Two former Assistant Censors, Olga Bennett and Mairead Marron, aged in their 70s, applied to the High Court for injunctions to stop the Minister for Justice from dismissing them from their posts. They argued that the Minister's decision to terminate their appointments on 31 March was unlawful, cynical and made without a rational reason, and that they were entitled to be informed of the grounds for dismissal. The applicants sought declarations that they remained Assistant Censors, that the Minister's decision be quashed, and that the Minister communicate the reasons for termination. The Minister denied the claims and opposed the injunctions. Mr Justice Max Barrett, hearing only the injunction application, expressed sympathy for the women but declined to grant the injunctions, reasoning that the risk of injustice outweighed the potential benefit of preventing the Minister from undoing her decision. The court therefore refused to issue the requested interlocutory injunctions.
The case of former Anglo Irish Bank chief executive David Drumm, aged 50 and residing in Skerries, Co Dublin, has been adjourned for a further week. Drumm faces two charges of conspiring to defraud depositors and investors by dishonestly creating the impression that 2008 deposits were €7.2 billion larger than they were, and a third charge relating to the EU transparency directive. He has not yet entered a plea. Judge Karen O'Connor adjourned the case to 11 May 2017 to allow legal matters to be addressed; a new trial date has not yet been set.
In a Dublin District Family Court hearing, a father with a long‑term heroin addiction was ordered to provide clean urine samples twice a week at a drug treatment centre before he could resume visits with his son. The court noted that the father had previously admitted to furnishing fake urine test printouts and had allegedly hidden a bottle of clean urine in a field for use during drug tests. The mother argued that a single sample was insufficient to prove sobriety, citing the rapid elimination of heroin from the body. She also expressed concerns after receiving a suspicious text message from a man who only gave his first name, warning that the father's "card was marked." Judge Conal Gibbons emphasized that such matters should be reported to An Garda Síochána and ruled that the father must continue providing clean samples at the centre, with visits allowed only if the results remain clean.
An 87-year-old man has initiated High Court proceedings in relation to allegations that his nephew withdrew over €130,000 from his bank account for personal use. Patrick Hogan, from Harristown in County Meath, granted his nephew Thomas Kelly a mandate in 2012 to manage withdrawals from his credit union account. According to evidence presented to the court, a forensic accountant calculated that Mr Kelly withdrew approximately €153,000 between 2012 and 2016, with an estimated €133,000 allegedly spent without authorisation. Mr Justice Paul Gilligan granted an interim freezing injunction preventing Mr Kelly from reducing his assets below €200,000 and temporarily prohibited the sale of a property he owns. The matter was adjourned to the following week. A complaint has been made to An Garda Síochána regarding the allegations.
The High Court ordered the immediate vacating of a residential property in Co Kildare that had been used as a hostel or camp for up to 40 people and as an illegal dump. The injunctions were directed against Victor Golis and all unknown residents at Lucknow, Dublin Road, Kildare, following concerns from the HSE, Kildare County Council and the Fire Safety Officer about health and safety risks. Michael McAteer, appointed receiver by the Bank of Ireland in 2013, claimed the property was occupied dangerously and posed a risk to occupants. Justice Paul Gilligan granted the injunctions, restraining the defendants from remaining on the site, interfering with McAteer or his agents, and requiring residents to remove their belongings. The orders remain pending until the full hearing, with proceedings against owner John Quinn adjourned for three weeks to allow his response.
In a High Court case, Merrion Property Group Limited sued Shelton Investments Limited, trading as River Medical, over alleged rent arrears for a cosmetic surgery business at 114 Lower Baggot Street, Dublin. Merrion claimed River Medical owed more than €161,000 after acquiring the premises in 2014. River Medical denied the arrears, citing a rent reduction agreed with the previous landlord in 2013 due to the economic climate, and sought a declaration that it could remain in possession. The lawsuit was scheduled before Mr Justice Paul Gilligan. After negotiations, the parties reached a settlement: River Medical will vacate the premises by the end of June and pay €130,000 to Merrion, resolving the dispute over the lease and rent claims. The cosmetic surgery business also operates from other locations in Kildare, Belfast, and Cork.
In a Dublin District Family Court hearing, a mother reported that her husband assaulted their teenage son with special needs. She said he pushed the boy onto a couch, forced a cross onto his forehead using church oil from a West African church, and allegedly put oil in the boy's mouth. The mother claimed she had to remove her husband from the son and that he then tried to choke her. She expressed fear and belief that he was becoming dangerous. Judge Gerard Furlong issued an interim barring order against the husband.
A German software company, TeamDrive Systems GMBH, has applied to the High Court for a European‑wide injunction to stop Google Ireland Ltd and Google Commerce Ltd from using the term "Team Drives" for its cloud‑based file‑sharing product. TeamDrive claims that Google's use of the term infringes its European Registered trademark, which it obtained in 2006, and that the use is "effectively identical" to its own trademark. The company seeks the injunction to protect its business until the dispute is fully heard. Google denies the infringement claim and argues that any injunction would damage its business. Google's lawyers say the term is used only to describe a function of its Google Drive product and is not a trademark. The case is before Mr Justice Tony O'Connor, with the hearing continuing.
