Paul Kavanagh, a 25‑year‑old shop worker, admitted to stealing almost €54,000 from the Londis store where he worked by creating fake Lotto wins. He spent the money on take‑aways, taxis and cannabis, as his counsel noted. Kavanagh pleaded guilty to theft from owner Ray Sheehan between 2014 and 2015 and was also found with a small amount of cannabis at his home. Judge Melanie Greally adjourned the case to January 13th next year, allowing Kavanagh to repay €1,000 a month to the shop owner and to pay €3,600 within three days from his savings. The court's decision gives him a chance to avoid jail by repaying the stolen funds. The case remains at the Dublin Circuit Criminal Court stage.
In a High Court hearing on 19 July 2016, Mr Denis O'Brien's application to obtain documents from a Dropbox account belonging to an employee of Red Flag Consulting was struck out after the parties reached an agreement. The agreement provided that Dropbox would supply the material, described as relating to a dossier distribution, to the defendant, and that the material would be subject to any court‑ordered discovery. Mr O'Brien also agreed to indemnify Dropbox for its costs. Red Flag, which had opposed the discovery motion, did not accept Mr O'Brien's description of the material. The judge, Mr Justice Colm MacEochaidh, struck out the motions against Dropbox Inc and Dropbox Ireland, ruled that Red Flag was entitled to its costs for the motion against Dropbox, and placed a stay on that order pending the final outcome of the action. Both parties sought costs in respect of the motion.
In a High Court decision on 19 July 2016, the court dismissed a damages claim brought by John Cash, represented by his mother Mary, against Fingal County Council. The claim alleged that the council was negligent because it failed to cover an uncovered manhole on Old Ashbourne Road, Co. Dublin, where a five‑year‑old boy, John, had fallen on 20 April 2010, sustaining serious injuries including a fractured left arm that required surgery. The council denied negligence, arguing that medical accounts of the incident varied and that evidence was inconsistent. The judge, Mr Justice Paul McDermott, found that while the boy had indeed suffered serious injuries, the claim of council negligence was not proven on the balance of probabilities. The court dismissed the appeal, awarded the council its costs, and made no orders regarding the Circuit Court's costs. The case was previously dismissed by the Dublin Circuit Civil Court.
In a High Court hearing on 18 July 2016, Mr Justice Raymond Fullam temporarily extended the bankruptcy of retired solicitor Brian O'Donnell and his wife Mary Patricia, which was due to end later that month. The extension was sought by Official Assignee Mr Chris Lehane on grounds of alleged non‑cooperation, including the couple's failure to file a statement of affairs until two‑and‑a‑half years after their 2013 adjudication. O'Donnell and his wife, who is seriously ill, denied the allegations and opposed the extension. They argued that the bankruptcy had already lasted about six years and that an extension would be unfair. The court noted that the maximum extension could be five years and that the matter would be heard as soon as possible, with the next hearing expected in October.
In a High Court hearing on 14 July 2016, Ms. Deirdre Foley and D2 Private challenged the seizure of privileged and confidential documents by inspectors from the Workplace Relations Commission (WRC). The inspectors had entered D2's Harcourt Terrace office in May 2016, following the 12 June 2015 redundancies at Clerys Department Store, and removed a laptop and various documents, including invoices. Foley argued the inspectors had no lawful authority to enter the premises or seize materials, citing the 1977 Protection of Employment Act and the 2015 Workplace Relations Act. She claimed the seized laptop contained privileged, highly confidential data and that a forensic copy of its contents had been retained. The WRC and inspectors maintained that their actions were within statutory powers and served the public interest. Judge Michael Twomey reserved judgment, to be delivered later.
The inspectors, acting under the Workplace Relations Commission, have asked the High Court to dismiss a challenge to their investigation into the collective redundancies of over 460 Clerys workers. They argue that the seizure of documents and a computer from D2 Private Ltd's offices in May was lawful under the 1977 Protection of Employment Act and the 2015 Workplace Relations Act, and that the action was in the public interest following the "traumatic" redundancies. D2 and Ms Foley have contested the inspectors' powers, claiming the seized materials were not relevant to the investigation and that the inspectors breached their clients' privacy. The inspectors maintain that a director's pack containing detailed information about Clerys employees was supplied by a D2 employee and that the pack was essential to the inquiry. The hearing before Mr Justice Michael Twomey is ongoing and is expected to conclude tomorrow.
