In a High Court case brought by Mr Pat Grant of Ballyouster, Celbridge, the family seeks to stop the demolition of their timber‑framed house built in 2010. The house sits behind a pre‑existing dwelling owned by Grant's sister‑in‑law. Kildare County Council argues the house lacks proper planning permission and is in breach of the Planning and Development Act 2000, and has pursued enforcement proceedings to demolish it. Grant's house had originally been granted permission for an extension, but a separate dwelling unit was later constructed. The Council's refusal to allow the house to remain was appealed to An Bord Pleanala, which, despite an inspector's recommendation to grant retention permission, upheld the Council's refusal on a split decision. Grant now seeks orders quashing the Bord's decision, arguing the Board gave no adequate reasons for its refusal and failed to explain why it did not follow its inspector's recommendation.
Corporal Tracey Quinn (32) has initiated a High Court action to challenge her discharge from the defence forces, alleging gender discrimination. She claims she is not being offered re-engagement after 15 years of service due to not completing an overseas tour of duty since 2004. The defence forces require members to have undertaken an overseas tour within the previous three years or completed two such tours during their 12-year enlistment period. Quinn argues that her inability to complete a second tour was due to maternity leave and the need to care for her children, as well as her husband's overseas service. She was initially allowed to extend her enlistment period to 2014 to meet other re-engagement criteria, including physical fitness and good conduct. Despite this, she was informed last July that she would not be re-engaged due to her overseas duty record. She appealed the decision, but her discharge was directed earlier this month.
In a High Court hearing on 16 October 2014, Mr Justice Nicholas Kearns announced that the court would intensify judicial management to maximise efficient use of court time, following a Supreme Court decision urging tighter case management. The comments were made in a case where Mr Kevin Breen, a signalman at Iarnrod Eireann, was awarded €25,000 in damages for alleged bullying by a colleague, Mr Louis Naessens, between 2004 and 2010 at Gorey Rail Station. Breen claimed repeated criticism, confusing instructions and threats from Naessens, and that an internal investigation in December 2009 found Naessens' conduct amounted to bullying. Breen said the company failed to act, despite offering a Corrective Coaching Programme, and that the bullying continued until his transfer to Arklow Station in February 2011. Iarnrod Eireann denied the claims, stating it had undertaken counselling, mediation and investigation.
In a High Court decision on 15 October 2014, Mr Justice Michael White allowed Stephen Costello (43) and his wife Karen to pursue a damages claim against the Garda Commissioner for alleged harassment and intimidation. The judge noted that while there had been inordinate and at times inexcusable delays in the case, the court exercised discretion not to dismiss the claim. The Costellos had previously obtained a 2005 injunction preventing Garda entry into their home without a warrant or household request, which the judge vacated as it could not stand. The Commissioner had sought to strike out the claim, citing delays by the Costellos, but the judge found no prejudice to the Commissioner's defence and allowed the claim to proceed to full hearing. The case remains pending, with the court emphasising the need for an expeditious exchange of pleadings and early hearing.
In a High Court case, the Health Services Executive (HSE) sought an order to force-feed a woman who had expressed a desire to die due to childhood sexual abuse. The HSE, represented by Shane Costellloe SC, argued that the woman, who had previously agreed to take fluids and nourishment for two weeks, was now refusing food. The court, after hearing medical professionals, granted an order allowing doctors to feed her via a nasogastric tube without her consent. The woman, treated at a psychiatric facility for PTSD and other mental health conditions, had been admitted following self‑harm incidents and had previously been fed through a nasogastric tube until late September. The judge noted that the woman's mental capacity to refuse food was disputed, with some clinicians believing she lacked capacity and others disagreeing. The order permits medical practitioners to take necessary steps to provide nourishment to prevent imminent death.
In a High Court hearing on 15 October 2014, the dispute between McElhinneys fashion stores in Athboy, the Sweeney family owners, and the Bank of Ireland (BOI) was resolved. BOI had appointed receiver Mr Barry Forrest in March 2013 after the Sweeneys failed to repay €2.34 million owed on loans secured by three properties: McElhinneys Department Store, McElhinneys Bridal Shop, and Guinans on Main Street. Forrest had sought possession orders for these premises. The Sweeneys and McElhinneys Limited had initially opposed the orders, arguing a lease entered in July 2010 entitled them to trade on the premises and that BOI had been informed of the lease in September 2010 with rent of €3,000 per month paid until the receiver's appointment. Mr Justice Paul Gilligan dismissed the receiver's application before Christmas.
In a High Court case, a woman who had previously requested to be allowed to die has agreed to receive food and fluids for the next two weeks. The Health Services Executive (HSE) sought an order to force-feed her, as she had not eaten or taken fluids for weeks and was at risk of imminent death. The HSE's application was initially opposed by the woman, who had been treated for PTSD and other mental health conditions stemming from childhood sexual abuse. High Court President Mr Justice Nicholas Kearns granted a temporary order allowing the HSE to administer fluids only, and later accepted the woman's decision to accept nourishment for two weeks. The court will consider her mental capacity in any future orders, but no restraining order was granted. The case highlights the legal complexities surrounding a patient's right to refuse treatment and the court's role in determining capacity.