In a High Court case involving Lynam's Hotel on Upper O'Connell Street, Theresa Andreucetti, who had operated the hotel under a lease since 2008, and Mr Aiden Murphy, the receiver appointed by NAMA over the landlords' assets, reached a settlement. Andreucetti had secured a temporary injunction in April 2016 to retain possession after the receiver's agents entered the hotel, claiming she owed €528,000 in rent arrears. She denied the arrears and counterclaimed for costs of roof repairs and damages from water‑damaged rooms, which the receiver rejected. The injunction was lifted when an agreement was reached that Andreucetti would vacate the premises by August 2016. The dispute resurfaced when Mr Justice Paul Gilligan vacated a lis pendens notice that Andreucetti had registered, which the receiver said was blocking the hotel's sale. After the notice was removed, the judge directed the parties to schedule a hearing.
The case of former Anglo Irish Bank chief executive David Drumm, aged 50 and residing in Skerries, Co Dublin, has been further adjourned to May 5, 2017. Judge Karen O'Connor of the Dublin Circuit Criminal Court vacated a trial date earlier this month and adjourned the case due to legal issues. Drumm faces two charges of conspiring to defraud depositors and investors by dishonestly creating the impression that 2008 deposits were €7.2 billion larger than they were, and a third charge relating to the EU transparency directive. He has not yet entered a plea to any of the charges.
Jackie Lavin's High Court action against her partner Bill Cullen and Glencullen Properties Ltd over an alleged failure to complete a €1m deal for the sale of Killegy House in Co Kerry to the businesswoman has been scheduled for a hearing in October. Ms Lavin, of Osberstown House Naas Co Kildare, has brought proceedings against Glencullen Properties Ltd and Mr Cullen, also of Osberstown House, Naas. Mr Cullen is the firm's sole shareholder and a director of the company. The case was briefly mentioned before Mr Justice Paul Gilligan at the High Court on Thursday, who was informed that the matter would take five days to hear. The judge said that because of the volume of cases waiting to be heard, the court would not be able to hear a five day action between now and the end of July when the legal year ends. Noting that witnesses in Ms Lavin's action have to travel to Dublin from abroad, the judge said he was listing the case for hearing on October 25th next. In her proceedings, Ms Lavin claims she has been a longtime resident of Killegy House which she says is her home. She claims Ulster Bank created a charge over Glencullen's assets in 1999, including Killegy House. In 2009 Glencullen sought additional credit facilities from Ulster Bank to allow it continue to trade during the downturn. The bank, she claims, was unwilling to do this unless €1m was invested in the company. Following the sale of a property they had in Florida for US$7.25m, Ms Lavin said she agreed to advance Mr Cullen €1m so he could pay down Glencullen's liabilities. As part of the arrangement, Killegy House would be sold to her, it is claimed. She said she paid over €757,000 to the company but it has failed to complete the sale of the property to her. She claims she has suffered loss and damage as a result of being deprived of the opportunity to buy the house. After the company was placed in receivership, it secured an order from the Residential Tenancies Board requiring her to leave Killegy House. In her action, she seeks an order for the specific performance directing the sale of Killegy House to her. She also seeks an order prohibiting the defendants from entering into any contract for sale of the property other than with Ms Lavin. Glencullen Properties denies the claims and argues that she is not entitled to any of the orders she seeks. In its defence, the company says it accepts Ms Lavin agreed to advance Mr Cullen €1m so he could loan Glencullen funds to reduce its liabilities. The company denies the monies were advanced as part of an agreement to sell Killegy to Ms Lavin. Glencullen says it never agreed to sell her the premises for any sum of money nor is there any contract of sale between the parties. It also says that at no time prior to May 2013 did Ms Lavin mention any agreement involving her buying the property from Glencullen. The company also says Ms Lavin has failed to comply with the order it obtained requiring her to leave Killegy and has brought enforcement proceedings before the Circuit Court. Mr Cullen has not delivered a defence to the action.
In a High Court case, Michael and Edel Mulvihill of Co Wicklow sued several companies linked to the Ballynagran landfill, alleging that noxious fumes from the site forced them to abandon their home after nearly 25 years of residence. They also claimed damage from floods in 2006 and 2008, attributing the 2008 flood to landfill activities. The defendants, including Ballynagran Landfill Ltd, Grunberg Ltd, and various Greenstar entities, denied the allegations and argued the claims were time‑barred. The case, heard by Ms Justice Carmel Stewart, was adjourned after a brief hearing, with a further adjournment to January 2018 to allow the parties to finalize a confidential agreement. The Mulvihills currently live two miles away in a small wooden chalet without running water, citing ongoing odor problems and health concerns from the landfill fumes. The defendants did not contest the claim against Starrus ECO Holding Ltd.