In a High Court hearing on 12 July 2016, inspectors from the Workplace Relations Commission sought documents from D2 Private Ltd after learning that a 'directors pack' containing financial details and personal information of Clerys department store workers had been issued by D2 before the store's sale to Natrium. The pack, which listed 460 employees' names, birth dates, service years, holiday entitlements and earnings, was allegedly supplied to OCS Operations Ltd directors by a D2 employee. D2 Private and Ms Deirdre Foley challenged the inspectors' powers, claiming the seizure of documents was unlawful and that they were not the employer of the workers. They sought the return of the materials, damages for misfeasance and a declaration that the inspectors acted outside their remit. Natrium, a notice party, supported the application. The hearing also featured testimony from former Clerys employee John Crowe, who highlighted the impact of the store's closure on his personal life.
In a brief appearance before the High Court on 11 July 2016, bankrupt developer John McCabe Snr and his wife Mary were processed through the statutory sitting phase of their bankruptcy. Judge Caroline Costello confirmed that the court‑appointed bankruptcy officer, Mr Chris Lehane, now formally owned the couple's assets and would administer their estate. The judge also issued a Section 85 order directing the couple to pay €680 per month to the official assignee until September 2018, with the proceeds going to creditors. The McCabes, who were not represented, consented to the payment order. Their son, John McCabe Junior, was absent but was expected to attend the statutory sitting later that month. The hearing was part of a broader group of 16 individuals, many self‑represented, who made similar brief appearances, with payment orders ranging from €278 to €2,900 per month for 14 to 18 months.
In a brief hearing at the High Court, Justice Caroline Costello granted a temporary order extending the bankruptcy of developer Sean Dunne. The extension was sought by Official Assignee Chris Lehane on the grounds of alleged non‑cooperation by Dunne, who was due to exit bankruptcy at the end of the month. The judge, hearing only the assignee's side, ordered the extension to last until a further court order. The application will be considered again in October when the courts resume after the summer recess. The extension is part of the maximum five‑year period that an official assignee may seek under Irish bankruptcy law. Dunne's bankruptcy, originally adjudicated in July 2013 following a default on loans of about €164 million, remains in force pending the next court hearing. The case is still pending and no further outcome has been announced.
In a High Court hearing, inspectors from the Workplace Relations Commission (WRC) argued that the legal and factual status of 460 workers laid off from Clerys Department Store in June 2015 is "inextricably linked" to events involving D2 Private Ltd and its director, Ms Deidre Foley. The inspectors, who entered D2's Harcourt Terrace offices in May and seized documents and a computer, claim that Ms Foley and other parties were directly involved in the decisions leading to the redundancies. D2 and Ms Foley contest the inspectors' authority under the 1977 Protection of Employment Act and the 2015 Workplace Relations Act, asserting that the powers used were unconstitutional and that they were never the employers of the Clerys workers. The inspectors maintain that their investigation is a "public interest" inquiry into the commercial transaction that transferred Clerys to Natrium Ltd, a joint venture of D2 and Cheyne Capital Management.
In July 2016, Andrew Law (82) and his wife Joanna (76) reported that 18 months after winning a High Court appeal against the Financial Services Ombudsman (FSO) for mis‑selling an investment, they were still awaiting a decision on their complaint. The couple had lost €192,000 on an investment in the "Evergreen Fund" after selling a property and investing €800,000 under pressure from Bank of Ireland. The High Court had found that the FSO had erred in its reasoning but had not ruled the complaint out. The Laws now seek a High Court order directing the FSO to rehear the complaint, warning that if the delay continues they may pursue a motion for attachment and committal of the FSO. The FSO maintains that the investigation is ongoing and that the complaint has not been put to the back of the queue. The case remains pending with no oral hearing date set.
In a Dublin Circuit Criminal Court hearing, Carol Sanders, aged 50, pleaded guilty to producing a weapon likely to intimidate her mother, Mary Sanders, after a jealous attack on 24 November 2015. Sanders, an alcoholic with a personality disorder, held a carving knife to her mother's throat and later to her chest, saying "You have to die," after learning her sister and uncle were returning from Canada. She also kicked her mother, tried to choke her, and threw a dinner plate in rage. The court considered two other charges of producing a weapon and an assault. Mary Sanders escaped, alerted Gardaí, and obtained a barring order. Sanders spent two months in the Dóchas Centre, now lives in supervised accommodation, and has increased medication and abstained from alcohol. The case was adjourned for sentencing to 24 October.
Professional boxer Jamie Kavanagh, aged 26 and now based in the UK, has a new trial date set for 14 June 2017 for a violent disorder charge. The alleged incident took place at Harcourt Street on 23 September 2014. The trial, originally scheduled to start the following week at Dublin Circuit Criminal Court, was adjourned by consent because a witness was ill. Judge Melanie Greally instructed the defence to inform Kavanagh of the new date, and the trial is expected to last two to three days.
