shaughnessys seek damages for loss of home, loss of mortgage payments, and exemplary damages, having received only two €10,000 payments from the council.
Gemma O'Doherty, a former investigative journalist for Independent Newspapers, settled a High Court defamation case against her former employers. The settlement included an unreserved apology from Independent Newspapers for the stress and hardship caused to O'Doherty and her husband, and undisclosed damages to be paid to her. The case arose after O'Doherty was made redundant in 2013 and had brought proceedings following an investigation she conducted into a penalty points controversy. The High Court, presided over by Justice Nicholas Kearns, was informed that the action had been resolved and could be struck out. Independent Newspapers' counsel read a statement acknowledging O'Doherty's professional conduct and agreeing to indemnify her for legal costs. The terms of the settlement remain confidential. O'Doherty expressed that the apology vindicated her reputation as an investigative reporter.
The extradition case of Eric Eoin Marques, a 28-year-old resident of Mountjoy Square in central Dublin, was adjourned at the pretrial stage. US authorities allege that Marques is the owner and administrator of an anonymous hosting site known as Freedom Hosting, describing him as the "largest facilitator of child porn in the world." He is wanted to face charges relating to conspiring to distribute and advertise child pornography, as well as advertising and distributing such material. Marques has been in custody since his arrest in August 2013, having been refused bail due to concerns he represented a flight risk and might interfere with evidence. During the hearing, his lawyers stated the case is listed for the High Court on May 11 and should not last more than three to four days. Ms Justice Donnelly determined there was no need for Marques to attend a mention date scheduled for February 10. She allowed five weeks for each party to file their first submissions. Consequently, the matter was adjourned, and Marques was remanded in custody until May 11.
In a High Court hearing on 12 January 2015, former billionaire Sean Quinn, aged 67, agreed to pay €20,000 to his creditors from any future earnings he may receive over the next two years after his bankruptcy discharge on 16 January. The court, presided over by Judge Caroline Costello, considered an offer from Quinn to pay €10,000 per year, but the court‑appointed official supervising his bankruptcy, Mr Chris Lehane, sought an order under section 85D of the Bankruptcy Act to direct Quinn to pay a sum from any future earnings. After discussions, Mr Lehane accepted Quinn's offer of €20,000. Quinn was not present at the brief hearing. The order would require Quinn to pay the specified amount from any future earnings to his creditors, while he remains entitled to discharge from bankruptcy.
Francis Lanigan, 49, remains in custody despite a High Court bail order. He is wanted in Northern Ireland for the 1998 murder of John Knocker, who was shot in a hotel car park in Dungannon. Lanigan was arrested in January 2013 on an extradition warrant and has been held for almost two years. He argues that extradition would pose a "significant risk to his life." The court noted that Lanigan had worked under the assumed name Kieran McCrory at a Dublin gym for 15 years, a fact discovered through a covert DNA test on a coffee cup. He was deemed a flight risk and refused bail in February 2013, but secured a fresh bail application on Monday.
The Central Bank secured High Court orders for the transfer of assets and liabilities from Killorglin Credit Union (KCU) to Tralee Credit Union. Ms Justice Iseult O'Malley approved the transfer after counsel explained that it would not affect KCU members or employees and that it was in the public interest. Tralee Credit Union had won the bid to acquire KCU's assets and liabilities. KCU had failed to restore its Regulatory Reserve Ratio to the required 10% and could not secure the funding needed to meet regulatory obligations. The Central Bank had been aware of difficulties at KCU since 2010, citing poor lending and credit control practices. The previous board had resigned, but the current board was not a concern for the Central Bank. The transfer will result in a credit union operating in Killorglin, but not under the KCU name.
Dr David Vickery, a consultant in emergency medicine based in Clonskeagh Dublin 14, has resolved his High Court action against Beacon Hospital Sandyford Limited, which he alleged had unlawfully terminated his contract of employment. The matter was heard before Mr Justice Paul Gilligan at the High Court on Thursday. Counsel for Dr Vickery, Ercus Stewart SC, stated that the matter had been resolved between the parties and the proceedings could be struck out. Marguerite Bolger SC, representing the hospital, read a statement acknowledging Dr Vickery's reputation and stating that the contractual matter had been satisfactorily resolved. Dr Vickery had previously secured temporary injunctions preventing the hospital from terminating his contract or making any announcements regarding his employment. The hospital denied the termination was unlawful. The settlement follows a similar agreement involving Dr Oisin Powell, another emergency consultant, who also secured temporary injunctions against the hospital last week. Both doctors had their hours reduced from 35 to 20 hours per week and claimed the reduction breached their contracts. The hospital had denied any wrongdoing in both cases.
Liudas Vaisvilas, 51, pleaded guilty at Dublin Circuit Criminal Court to sexual assault at Terminal 2 in Dublin Airport on April 10, 2014. The defendant, of Glenveagh Court, Letterkenny, Co Donegal, was remanded in custody for sentencing in February next, pending a full psychiatric assessment and an updated probation report. Judge Patrick McCartan expressed concern that Vaisvilas's mental state could lead to repeat offences. Vaisvilas was previously sentenced to six months' suspended imprisonment for a second sexual assault at Eddie Rocket's Diner on O'Connell Street, which occurred hours after the airport incident. He also has one other conviction for road traffic offences. Defence counsel Dominic McGinn SC stated that Vaisvilas had not slept for several days, had consumed vodka, and was experiencing flashbacks related to his past service in the Russian Special Forces in Siberia. The court heard that Vaisvilas has been in custody since the offence because he was unable to pay the €1,500 required under his High Court bail. Judge McCartan noted that Vaisvilas will receive full credit for the time spent in custody. The matter was adjourned to February for final sentencing.