In a High Court hearing on 25 April 2017, liquidator Declan De Lacy of Arden Forestry Management argued that approximately €700,000 held in a Dubai bank account belonging to GTD International Ltd had not yet been transferred to the Irish liquidator. De Lacy maintained that the funds, which Arden raised from 132 UK investors, were intended for Irish forestry investment but only €200,000 had been spent. He claimed that about €1.5 million of investor money had been moved to a GTD account linked to Arden. De Lacy explained that the Dubai company had been struck off for failing to file returns, preventing the liquidator from retrieving the money. He said he was working to restore the company so the funds could be returned to Ireland and distributed to creditors. Mr Justice O'Connor agreed to adjourn the case to July.
The High Court has dismissed an appeal by the Minister for Communications, Energy and Natural Resources regarding a Freedom of Information Act determination. Mr Justice Seamus Noonan ruled that the Information Commissioner was correct to find that the public interest favoured releasing commercial information about the State's Metropolitan Area Networks (MANs). Journalist Mr Gavin Sheridan, the applicant, had sought access to a concession agreement entered into between the Minister and E-NASC Eireann Teoranta (ENET) to manage and operate the fibre optic infrastructure. While the Minister initially viewed disclosure as in the public interest, they ultimately refused access citing a duty of confidence and commercial sensitivity raised by ENET. The Commissioner upheld Sheridan's appeal, finding that the Minister failed to demonstrate the exceptional circumstances required to justify refusal. The Minister appealed to the High Court, arguing the Commissioner applied an incorrect legal standard and failed to properly balance the public interest. The judge rejected these submissions, stating that the Minister's case merely contended that they had balanced the interests correctly, which is not a matter for appeal on a point of law. The court found the Commissioner's decision was not irrational or outside their discretion, noting that arguments regarding deterrence of future bidders were properly discounted. The appeal was dismissed, upholding the Commissioner's determination that the information should be released.
In a High Court hearing on 6 April 2017, Mr Justice Paul Gilligan granted Publican Frank Gleeson an interim injunction preventing Mercantile Entertainment Group Ltd from dismissing him as CEO or taking disciplinary action based on a company‑commissioned investigation report. The injunction also barred the company from acting on findings in that report, which Gleeson's counsel described as prejudicial, flawed and lacking fair procedure. The injunction was granted ex‑parte and the matter was adjourned to 26 April. Gleeson, a 30‑per‑cent shareholder in Ardan Advisory, has been on gardening leave since December and fears the investigation will damage his reputation and finances. The injunction protects him while the investigation and related commercial court proceedings continue. The injunction does not alter any potential future outcomes of the investigation or other claims pending against him.
TeamDrive Systems GMBH, a German software company that offers secure cloud‑based file‑sharing and syncing collaboration software, has filed High Court proceedings in Ireland against Google Ireland Ltd and Google Commerce Ltd. The company alleges that Google's use of the term "Team Drives" for its own product infringes TeamDrive's registered European Union trade mark. TeamDrive claims that Google re‑branded its Google Drive product as "Team Drives" to expand its presence in the secure enterprise file‑sync and share market, a market in which TeamDrive has operated for many years. TeamDrive seeks an injunction to prevent the alleged copyright breach pending a full hearing. Google, represented by Paul Gallagher SC, has requested a short adjournment to provide responses to the German company's issues. The case was adjourned to next month, with the parties expected to exchange legal documents before the full hearing.
The High Court has dismissed an application by a businessman seeking injunctions to regain control of a golf course property in County Wicklow from a court-appointed receiver. Ms Justice Caroline Costello ruled on Wednesday that the applicant had failed to establish a credible case for trial or demonstrate that financial compensation would be inadequate. The judge found that granting the injunctions would undermine the receivership process. The dispute centres on 126 acres at Coolnaskeagh, Delgany, which form the basis of the golf club business. The defendant fund had appointed a receiver following the applicant's failure to meet a demand for €1.65 million on mortgage arrangements originally entered into with a bank in 2003, 2005, and 2008. The loans were later acquired by the fund in 2015. A property in County Roscommon was among the assets secured against the loans. The case has been adjourned to a date following the Easter recess.
Six major film and TV studios obtained High Court injunctions ordering internet service providers to block websites that facilitate illegal downloading of their content. Mr Justice Brian Cregan was satisfied that evidence showed clear breaches of the studios' copyright and that the orders would not constitute a breach of lawful internet use or be disproportionate. The injunctions target ISPs including Eircom, Sky Ireland, Vodafone Ireland, Virgin Media Ireland, Three Ireland, Digiweb, Imagine Telecommunications and Magnet Networks, all of whom had not opposed the application and had adopted a neutral stance. The studios, members of the Motion Picture Association, argued that up to 1.3 million users in Ireland may be illegally accessing their films, costing the industry hundreds of millions annually, leading to job losses and revenue loss. The judge granted orders requiring the ISPs to block or disable access to several "streaming" sites such as movie4k.to, primewire.ag and onwatchseries.to.