In October 2014 the High Court heard a case involving the trade union Unite and several of its members who had mounted a picket at a construction site in Lucan where JJ Rhatigan was building a new school. Rhatigan sought injunctions against Unite, two of its officials and other members, alleging that the picket had caused vehicles to be blocked, a lorry to be damaged, a senior employee to be assaulted and a bus driver to be racially abused. Two Unite members had also scaled a 200‑ft crane on the site, leading to its closure by Gardaí. Mr Justice Paul Gilligan accepted undertakings from the defendants not to trespass, intimidate, assault or damage property at Rhatigan sites, and to limit the number of picketers at each site. He also granted an injunction restraining anyone with knowledge of the orders from interfering with access to the sites.
In a High Court hearing on 8 October 2014, lawyers for builders JJ Rhatigan & Co argued that protests at a new school site in Lucan had been "appalling" and should be restrained. They claimed that Unite members had blocked vehicles, damaged a lorry, assaulted a senior employee, racially abused a bus driver, and had two protesters climb a crane at the site. The site was closed, and the builders sought injunctions against Unite, Patrick Molloy, Stephen Gleeson, and others to prevent interference with access and to vacate the crane. The court granted Rhatigan's permission to serve short service proceedings. Unite's counsel said any order prohibiting picketing would be "too far" and offered an undertaking not to intimidate or block entrances. The judge expressed concern about Unite's control over its members and noted the two men on the crane were not helping anyone. The hearing was set to resume the following day.
In a High Court case on 8 October 2014, companies controlled by brothers Michael and Richard Larkin obtained a temporary injunction preventing Ulster Bank from transferring their €87 million loan to any third party. The firms, which own European Property Fund PLC, Laurelmore Limited and Vieira Ltd, feared that selling the debt to an unknown party could harm their ongoing action against the bank. The injunction, granted ex‑parte by Mr Justice Paul Gilligan, was to remain until Ulster Bank discloses details of any proposed sale. The Larkin‑controlled companies claim they suffered €30 million in losses from alleged mis‑selling and mis‑representations by the bank, which forced them to sell two valuable London properties. They seek information on the terms of the proposed sale, which the bank has not provided, but note their loans are performing and they are willing to repay fully.
Frederick "Freddie" Thompson, aged 33, has filed a High Court challenge against the Irish Prison Service's decision to transfer him from Cloverhill to Cork prison and to sanction him for alleged breaches of prison discipline while at Dublin prison. Thompson, who pleaded guilty to violent disorder at Morrissey's Pub in Cork on 7 January 2013, is awaiting sentencing on 2 February. His lawyers secured permission for judicial review of the transfer and disciplinary decisions. Thompson claims the punishment for an incident on 13 September in Cloverhill's visitor's area, where he says he was violently attacked by three other prisoners, was unfair. He was found guilty of indiscipline, placed in segregation, denied privileges, and subjected to 22.5 hours lock‑up per day. He was transferred to Cork on 30 September without explanation, and his family received no reasons from prison authorities. The case is set for a hearing in late November.
In a High Court hearing on 7 October 2014, the liquidator of Vino Classico Ltd, Mr Myles Kirby, argued that the company's directors, Mrs Pia Bang Stokes and Mr Georgio Casari, were in contempt of court for failing to file the firm's annual returns for 2010‑2012 with the Companies Registration Office. The court had ordered the returns to be filed in September 2013 and, after a further four‑month extension in May, the directors still had not complied. Mr Kirby said the directors' continued non‑compliance was unacceptable and that the court could impose sanctions ranging from fines to imprisonment. Mr Casari was represented by a solicitor who claimed he was doing everything possible to file the accounts, while Ms Bang Stokes said she had not been contacted by Mr Casari and was unhappy with the un‑audited information she had received.
Builders JJ Rhatigan & Co have taken High Court action against the trade union Unite over a dispute at a new school site in Lucan. The builders seek injunctions to stop Unite members from blocking vehicles and interfering with access to the site, citing incidents where protesters allegedly damaged a crane and caused the Gardai to shut the site for health and safety reasons. JJ Rhatigan denies Unite's claim that subcontracted workers were paid less than €5 per hour and says the subcontractor was paid €25,000. The court granted the builders permission to serve short service proceedings on Unite, its members and the subcontractor Gleeson & Molloy Bricklaying Services. The injunctions also cover other Rhatigan sites, including Griffeen Valley, St Patrick's College Drumcondra, the Radisson Blu Hotel and Golden Lane. The case is set to return to the court on Wednesday.