In a High Court case, Dr Oisin Powell, an emergency medicine consultant who had worked at Beacon Hospital since 2010, secured temporary injunctions preventing the appointment of a replacement and restraining the hospital from announcing his termination or questioning his fitness. He alleged the contract was unlawfully terminated after a dispute over reduced hours. The hospital denied wrongdoing. On Wednesday, Mr Justice David Keane heard that the parties had reached a settlement and the case could be struck out. Marguerite Bolger SC, representing Beacon Hospital, read a statement affirming full confidence in Dr Powell's professional abilities and that the matter was purely contractual, with no question of his clinical competence. No further settlement details were disclosed. The case had previously concerned the impact of the alleged termination on Dr Powell's reputation. The injunctions were obtained after the hospital reduced his hours from 35 to 20 per week, which he contested as a breach of contract.
Adam Busby, a 65-year-old self-styled Scottish separatist, appeared before the High Court in an appeal regarding his extradition to the UK. British authorities seek his surrender on terrorism charges, alleging that between November 2009 and June 2010, he made hoax bomb warnings and poison threats to various Scottish newspapers and agencies. These allegations include threatening to contaminate UK water supplies, sending messages claiming poisonous packages were sent to former Prime Minister Gordon Brown, and claiming bombs would detonate at locations in Glasgow and Edinburgh. Busby, who has multiple sclerosis and is confined to a wheelchair, had previously appealed a 2013 High Court surrender order to the Supreme Court. Last week, a five-judge Supreme Court panel unanimously cleared the way for his surrender but agreed to a short stay on the order to allow for a health-related application. In the current High Court proceedings, counsel for the Minister of Justice and Equality, Mr Diarmaid McGuinness SC, stated that Busby intended to apply for a postponement of the surrender on humanitarian grounds. The State indicated it required time to review medical reports and consult Scottish authorities. Mr Justice Tony Hunt, presiding over the case, told Busby, who was present in court, that the matter was to be adjourned until January 20. The judge ordered that Busby be remanded on continuing bail to appear before the court again on that date.
A motorist, Kim Nugent, 30, has filed a High Court action to have the six penalty points she received for two speeding offences on the M6 motorway on 6 August 2014 quashed. Nugent, a hairdresser from Athlone, was driving to and from Dublin when she was stopped twice by the Gardai for exceeding the 120km/h limit near Fardrum, Moate. She already had six points on her licence, so the additional six brought her total to 12, triggering a six‑month disqualification and the surrender of her licence. Nugent's counsel, Michéal Ó Higgins SC, argues that a technical loophole in the penalty‑point legislation renders the points and the resulting disqualification null and void. She seeks orders quashing the endorsement of the points, the disqualification, and a declaration that the endorsement is void. Mr Justice Seamus Noonan granted ex‑parte permission, staying the points and setting a return date in January.
Garda whistleblower Keith Harrison, the applicant, brought a High Court challenge against the Garda Commissioner to halt internal disciplinary proceedings. Harrison denies all allegations, which include verbal and physical abuse, assault, and harassment of his partner, as well as allegedly accessing her car details on the Garda Pulse system 25 times between August 2009 and April 2013. He claims there is no bona fide basis for the inquiry and that the appointment of an investigating officer on December 1 was unlawful and unconstitutional. Harrison seeks orders prohibiting the investigation into alleged breaches of Garda Disciplinary Regulations and criminal conduct between October 1998 and October 2013. He argues his partner was unlawfully pressurised into making a statement, which was subsequently forwarded to GSOC, and that both their privacy rights were breached. Counsel Mark Harty SC stated the decision to investigate was malicious and oppressive, citing prior bullying following Harrison's arrest of a colleague in Athlone. Mr Justice Seamus Noonan granted permission to bring the action on an ex parte basis and imposed a stay on the disciplinary process pending the outcome. The matter was adjourned and made returnable to a date in late January.
Ms Y, an asylum seeker who arrived in Ireland earlier this year, discovered she was pregnant after being raped in her home country. Seeking an abortion due to suicidal thoughts, she was denied and her pregnancy advanced to the point that a Caesarean section was performed against her wishes, resulting in the child being placed in State care. A Health Services Executive (HSE) inquiry was launched in August to examine the State's response and the delay under the Protection of Life During Pregnancy Act. Ms Y's lawyers, led by Richard Kean SC, argue that the inquiry's conduct breached her rights to fair procedures and constitutional justice, citing her inability to participate because of ill health. They seek an order to halt the inquiry, quash a leaked draft report, and address concerns about the inquiry team's composition and lack of specialist input.
In December 2014, GMC Sierra Ltd, a Dublin water‑meter installation company, obtained High Court permission to pursue contempt proceedings against several anti‑water‑charge protesters. The company alleged that these individuals had breached prior court orders, including setting up 20‑metre exclusion zones around its work sites in Dublin 5 and Dublin 13. Mr Justice Paul Gilligan granted the company the authority to serve short service of proceedings and scheduled a return hearing for the following Thursday to address further contempt applications. Earlier that year, GMC Sierra had secured injunctions preventing protesters from assaulting, intimidating or interfering with its workers, and had established exclusion zones after an escalation of unlawful activity. Protesters' lawyers denied wrongdoing, claiming lawful and peaceful protest. A month earlier, the judge had committed three protesters to prison for 28 days each for breaching orders, suspending those terms for six months on the condition of compliance.