A dispute over the award of the contract to operate tolling operations on the M50 motorway has been admitted to the fast track Commercial Court list. The action has been brought by TransCore LP against the National Road Authority operating under the name Transport Infrastructure Ireland over a contract worth between €200m and €400m. In its action, TransCore seeks various orders including one setting aside the Authority's decision to award a consortium called Turas the contract for the next generation eflow tolling operations and any future toll points on the M50 road network. It also seeks declarations from the court that the decision to award the contract to Turas fails to comply with the requirements of public procurement law and EU Directives relating to the award of contracts to operate public works. TransCore further seeks a declaration that the decision to award the contract to Turas, which was made on February 28th last, is invalid.
Jackie Lavin and Osberstown House Naas Co, acting as applicants, are involved in High Court proceedings against Bill Cullen and Glencullen Properties Ltd regarding an alleged €1m property deal. Ms Lavin claims she advanced funds to Cullen to reduce company liabilities, with the understanding that Killegy House in Co Kerry would be sold to her. She alleges she paid €757,000 but the sale was not completed, causing her loss. She seeks specific performance of the sale and an injunction preventing the defendants from selling the property to others. The defendants deny the existence of a sale agreement. Glencullen Properties Ltd argues that while it accepts the loan was advanced, it never agreed to sell the premises to Ms Lavin and asserts no contract of sale exists. The company further contends that Ms Lavin signed a statutory declaration disclaiming any interest in the company's assets, including Killegy House, and failed to comply with a Residential Tenancies Board order requiring her to vacate the property. Cullen has not delivered a defence. The matter was heard before Mr Justice Tony O'Connor, who addressed a preliminary issue concerning the timing of document discovery from Ulster Bank, which is not a party to the case. A timetable for exchanging materials was agreed upon. The case was adjourned and will be mentioned before the court at the end of April.
The Charleton Tribunal, convened to probe a smear campaign against whistleblower Maurice McCabe, opened a hearing on March 30, 2017, where it accepted applications for legal representation from 12 parties, including the Garda Commissioner, former Justice Minister Alan Shatter, and various media organisations. Justice Peter Charleton explained that anyone whose reputation could be affected by the tribunal's findings may apply for representation, and he would decide eligibility later. The hearing highlighted disputes over journalistic privilege, with journalists asked to disclose whether they possessed information of value to the tribunal before privilege could be considered. Lawyers for McCabe and former press officer Dave Taylor expressed concerns that a single legal team representing the Commissioner and senior Gardaí might hinder independent testimony. Other Gardaí, such as Sergeant Yvonne Martin and Sergeant Brigid McGowan, also sought representation.
A High Court challenge has been initiated by Highfield Solar Limited against An Bord Pleanala regarding the refusal to approve a solar power generating facility in the South East. The application seeks to overturn the planning authority's decision to deny permission for the Grahormick Solar Farm, a 90 hectare site near Killinick in Co Wexford. The proposed development includes a 38kv electrical substation, solar PV panels mounted on steel supports, and associated infrastructure. The company argues that An Bord Pleanala abdicated its responsibility by refusing the application on the basis that it would be premature to proceed without a national or regional strategy for solar developments. It also claims that irrelevant considerations were taken into account and that the decision is inconsistent with previous approvals for similar projects in other areas. Highfield Solar Limited seeks declarations that the board failed to provide adequate reasons for its decision and that it acted ultra vires. Permission to bring the action was granted ex-parte by Mr Justice Seamus Noonan, with the matter to be returned for hearing in May.
A High Court judge, Justice Tony Hunt, said he intends to endorse a European Arrest Warrant that would send Ian Bailey to France to face trial for the intentional homicide of Sophie Toscan du Plantier. He will wait for submissions from Bailey's legal representatives on Thursday before making a final decision. Justice Hunt clarified that endorsing the warrant is not an endorsement of any other matter. If the warrant is endorsed, further hearings will decide whether to send Bailey to France. Bailey denies any involvement in the death and objects to the extradition, alleging a Garda conspiracy to frame him. French authorities have already served Bailey with an indictment and seek his trial in France for the alleged voluntary homicide of Ms. Toscan du Plantier, who was found beaten to death outside her holiday home in Schull, west Cork, in December 1996.
In March 2017 the High Court granted Peter Mulryan leave to sue Tusla, the Child and Family Agency, to obtain information about his sister Marian Bridget Mulryan, who is believed to have died at the Tuam Mother and Baby Home. Mulryan, a retired ESB technician from Derrymullen, Ballinasloe, seeks a declaration that communications sent to his solicitor in 2016 created a legitimate expectation that Tusla would investigate all records concerning his sister. He also requests an order for Tusla to provide a printed booklet of all documentation it holds about St Mary's Home, including burial records, admission books, death certificates, adoption documents and correspondence. The court adjourned the matter for four weeks and confirmed that Tusla's offer to allow Mulryan to inspect scanned materials remains open. The case is still pending before the court.