In October 2014, Adrian Mooney, a 36‑year‑old from Offaly, was jailed for nine years after pleading guilty to 11 rape charges in 2008. He forced a young woman to have sex with him up to three times a week, threatening her with IRA punishment. His sentence included registration as a sex offender and five years of post‑release supervision. Mooney has now filed a High Court application seeking early release under the 2007 Prison Rules, claiming entitlement to a one‑third remission because he has served more than 66% of his sentence and has shown good behaviour, participated in prison programmes, and taken education courses. The Minister for Justice has not yet responded. Mr Justice Michael Peart granted Mooney permission to bring judicial review proceedings to compel the Minister to decide on the remission. The case is returnable later in the month. Similar applications by other prisoners, including former Real IRA member Michael McKevitt, are also pending.
The High Court has granted leave to Edward Buckley of Gurtnara, Upperchurch, Thurles, and Edel Grace of Grousehall Milestone, Thurles, to challenge An Bord Pleanala's decision to grant planning permission for a windfarm in County Tipperary. The applicants, represented by David Browne BL, seek to quash the Board's August 12 decision, which allowed Ecopower Developments Ltd to construct a development comprising 22 turbines, ancillary works, an access road, and buildings. The proposed site is located at Upperchurch, with turbines reaching an overall height of 126.6m. The applicants allege that the Board acted outside its powers, contrary to the 2000 Planning and Development Act, and in breach of the 1992 EU Council Habitats Directive. Specifically, they contend that permission was granted after Mr Buckley withdrew his written consent for his lands to be used for a required access road at Knocknameena. They further argue that the Board failed to conduct an environmental impact assessment and that the decision breaches EU directives on the conservation of natural habitats. Mr Justice Michael Peart granted the application on an ex parte basis, with the Department of Arts, Heritage and the Gaeltacht and Ecopower listed as notice parties. The matter was made returnable to date in late November.
In a Special Criminal Court hearing on 1 October 2014, the court considered an application by the Director of Public Prosecution to claim legal privilege over three documents relating to the surveillance of three men charged with the murder of Peter Butterly. The accused – Edward McGrath (32), Dean Evans (22) and Sharif Kelly (43) – had pleaded not guilty to the murder and to firearm offences. The court heard that a Toyota Corolla entered the Huntsman Inn car park shortly after Butterly was lured there, and shots were fired, causing Butterly to fall. The prosecution's case relied on forensic, firearm residue, DNA evidence and testimony from David Cullen, who was described as part of the murder plan. During cross‑examination, a senior Garda admitted that one of the documents sought for privilege was relevant to the defence.
Kenneth Brunell, 28, of Palmerstown, had his bail reinstated for a second time by the High Court after Dutch authorities sought his surrender for the 2009 murder of Keith Ennis, 29, whose dismembered body was found in an Amsterdam canal. Brunell was arrested in 2011 on extradition warrants and had previously had his bail revoked for failing to appear in court. He applied to vary his bail to attend a training course in Cork on 19 June, but did not attend and was missing for five days following a dispute with his father. Brunell denied any intention to flee, claiming he had nothing to run from. The court noted a significant improvement in his behaviour and, after hearing from his father, granted him bail of €3,000 on a €100 bond. The court found no evidence of conspiracy to escape jurisdiction. The case remains pending.
In a moving farewell, High Court judge Mr Justice Barry White thanked his family and colleagues on the eve of his retirement. He presided over his final case in the Central Criminal Court, where well‑wishers, including his wife and four children, gathered to celebrate his departure. Patrick Gageby SC praised the judge's eminence, while Dara Robinson echoed the sentiment on behalf of the Law Society. Liam Mulholland offered a happy retirement message from the DPP's office, and registrar Mary Feerick thanked him for making court work enjoyable. Sergeant Albert Bell sent Garda wishes. White reflected on the privilege and difficulty of judging, noting the need for a cold, calculated approach. He expressed gratitude to his wife and children for their support over 12 years and the entire marriage, before rising from the bench for the last time.
In a High Court hearing on 10 September 2014, the extradition case of Ali Charaf Damache, a 49‑year‑old Algerian‑born Irish citizen, was continued. Damache is sought by the United States on charges of conspiracy to provide material support for terrorists and attempted identity theft to facilitate an act of international terrorism. He allegedly used the username "Theblackflag" and was involved in a plot to transfer a passport stolen from a U.S. citizen to a person in Pakistan believed to be an Al Qaeda member. Three of his alleged co‑conspirators have already been sentenced. Counsel for the State, Mr Remy Farrell SC, noted that Damache could face up to 45 years in prison, though early release might still be possible. Damache had previously sought judicial review of the Director of Public Prosecutions' decision not to prosecute him in Ireland, but both applications were refused by the High Court.