The High Court has reserved judgement on an application by a man in his 50s, who claims links to Islamic terrorism, to appeal a deportation order. He argues he faces serious risk of ill treatment and torture if returned to his native country, citing his political views. Earlier, Mr Justice Richard Humphreys dismissed his challenge to the Minister's decision to deport him, following Garda Síochána's report that his activities and associates were of serious concern and contrary to the State's security. The man, who has been convicted of terrorism offences in France and his native country, is currently serving a prison sentence in Ireland for false travel documents and is due for release soon. He contends his exclusion is unlawful under EU law and Article 3 of the European Convention on Human Rights, and that the Refugee Appeals Tribunal found he would be at risk of serious harm if returned.
Aer Lingus was fined €250,000 after a cargo driver, John Murray, aged 55, died from head injuries when he fell while climbing down a loading dock at Dublin Airport on 5 November 2014. The company admitted it had allowed non‑employees to access the loading bay by climbing onto a three‑foot high dock, a practice that had become routine. The court found Aer Lingus failed to implement written procedures to protect drivers from the risk of falling and to manage access to the loading bay. Judge Martin Nolan noted the death was devastating for the Murray family and that the company had a generally good safety record, but the offence carried a maximum fine of €3 million. The judge imposed the €250,000 fine, citing the company's early guilty plea and apology. The Murray family has lodged a claim for damages in the High Court.
An application to endorse a European Arrest Warrant for Ian Bailey, aged 61, for the alleged voluntary homicide of Sophie Toscan du Plantier will be heard at the High Court tomorrow. Bailey denies any involvement in the French woman's death. Justice Tony Hunt adjourned the hearing when Bailey's legal team did not appear for the 10 am hearing. Ronan Kennedy BL, counsel for the attorney general, said Bailey's solicitor was served notice of the High Court hearing on 16 March, four days ago, and that the hearing could proceed without him or his legal representatives but that any submissions on the European Arrest Warrant should be made to the court. Kennedy added that he was surprised no one was in attendance. Justice Hunt said Bailey and his legal representatives are "on notice" that the hearing will proceed tomorrow.
The owner of a meat processing plant in Lifford, County Donegal, has given a sworn undertaking to the High Court that he will vacate the premises. Liam McGavigan, who owns the facility formerly operated by Edenmore Farm Meats Ltd, made the commitment before Mr Justice Paul Gilligan on Tuesday following a lengthy dispute over possession of the plant. AIB appointed a receiver to the property after alleging Mr McGavigan failed to repay substantial loans, with the bank securing a judgment against him for approximately €1.9 million. The plant ceased operating in October following an occupation by individuals disputing the receiver's appointment. Mr McGavigan, representing himself, claimed the occupation was undertaken to ensure local farmers were paid amounts allegedly owed by Edenmore and disputed AIB's allegations of conspiracy. He had sought additional time to remain on the premises, but the judge refused this application. The court has directed that Mr McGavigan be permitted to remove personal items from the plant.
An application by Peter Mulryan, a 73‑year‑old man from Derrymullen, Ballinasloe, seeks information about his infant sister Marian Bridget Mulryan, who is believed to have died in February 1955 at St Mary's mother and baby home in Tuam. Mulryan has brought proceedings against Tusla, requesting any material that may exist concerning his sister. Tusla claims it has provided all information it knows and has made its records available to the Commission investigating the Tuam home. The case was returned before Mr Justice Richard Humphreys, who considered whether to grant permission for a full hearing or a telescoped hearing combining the leave application and the full hearing. The judge adjourned the matter to allow Mulryan's lawyers to consider further amendments to the statement of grounds. The adjournment gives the parties time to clarify the orders sought. The court had previously adjourned the leave application several times to clarify the exact orders being requested.
In March 2017 the High Court heard that Masterlift Ireland Ltd had ceased its legal action against Royal Goldstein III Ltd over a leased premises in Greenogue Business Park, Rathcoole. Masterlift had obtained a temporary injunction in January to prevent RGL from interfering with its access after the company claimed it had been locked out of a 60,000‑sq‑ft unit it had used since 2008. RGL denied wrongdoing and opposed the injunction. Settlement talks failed, leading the court to order the discontinuance of the proceedings. Masterlift was directed to serve a notice of discontinuance, while RGL was entitled to its legal costs. The case had been adjourned several times to facilitate talks, and the injunction had been granted after Masterlift alleged substantial disruption to its business. The premises had previously been placed in receivership after loans from Ulster Bank were sold.
Lisa Smith, 36, of Harelawn Park, Clondalkin, Dublin, pleaded guilty at Dublin Circuit Criminal Court to possession of cocaine, heroin, MDMA and ketamine on 1 April 2016. Garda Gavin Curran reported that a search warrant led to the discovery of €210,000 of drugs and a cocaine press under a kick board in Smith's kitchen. Smith admitted the items were not hers but accepted responsibility. Curran said one or two men had entered Smith's house to use the kitchen for drug‑bagging, paying her €50 each time. He described Smith as vulnerable and living alone, and noted she had no prior convictions. Curran agreed with the defence that Smith had been "asked or pestered" and "afraid not to comply." Judge Melanie Greally adjourned sentencing to May to allow a Probation Report, with a full plea in mitigation expected next time.
A Circuit Court judge ordered that two prisoners sharing the same name be brought to court to confirm their identities after allegations that they had been swapping charge sheets to confuse the Prison Service. One of the men was scheduled to appear before the Dublin Circuit Criminal Court, but the wrong prisoner was produced, marking the fourth such incident. The judge, Melanie Greally, expressed disbelief and requested a representative from Cloverhill Prison to explain the situation. A Prison Service officer confirmed that two inmates with the same name are housed at Cloverhill, one born in December 1976 and the other in March 1971. The charge sheet presented was for one count of attempted robbery at a Dublin city centre hotel in 2014. Judge Greally directed that both men be brought to court the following day, and that the legal team for the scheduled defendant meet with both prisoners in the cells to identify the correct individual.
In a Family Court hearing on 6 March 2017, a husband applied for an emergency protection order against his wife, claiming she had made his life a "total nightmare" through alleged domestic abuse. He presented a video in which their three young children said, "Daddy hits Mummy every day," and that they intended to become doctors and gardai to protect their mother. The husband denied ever striking his wife, stating, "I never hit her. She is trying to destroy me," and expressed fear of her future actions. He also alleged that his wife threatened to have him jailed, claiming that in Ireland a woman is believed even if she lies. Judge Brendan Furlong rejected the application, noting the husband had not alleged violence and therefore could not be granted an emergency protection order. The judge set a date for a hearing on a separate matter. The husband's request was denied.
Two families, Margaret and Joe Moorehouse and Sharon and Michael O'Brien, have filed separate High Court actions against Wicklow County Council. They have lived in caravans at an unserviced site on Burnaby Road, Greystones, since last July, lacking basic services such as running water. The families applied for housing in 2013 and have been on the council's list since 2014, but have not received any response to their emergency accommodation requests. They argue the council's failure to respond breaches the State's obligations under the European Convention on Human Rights and infringes their constitutional rights. The actions seek orders directing the council to consider and decide their applications for emergency homeless accommodation through social housing support. Permission to proceed was granted ex‑parte by Mr Justice Seamus Noonan, with the case scheduled for a May hearing.
Clare Leonard, a former District Court judge who served from 1992 until her retirement in 2013, passed away after a brief illness. She was best known for her extensive work in the Children's Court at Dun Laoghaire, where she approached each case with sensitivity, intelligence, and patience. Leonard also contributed to legal scholarship, writing on xenophobia and racism. Judge Rosemary Horgan, president of the District Court, praised Leonard for treating every child, case, and parent as unique and for recognizing the importance of detention as a last resort. At a Dublin court session, Judge Gerard Furlong announced Leonard's death, expressing regret that she could not enjoy a longer retirement. Judge Deirdre Gearty also lamented the brevity of her retirement, noting Leonard's courteous nature and dedication to her role. The court staff and colleagues mourned her passing, highlighting her significant impact on the legal community.
Dozens of Irish hauliers have filed damages claims in the High Court against five major European truck manufacturers—MAN, Volvo Renault, Daimler, Iveco and DAF—alleging that they colluded for 14 years to fix prices for medium and heavy trucks and to pass on the costs of stricter emission‑compliance technologies to customers. The claims stem from a July 2016 European Commission determination that the manufacturers breached EU anti‑trust laws, resulting in record fines of €2.93 bn, except for MAN which had disclosed the cartel. The hauliers, represented by Paul McGarry SC and solicitor Evan O'Dwyer, seek damages, including exemplary and punitive amounts, compensation under the Competition Act and Article 101 of the EU Treaty, and a declaration that the defendants engaged in unlawful cartel activity. The proceedings also name Irish dealerships, Scania, and several financial institutions involved in lease arrangements. The judge adjourned the cases to late April to allow the parties to progress the actions.
An application for a judgment of €8.7 million has been admitted to the fast‑track Commercial Court list. The claim is brought by Seaconview Designated Activity Company against Mr John Lally, who resides at Drimcong House, Moycullen, Co Galway. Seaconview alleges that in 2006 Mr Lally, as a director of Brackville Holdings Limited, entered into an Interest Shortfall Agreement in which he unconditionally and irrevocably guaranteed Brackville's obligation to pay interest on loan facilities. The agreement also required Mr Lally to pay lenders on demand any interest due if Brackville failed to pay. In September 2015 Seaconview acquired the loans, and in 2016 demanded €88.1 million from Brackville. When the demand was not met, a receiver was appointed, the properties were sold, and the proceeds were used to reduce Brackville's liabilities. Seaconview claims that €8.7 million of interest remains unpaid by Mr Lally and has demanded payment.
A dispute over €2.69 million in interest owed to Dengrove DAC by Lington Development Ltd has been admitted to the fast‑track commercial list of the High Court. Lington, which had owned 25 % of the Burlington Plaza office block in Dublin 4, transferred its interest to AIB in 2007, which was later taken over by NAMA, and sold that interest to Dengrove earlier this year. Dengrove demanded full repayment and threatened to appoint a receiver over Lington's interest; Lington obtained a temporary injunction that was later discharged. Lington claims it has sold its interest and paid over €45 million to Dengrove, while Dengrove insists it is owed more than €47.6 million, leaving €2.69 million outstanding after interest and costs. Both parties consented to the case being admitted, and the judge adjourned the matter to June.