At the High Court in Dublin, Mr Justice John Edwards refused Eric Eoin Marques leave to seek judicial review of the Director of Public Prosecutions' decision not to prosecute him in Ireland. The 28-year-old, residing at Mountjoy Square, is alleged to be the owner and administrator of Freedom Hosting, an anonymous site described by FBI Special Agent Brooke Donahue as the largest facilitator of child pornography in the world. US authorities seek his extradition to face charges including conspiring to distribute and advertise child pornography. The court heard that if convicted, Mr Marques faces a potential sentence totalling 100 years, potentially resulting in life imprisonment. Although a detailed letter indicated he would plead guilty if prosecuted locally, the judge denied his application to challenge the DPP's non-prosecution decision and her refusal to provide reasons. The matter was adjourned until October 14 to allow counsel time to consider the judgment and to fix a date for the extradition hearing. Mr Marques, who has been in custody since his August arrest due to flight risk concerns, was remanded in custody until that date. He appeared in court wearing a grey and green hoody, blue jeans, and navy runners.
In September 2014 the High Court in Dublin opened extradition proceedings against Ali Charaf Damache, a 49‑year‑old Algerian‑born Irish citizen. The United States seeks to charge him with conspiracy to provide material support for terrorists and attempted identity theft to facilitate an act of international terrorism. US prosecutors allege that Damache, who used the username "Theblackflag," conspired with American woman Colleen LaRose (online name "Jihad Jane") and others to create a terror cell in Europe capable of targeting US and western European citizens. They also claim he participated in a conspiracy to transfer a passport stolen from a US citizen to a person in Pakistan believed to be a member of Al Qaeda. LaRose was jailed in the US for ten years for a plot to murder Swedish cartoonist Lars Vilks, and another alleged conspirator, Jamie Paulin Ramirez, was sentenced to eight years for providing material support to terrorists. Ali Charaf Damache pleaded guilty.
A 66-year-old man convicted of murder in England in 1977 will be extradited to the United Kingdom following a High Court decision, it was ruled on 2 August 2014. Anthony Craig, who escaped from an English prison and subsequently lived in counties Cork and Leitrim before relocating to south Dublin, was arrested in February 2013 on an extradition warrant. Mr Justice John Edwards determined that Craig's surrender was not prohibited, rejecting arguments raised by his legal team regarding preventative detention and the nature of mandatory life sentences. The judge distinguished Craig's case from previous jurisprudence on Imprisonment for Public Protection sentences, finding that UK mandatory life sentences are equivalent to their Irish counterparts. Craig will remain on bail until 8 September to allow his solicitors to review the judgment and consider pursuing an appeal to the Supreme Court. The bail conditions were tightened to require daily signing at Clondalkin Garda Station. Craig, who had served 28 years before his escape, has complied with bail requirements throughout proceedings.
James Connors, 27, of Rosemount, Drinagh, Co. Wexford, is accused of murdering Jason Ryan at Hollyville Heights, Wexford town, on 25 January 2012. He has been in custody with consent to bail. On 30 July 2014 the High Court, hearing an application from his lawyers, reduced the independent surety required and allowed Connors to be released on bail. His trial is scheduled for 30 November 2015. As part of his bail conditions he must sign daily at his local Garda station between 9 a.m. and 1 p.m. and carry a mobile phone to contact Gardaí.
In a High Court hearing on 30 July 2014, Dean Evans, aged 22, was denied bail and remanded in custody. Evans, along with Edward McGrath (32) and Sharif Kelly (43), faces murder charges for the killing of dissident republican Peter Butterly, 35, at the Huntsman Inn in Gormanston, County Meath, on 6 March 2013. The trio were also charged with membership of an illegal organisation claiming to be the Irish Republican Army, or Oglaigh na hEireann, on the same date. Additionally, Evans and McGrath are accused of unlawfully possessing a 9mm calibre Beretta model 9000s semi‑automatic pistol and seven rounds of 9mm parabellum ammunition at their residence, and of possessing the same weapon and ammunition with intent to endanger life at the Huntsman Inn car park.
Patrick Lee, 41, of Newtown, County Kildare, is wanted by U.S. authorities for 51 offences including 29 counts of wire fraud, 6 of unlawful monetary transaction and 16 of aggravated identity theft. He allegedly participated in a scheme that defrauded U.S. banks and mortgage lenders by purchasing properties in Boston between 2006 and 2007, converting them into apartments, and using "straw buyers" to draw down mortgages that were never repaid. Lee is accused of forging appraisals and receiving about €1 million for his role. He denies all allegations. The case is adjourned to 7 October, when a judgment date will be set. Lee remains on continuing bail. The maximum penalty for the offences is 42 years' imprisonment. The proceedings are ongoing and no verdict has yet been reached.
Sean FitzPatrick, former chairman of Anglo Irish Bank, has filed a High Court challenge to a Circuit Court ruling that denied him the legal costs of defending himself in a 48‑day trial on charges of giving illegal loans. FitzPatrick, 66, was acquitted of 16 counts of providing illegal loans to the Quinn family and the Maple 10 group of investors. In June, Circuit Court Judge Martin Nolan rejected FitzPatrick's application for costs, citing the State's opposition on the grounds that the prosecution was in the public interest. FitzPatrick's lawyers argue the judge applied the wrong legal test, failed to use the acquittal as the starting point for a costs application, and that the decision violates case law and constitutional rights. They seek to quash the ruling, obtain payment of costs, and declare Section 24 of the 2006 Criminal Justice Act unconstitutional. The case is set for a November hearing.
In a High Court hearing on 26 July 2014, Mr John Murphy, owner of Colfers Pub in Carrig-on-Bannow, Co. Wexford, faced contempt proceedings for failing to hand over peaceful possession of his bar to the bank‑appointed receiver, Mr Stephen Tennant of Grant Thornton. The undertaking, issued in March, required the handover in late June. Mr Murphy had previously failed to appear in court, prompting an order by Mr Justice Paul Gilligan to bring him before the court. At the hearing, Mr Murphy apologized for his non‑appearance and admitted he had no legal representation, though his interests were being managed by Tuskar Properties Ltd. The court noted that a solicitor was now prepared to represent him but required time. Mr Justice Gilligan adjourned the matter to the following Wednesday to allow Mr Murphy to obtain legal advice.
A 41-year-old man from Tullyallen, Drogheda has voluntarily surrendered to Northern Irish authorities following his arrest here in June on a European Arrest Warrant. Edward McDonagh appeared before the High Court in connection with 11 alleged offences committed in July and August 2010 across Armagh and Tyrone. The allegations centre on a series of farm burglaries during which a sledge hammer was reportedly used to assault a farmer. A vehicle was also allegedly stolen during the incident. Gardaí in Monaghan observed two men who subsequently crossed the border, leading to arrests at premises in Crossmaglen where false identification was allegedly provided. Two of the charges against McDonagh carry potential sentences of 14 years imprisonment in the North, relating to burglary and concealing criminal property. Mr Justice John Edwards granted the order for surrender, with an application noted to postpone the extradition until after completion of a separate sentence currently being served domestically.
In a High Court hearing, Mr Francis Lanigan, aged 49, is awaiting a decision on whether to extradite him to Northern Ireland for the 1998 murder of John Knocker. Lanigan was arrested in Dublin in January 2013 on an extradition warrant and claims that surrendering him would pose a "significant risk to his life." He has been remanded in custody and is represented by Dr Michael Forde SC, who argues that evidence of risk is inadmissible and that the UK's detention plans should be excluded. The court has heard that Lanigan used a false name and has worked as a self‑employed barber. Justice Deirdre Murphy has reserved judgment until September, after which the court will decide whether to extradite Lanigan. The case remains at the extradition stage, with no verdict or sentencing yet.
In a High Court hearing on 23 July 2014, Mr Justice Nicholas Kearns ordered the winding up of Berehaven Credit Union (BCU), a Munster‑based credit union with 3,500 members. The Central Bank had requested the order after learning in 2010 of serious governance and financial problems at BCU, including irregular lending to connected parties, failure to meet regulatory reserve requirements, and a negative regulatory reserve ratio of –3.8%. The bank had directed BCU to limit lending, cap investments, and restore its regulatory reserve ratio to 10%, but BCU could not raise the €1.3 million needed to comply. The court appointed Jim Hamilton and David O'Connor of BDO Ireland as provisional liquidators, noting that an orderly wind‑up was in the public interest and would protect depositors under the €100,000 guarantee scheme. The case was adjourned for a week to allow further proceedings.
Former Rehab CEO Angela Kerins launched High Court proceedings against the Dáil Public Accounts Committee (PAC) after she claimed her job loss and health decline were caused by unfair questioning during a PAC hearing on February 27, 2014. Kerins alleges the PAC acted unlawfully, biased, and outside its remit, and that members engaged in a "witch hunt." She seeks orders restraining the PAC from further examining her employment with Rehab, from publishing reports linking her remuneration to Rehab, and from compelling her to attend future hearings. Kerins also requests damages for personal injury and reputational harm, and declarations that the PAC lacks jurisdiction over Rehab's expenditures. The case was granted ex‑parte permission by Justice John Hedigan, with a return date of November 4. Kerins' statement emphasizes her distress and the need for legal protection of her rights as a private citizen.
The High Court heard an application by the Revenue Commissioners to lift a suspended six-month prison sentence imposed on a Granard car dealer in 2012 for contempt of court. Pauraig Kane, formerly involved with Kane Motors, owes €5.2 million in unpaid taxes dating from a 2004 assessment. The Revenue claimed Mr Kane breached conditions attached to the suspended sentence, including an obligation to clear vehicles from the yard and refrain from dealing in third-party cheques. The Revenue also alleged he failed to sell nine properties as undertaken to discharge his tax debt. Mr Kane's legal team opposed the application, denying deliberate non-compliance. The defendant maintained he had attempted to fulfil the court's orders, though he acknowledged no money had been paid to Revenue. He attributed difficulties with property sales to a solicitor's suspension and negative equity issues. The case was adjourned to continue.