A financial fund, Beltany Property Finance DAC, is seeking a summary judgment of more than €134.5 million against developer Gerry Maguire and several companies of which he is a director. The claim arises from alleged failures to repay loans that were originally advanced to Mr Maguire and the companies by Anglo Irish Bank, and later acquired by Beltany from NAMA. In the first set of proceedings, Beltany seeks €128.9 million from Mr Maguire and the companies Parolen Ltd, Parol Hotel Ltd, Parol Ltd, Park Street Hotel Ltd, Parol (Two) Ltd, Tripes Fashion Ltd and Bellaben Ltd, all of which are in receivership. Beltany alleges that Mr Maguire entered into multiple loan agreements with Anglo Irish Bank between 2007 and 2009, and that he guaranteed payment on written demand for all monies due. After acquiring the loans, Beltany sent letters of demand in June 2015, which Mr Maguire allegedly failed to satisfy.
A High Court hearing_or_decision has concluded in the case of Jimmy Bishop (55) from Nangor Road, Clondalkin, Dublin, who brought a damages claim against An Post following the Tiger Kidnapping of the family of Mr Liam O'Sullivan, an An Post executive, on April 7th 2011. Mr Justice Raymond Fullam dismissed the claim, finding that Mr Bishop did not suffer from Post Traumatic Stress Disorder (PTSD). Mr Bishop, a patrolman at the GPO in Dublin City Cente, alleged that An Post failed to provide adequate training, a safe working environment, or sufficient aftercare following the incident. He also claimed that the company did not have a comprehensive response plan for Tiger Kidnappings. An Post denied all the claims. The judge noted that while training on Tiger kidnappings should have been provided, there was no evidence that Mr Bishop suffered from PTSD. The judge also rejected claims that aftercare was insufficient and stated that Mr Bishop's actions may have saved Mr O'Sullivan's wife's life. A full written judgement will be delivered later this week. The matter was adjourned for any outstanding issues.
A new dispute over the sale of a 25% share in the Burlington Plaza office block in Dublin 4 has been brought before the High Court. Coolbrook Developments, which owns 50% of the property, has sued Percy Nominees Ltd, the other shareholder, seeking injunctions to stop the sale until a mutually agreed third party is appointed to manage the process and to ensure the buyer is at arm's length. Coolbrook's complaint stems from a prior sale of Lington's Development Ltd's 25% share to Davy Target Investments plc, which Coolbrook alleges was conducted improperly and breached the co‑owners' agreement that requires arm‑length buyers. Coolbrook also claims that Davy or its subsidiaries were not arm‑length parties. Lawyers for Percy denied all allegations, arguing there was no evidence to support Coolbrook's claims. The court struck out the injunction application against Percy but allowed Coolbrook to re‑enter the proceedings with 24‑hour notice.
Carol Sheridan, a 55‑year‑old clerical officer with 37 years at Irish Rail, was dismissed on safety grounds after a random breath test on 27 September 2023 recorded 50 µg per 100 ml, above the company's 35 µg threshold. She was initially suspended, then dismissed following a disciplinary process. Sheridan argues that no serious safety issue was identified and that she had not consumed alcohol at work, only the night before. She appealed the dismissal; a Disciplinary Appeal Tribunal set it aside on condition she received a written warning and underwent random testing, which she accepted and returned to work in December. The company, citing safety concerns, refused to comply with the tribunal's decision and sought to dismiss her again. Sheridan's union requested clarification of the safety issue, but Irish Rail maintained its position. The case was adjourned to May, with Sheridan to receive her salary pending the hearing.
The High Court has granted a Mareva injunction freezing assets valued at €2.37 million belonging to a County Galway man, following allegations that he provided false evidence during examination before the Master of the High Court. AIB Mortgage Bank obtained the order against Joe McCaul of Roveagh Kilcolgan and two others. The bank claims Mr McCaul denied involvement in collecting rental income of approximately one million euros from properties between January 2012 and July 2015, stating instead that agents of a private trust handled such matters. However, AIB contends this contradicts documentary evidence, including rent receipts signed by Mr McCaul and records of agreed rent reductions. Mr McCaul owns a shopping centre in Clarinbridge and properties across Galway and County Cavan. A receiver was appointed over the properties following a judgment of €2.37 million obtained in 2015. Similar asset-freezing orders were also granted against Mr McCaul's wife and another individual. Mr Justice Paul Gilligan adjourned the matter for one week.