A High Court dispute between brothers Patrick and Paul Elliott concerning the management of Elliott Construction Ltd, a County Cavan property company, has been resolved. Patrick Elliott, who holds a 60 per cent shareholding and serves as chief executive, had sought an order under the Companies Act 1961 to convene a general meeting with a single shareholder present. His application aimed to facilitate the appointment of an additional director to the company's board. Paul Elliott, a 40 per cent shareholder and director, opposed the application. The disagreement between the brothers arose from works undertaken on Shelbourne Plaza in Ringsend in 2008, and previous mediation efforts had proved unsuccessful. Following discussions facilitated by Mr Justice Paul Gilligan, both parties consented to the matter being struck out. The terms of the settlement remain confidential. The judge welcomed the resolution of what he described as a difficult situation.
In a High Court case concerning the Pygmalion Public House, businessman Paul McGlade, who had acquired an interest in the Dublin nightspot last year, claimed he was excluded by his fellow shareholders, brothers Jay and Tim Bourke, from the premises. McGlade, together with Fellerim Ltd and Lintrath Holdings Ltd, sued the Bourke brothers and Pygmalion Public House Ltd, asserting that a 2013 agreement entitled him to run the business. He sought orders to restore his management role and injunctions to prevent the Bourkes from barring his entry or changing the locks. On the day the matter was heard, counsel for McGlade, Patricia Dillon SC, informed Justice Paul Gilligan that the dispute would not trouble the court and could be struck out. Counsel for the respondents, Patrick McCann SC, agreed that the matter could be struck out. No agreement details were disclosed in open court.
A man was jailed for contempt of court and later removed from the Four Courts by ambulance after collapsing. Mr Justice Brian McGovern jailed Eugene Costello after a receiver, appointed by Carlisle Mortgages Ltd, stated that agents were unable to gain vacant possession of land due to Mr Costello's cattle remaining on the property. The application for Mr Costello's imprisonment was brought by Carlisle Mortgages Ltd, who obtained an order for possession of the lands in 2006 following Mr Costello's default on loan repayments from 2004. Mr Maurice Lyons was appointed receiver when Mr Costello failed to pay €1.4m. The judge noted that Mr Costello had previously undertaken to remove all livestock from the land, allowing the receiver to take possession of 90 acres in Coolfree, Rockland, and Onagh. The judge found Mr Costello in contempt of court and committed him to prison until the receiver could take vacant possession of the lands and Mr Costello purged himself of his contempt. The matter was adjourned to next week. Mr Costello, who denied that his livestock were on the lands, appeared to take ill and collapsed, receiving medical attention from paramedics and being taken by ambulance to hospital. The case has been before the courts on multiple occasions, with Mr Costello ordered by the High Court in 2010 to remove his animals from the lands. Last year, the High Court found him in contempt of court, and the Supreme Court refused to grant a stay on that order. Counsel for Carlisle Mortgages Ltd stated that Mr Costello had given an undertaking to remove all his cattle from the land on July 1st last, but agents observed 14 cattle on the lands, which were left there to frustrate and obstruct the receiver. Mr Costello, who represented himself, told the court there were no cattle on the lands and that he had slaughtered and moved his cattle, but animals were put back on the lands due to restrictions imposed by the Department of Agriculture after illness was detected in his herd. He stated he was caught in a bind by the committal order and that he was prepared to take whatever steps were required to remedy the situation.
A High Court action by William Anthony Rochford, a Co Meath man, aimed at preventing Irish Water from installing a water meter on his property has been resolved. In June, Ms Justice Bronagh O'Hanlon granted temporary ex-parte injunctions to Rochford, who represented himself, preventing Irish Water from trespassing on his property at Steeple Manor, Trim, or installing the meter and its associated plastic box cover. Rochford alleged the housing component was "not fit for purpose" and posed injury risks. During those proceedings, he informed the court that he had been convicted and fined in the District Court on May 27 for obstructing a housing estate entrance, which had previously prevented water meter installation. Today, the matter was mentioned before Mr Justice Paul Gilligan. Cian Ferriter SC, representing Irish Water, informed the court that the case could be struck out on consent. The procedural stage is sentence, reflecting the final resolution of the injunctions through this consent order.
In July 2014 the Child and Family Agency (CFA) filed a High Court challenge against District Court Judge Colin Daly's decision to direct the agency to place a neglected child in the care of her parents. The case involved a young girl who had missed more than half of her school days over the previous three years, with the CFA citing serious concerns about her welfare and her mother's drug addiction. Judge Daly had granted an interim care order under Section 17 of the 1991 Child Care Act, finding that the child's chronic non‑attendance amounted to educational neglect and directing the CFA to place the child with her parents. He also ordered the parents to attend support meetings and programmes. The CFA argues that once a finding of neglect is made, the court has no jurisdiction to direct placement and that the child must be placed in the CFA's care.
A man charged with a sexual act with an underage girl has filed a High Court application to halt his trial. He argues that essential materials from the original investigation file—original witness statements, handwritten interview memos, and video tapes of his Garda interview—are missing and cannot be located. Without these documents, his lawyers claim the case has fundamental flaws that a judge cannot correct. The man maintains he honestly believed the girl was 17 or older and did not know her age. He was arrested and interviewed by Gardaí in February 2011, formally charged, and is awaiting trial at Dublin Circuit Criminal Court. The High Court granted leave to bring the action ex‑parte, and the case is set to be returned in October. The parties remain unnamed for legal reasons.
In a High Court hearing on 11 July 2014, Mr Justice Paul Gilligan ordered that John Murphy, the owner of Colfers Pub in Carrig-on-Bannow, Wexford, be brought before the court to explain why he should not be jailed for failing to hand over his bar to a bank‑appointed receiver. Murphy had previously given an undertaking to hand over peaceful possession of the licensed premises to receiver Stephen Tennant of Grant Thornton, appointed by ACC after Murphy failed to repay €409,000 owed to the bank. ACC and Tennant claimed the receiver had been prevented from taking possession, citing resistance from a large group at the pub and correspondence from an individual and a purported Limited Company claiming ownership.
In a High Court hearing on 11 July 2014, the owners of The Gables restaurant and Wine Bar in Foxrock, John and James McCabe, were involved in a stand‑off with the property owner, Daphne Kaye, over unpaid rent arrears of about €379,000. The McCabes, directors of McCabes Wine Warehouse Ltd, had been operating the restaurant and wine shop under lease since 2001. Kaye had claimed the McCabes were trespassing and sought to have them vacate the premises. The dispute escalated to the point where Gardaí were called and the restaurant was closed. The stand‑off ended after the parties reached an agreement, and the High Court was informed that the restaurant would reopen for business on Friday evening, subject to a payment to Kaye. The judge adjourned the matter to Wednesday to allow the settlement to be implemented.
Stella Esemuede, who ran Notedo's restaurant in a basement unit on Moore Street since 2009, claimed her landlord, Parnell Street Project Ltd, forced her out after she objected to a rent increase. She said the landlord had doubled her rent from €1,500 to €4,000, a figure she denied. After being evicted and having her utilities cut, Ms Esemuede sought injunctions to regain the premises. The High Court granted a temporary injunction and, following an agreement, allowed her to return to the unit and resume trading. The parties agreed she would pay €2,009 per month, covering rent and utilities. The judge adjourned the case, permitting further discussion before a full hearing, and welcomed the commercial settlement reached between the parties.
In a High Court hearing on 9 July 2014, Mr Justice Paul Gilligan considered a dispute between the McCabes, directors of McCabes Wine Warehouse Ltd, and Daphne Kaye, owner of the property housing The Gables restaurant and Wine Bar in Foxrock. The McCabes had leased the premises since 2001, but Kaye claimed they were trespassing after the company allegedly failed to pay €379,000 in arrears. Kaye's counsel, Matthew Jolley, sought a short service of proceedings to compel the McCabes to vacate. The judge granted the application and adjourned the case to Friday, hoping the parties could resolve the matter. Rossa Fanning, counsel for the McCabes, reported that all parties had agreed to leave the premises, which would remain closed until the court reconvened. The adjournment was intended to allow the McCabes to respond to Kaye's claims and to pursue a settlement. The case remains pending pending the parties' efforts to resolve the dispute.
The family of a 48-year-old man from Creenagh, County Longford, who died in a wall collapse at a DIY store has been awarded €750,000 in damages following a High Court settlement. Sean Mulleady sustained fatal injuries when an internal wall, measuring 6.5 metres high and 8.4 metres wide, collapsed on him and several others at Connacht Gold Co-Op Society's premises on Athlone Road, Longford on 29 January 2013. His widow, Teresa Mulleady, brought proceedings on her own behalf and that of their three children against the store operator, the building owners, the construction company, and the project manager. She alleged the defendants had failed to maintain a safe premises and had breached their duty of care. All defendants denied liability. Mr Justice Paul Gilligan approved the settlement, describing it as a good award in the circumstances. The judge commended Mrs Mulleady for her resilience throughout the case.