In a High Court case, the Irish Medical Organisation (IMO) and a junior doctor, Dr Gabriel Beecham, settled a challenge to the 2012 abolition of the €61‑per‑week Living Out Allowance for non‑consultant hospital doctors (NCHDs). The allowance, amounting to about €3,190 per year, had been paid to NCHDs who did not receive free accommodation. The IMO argued that the abolition breached a 2010 settlement agreement that guaranteed the allowance, and that section 22(4) of the 2004 Health Act did not authorize the government to remove it. The case, which had been adjourned for settlement talks, was resolved before Mr Justice Paul Gilligan, with the government and HSE consenting to strike it out. The settlement ended the dispute over the allowance's payment to junior doctors.
The High Court heard an application on Monday seeking to extend the bankruptcy of a County Monaghan farmer by ten years. John Hoey, from Carrickmacross, was declared bankrupt in February 2016 following a petition by John Kelly Fuels Ltd for €262,000 and was due for discharge this month. The Official Assignee, Chris Lehane, represented by Bernard Dunleavy SC, contends that Mr Hoey has failed to cooperate with the bankruptcy process and seeks an order under the 2015 Bankruptcy (Amendment) Act to extend the bankruptcy by a decade, the maximum extension allowable being fifteen years from adjudication. Appearing in person, Mr Hoey requested an adjournment, stating he had only recently received documentation and was securing legal representation. Mr Justice Paul McDermott adjourned the matter to after Easter and made a temporary extension order pending the court's next sitting.
A man deliberately damaged clothing in Penneys stores and obtained cash refunds by exploiting the retailer's returns policy, Dublin Circuit Criminal Court heard on 17 February 2017. Patrick Quinn, aged 36, of Drumlish, Co Longford, pleaded guilty to inducing refunds totalling €392 across eleven transactions at Penneys branches in Blanchardstown during April and May 2015. Garda Stephen Walsh told the court that security staff provided CCTV footage showing Quinn damaging a jacket before presenting it for a refund without a receipt. Quinn admitted to deliberately tearing items including suit jackets after discovering the stores did not require receipts for damaged goods. His defence counsel outlined Quinn's struggles with gambling addiction, which intensified following his father's death in 2000, and noted his previous convictions related to theft. The court heard Quinn had undertaken residential treatment in 2013 without sustained improvement. Judge Melanie Greally adjourned sentencing until May to permit preparation of a probation report.
In a Family Court hearing on 17 February 2017, Judge Fiona Lydon ordered that a girl whose parents have struggled with addiction and incarceration be placed in long‑term care with the State. The child, who has lived with a foster family for several years, will remain in that placement until she turns 18. The court heard that the girl had witnessed her mother's drug use and mental health problems, and that the mother had not visited her for over a year. A Tusla social worker noted the girl's distress over the lack of contact and her desire to stay with her foster family. The girl's guardian, who represents her interests, confirmed that the child is happy in her current placement and wishes to remain there until adulthood. The father, who has been clean for nearly 18 months, was granted joint guardianship. The order places the girl under Tusla's care until she reaches the age of majority.
In a High Court ruling on 17 February 2017, Mr Justice Michael White overturned a Circuit Court award of €40,000 to hillwalker Teresa Wall, who had fallen on a boardwalk on the Wicklow Way in August 2013. Wall had sued the National Parks and Wildlife Service (NPWS) claiming negligence under the 1995 Occupiers Liability Act, arguing that the boardwalk's deteriorated sleepers created a trip hazard. The Circuit Court had found the NPWS negligent and awarded damages. In his judgment, the High Court held that the duty of care under the Act was not absolute, noting that experienced hillwalkers are expected to exercise vigilance on isolated trails. The judge found that Wall's own lack of attention contributed to her fall, and that the NPWS was not negligent for not filling the boardwalk's indentations or replacing the sleepers. The decision was adjourned for two weeks to allow parties to consider the implications.
Linda Wall, 37, pleaded guilty to attempted robbery at a Luas stop in June 2015 after a drug dealer urged her to steal a mobile phone to pay part of a debt. The court heard she was hopelessly addicted to "snow blow" and had 16 prior convictions. Judge Melanie Greally noted a positive probation report but said Wall had not fully dealt with her addiction, adjourned the case to October to monitor progress, and urged her to continue improving. Garda Denise Bowes reported the victim, a Chinese woman, was speaking on her phone when Wall tried to take it, resulting in a physical assault that caused swelling but no hospital treatment. Wall denied intending to injure the victim and claimed the dealer's instructions. Marie Torrens, defending, highlighted Wall's nursing aspirations, her daughter's death, and her recent positive changes, hoping she will resume her nursing career.
In February 2017 the High Court set aside a €6.9 million judgment that had been entered against Eugene McDermott, a stud farmer from Kildare, in favour of the Bank of Scotland. Mr Justice Max Barrett ruled that the judgment, delivered in July 2013 by Mr Justice Peter Kelly, should be reheard because McDermott was in very poor mental health at the time the bank applied for judgment and had no recollection of being served with the documents that formed the basis of the claim. McDermott had not been present in court and could not obtain legal representation due to his illness. The judge noted that the court had not been aware of McDermott's health condition when the original judgment was made. Barrett therefore set aside the judgment and ordered that the bank's application for summary judgment be reconsidered, with a re‑hearing to take place later in the year.