In a High Court case, beautician Magdalena Glegola sues the State over unpaid wages. She was dismissed in November 2011 when Metro Spa Ltd was wound up. After a Rights Commissioner awarded her €16,000, she applied to the Minister for Social Protection for payment from the Social Insurance Fund but received none because the State requires a liquidator or receiver before a company is deemed insolvent. Glegola argues that EU Directive 2008/94 and the Protection of Employees Acts entitle her to receive part or all of the award from the fund. She seeks a declaration that the State breached the directive by imposing the liquidator requirement, that it failed to transpose the directive correctly, and damages. The case is considered significant for employees of companies that cease trading. The High Court has granted leave to proceed and set a return date for October.
In a High Court hearing on 8 July 2014, Mr Justice Paul Gilligan heard a dispute between the directors of McCabes Wine Warehouse Ltd, John and James McCabe, and agents of the property owner, Ms Daphne Kaye, over the restaurant The Gables on Foxrock's Torquay Road. The McCabes had been leasing the premises since 2001 but had failed to pay rent arrears of about €370,000 dating back to 2007. A forfeiture notice was served in mid‑June, after which Ms Kaye's agents took possession, changed the locks, and forced open the rear door, damaging it. The McCabes and five men returned, and the restaurant staff remained on the premises, creating a "tense stand‑off." Ms Kaye seeks an injunction to order the McCabes to vacate and to prevent further damage or obstruction. The judge granted Ms Kaye permission to serve short service of proceedings and made the case returnable to Wednesday for the McCabes' version of events.
In a High Court case, a 13‑year‑old autistic boy has challenged Bus Eireann's decision to ban him from its school bus service. The boy was suspended in early June after an incident in which he was accused of assaulting two other children, the bus driver and an escort. The alleged assaults were described as minor. Bus Eireann, which operates the School Transport Service for the Department of Education, said it had permanently excluded the boy following a meeting with his parents, who were told the guidelines did not apply to special‑needs children. The parents claim the decision was unfair and that the boy was denied fair procedures, noting that no inquiry was made into his version of events. They seek to quash the ban, have the guidelines applied to children with disabilities, and obtain declarations that Bus Eireann erred in law and breached the boy's rights.
In a High Court extradition hearing, Francis Lanigan, 49, contested his transfer to Northern Ireland over a murder case. He was arrested in January 2013 on an extradition warrant linked to the 1998 killing of John Knocker in Dungannon. Lanigan's counsel, Dr Michael Forde SC, argued that Lanigan feared a "significant risk to his life" if surrendered to Northern Irish authorities, citing a letter from the Northern Ireland Prison Service and a retired solicitor's testimony. The counsel also challenged the admissibility of the letter as hearsay, comparing it to newspaper reports that branded Lanigan a "dead man" if returned. The Minister's counsel accepted the letter under European arrest warrant provisions. Dr Forde referenced the Faisal al‑Sadoon case to highlight potential human rights violations. Lanigan had been remanded until July 24, and Justice Deirdre Murphy reserved judgment.
Colin Widger, who lived with his mother Maeve at 17 Whitebarn Road, Churchtown, claims he was unlawfully evicted by his estranged father Thomas Widger after the father complained to Gardai that Colin was trespassing. Widger says he is the executor of Maeve's will, which he says left the estate to him and his siblings, and that Thomas is contesting his role. Widger alleges he was forced onto the street, left homeless, sleeping on park benches and in sheds, and is now staying with friends. He says Thomas has put the house up for sale without his consent and that he is being oppressed. Widger, representing himself, filed a High Court action seeking an order to prevent the sale. The court adjourned the matter, noting that Thomas and other notice parties had not appeared. The case is pending before the High Court.
In a High Court hearing on 3 July 2014, Mr Justice Paul Gilligan urged Stella Esemuede and her landlord, Parnell Street Project Ltd, to settle a dispute over rent at a Moore Street restaurant. Esemuede, who has run her business since 2009, claims she was forced out after the landlord doubled her rent from €1,500 to €4,000 without her agreement, citing a new lease. She says the landlord cut off gas and electricity and she was evicted. The landlord denies wrongdoing, stating that the rent was never doubled and that Esemuede had paid €1,500, which did not cover service charges. A temporary injunction was granted to prevent anyone other than Esemuede from occupying Unit 3. The judge called for the parties to reach an arrangement and warned that if they fail, he would rule on keeping the injunction.
Edward Ryan Jnr, 31, son of the late Limerick gangster Eddie Ryan Snr, was released from Midlands Prison after a High Court judge ruled his continued detention was unlawful. Ryan had been serving a six‑year sentence for possession of a pistol and 15 rounds of 9mm ammunition, a conviction he entered in 2010. He had applied for a one‑third remission under Rule 59 of the 2007 Prison Rules, citing good behaviour and participation in structured activities such as the prison woodwork shop and charity shop work. The Minister for Justice had denied the remission, arguing Ryan had not engaged with other training or counselling and had been linked to a prison disturbance. Mr Justice Max Barrett found the Minister's refusal was based on deficient information and that the rule does not restrict remission to exceptional cases. Consequently, Ryan was ordered released with a third of his sentence remaining to serve.