In a High Court hearing set for 7 July, D2 Private Ltd and its director, Ms Deidre Foley, will challenge the authority of inspectors from the Workplace Relations Commission and An Garda Siochana to enter their offices and seize documents during an investigation into the collective redundancies at Clerys Department Store. The inspectors, appointed after Clerys' closure in June 2015, entered D2's premises in May and took various materials, including correspondence with liquidators and former directors of OCS Operations. D2 and Ms Foley argue that the inspectors lack the power to enter their premises or lawfully take the requested computer and materials, and that only documents relevant to the investigation may be seized. The case also involves a parallel challenge by Natrium Ltd, a joint venture that acquired Clerys, which seeks to contest the inspectors' powers and claims some materials are privileged.
In a High Court hearing on 1 July 2016, Rotunda Hospital apologised to Sarah Quigley and David Harding for the death of their son David, who was delivered stillborn on 2 September 2010. The apology, read by the hospital's staff and management, acknowledged shortcomings in the management of the late stages of Ms Quigley's pregnancy and expressed sincere regret for the grief and distress caused. The hospital's apology was part of a confidential settlement of the couple's action against the hospital, which had alleged that the hospital failed to recognise placental insufficiency and failed to act, resulting in the infant's death at 40 weeks. The couple, represented by solicitor Daniel Hughes, welcomed the closure of six years of litigation and expressed gratitude for the justice achieved. The hospital denied the claims in its defence. The settlement terms remain confidential.
In a High Court case, 32‑year‑old singer Rachel Prior, known as 'Rachy P', was awarded €64,300 in damages after slipping and falling at a Dunnes Stores outlet on Henry Street, Limerick, on 6 December 2008. Prior claimed she fell onto her back after stepping onto a white liquid, suffering neck and lower‑back pain. The court found Dunnes Stores negligent, accepting expert evidence that the floor was shiny and a spill would not have been visible. The judge did not find contributory negligence and described Prior as a truthful witness. Medical evidence showed some injuries had resolved but lower‑back pain would continue. The award included legal costs, with a stay applied pending payment of €30,000 and €20,000 toward costs. Dunnes sought a stay on appeal, but Prior's lawyers opposed it as a tactic.
An interim examiner, Mr Kieran Wallace of KPMG, was appointed by the High Court to oversee four companies that run the Dobbins restaurant in Dublin and the Becketts Hotel & Restaurant in Leixlip. The group, employing about 60 people, sought court protection because of cash‑flow problems caused by lost business contracts and historic bank debts. The companies, which acquired their assets during the Celtic Tiger boom, now carry a high level of debt. Mr Wallace was appointed after an Independent Expert's Report indicated the companies had a reasonable prospect of survival if a scheme of arrangement with creditors were approved. The scheme would involve restructuring bank debt, paying a dividend to creditors, securing new investment and leasing the premises on the open market. The case is set to return to the court in July. The main creditors are the Revenue Commissioners and KBC Bank.
In a High Court case, Fergus O'Connor, owner of an equestrian centre in Dunmoe, Navan, challenged Offaly County Council's renewal of a national waste collection permit for Tag A Bin Ltd. O'Connor alleged that the waste site's operations were polluting the environment and posing health risks to his clients, workers, and horses, and that the site was within 600 metres of the River Boyne and River Blackwater Special Areas of Conservation. He claimed the council had failed to conduct proper screening, complied with EU Habitat Directives, and had no statutory authority to act as the National Waste Permit Collection Office. O'Connor sought orders quashing the renewal, declarations that the council acted beyond its powers, and that it had no jurisdiction in Meath. The case was heard ex‑parte by Mr Justice Richard Humphreys, who granted O'Connor permission to proceed and set a return date for October. Tag A Bin Ltd and Meath County Council were named as notice parties.
The Commercial Court declined to fast‑track a claim by Berlin‑based W2 Filmproduktion Vertriebs GmbH against Irish film producers Morgan O'Sullivan and James Flynn. W2 alleges that the producers diverted €25 million of revenue from Octagon Films Ltd, a company in which W2 holds 49 percent, by transferring funds to themselves or to corporate entities they control. The defendants deny the allegations, calling them unfounded and an affront to their good character. W2 sought a fast‑track hearing, but the defendants argued that W2 had delayed in bringing the action and had not sought permission for a derivative claim. Judge Brian McGovern found that, based on correspondence dating back to July 2015, W2 had indeed delayed and was therefore not entitled to fast‑track status. The case will now proceed on the regular court lists. The defendants are directors of Octagon and have produced notable television series and films.
Lucas Lima, a 25‑year‑old Brazilian language student, admitted to transporting a bag of cocaine from Spain to Dublin to raise money for college fees. He was offered between €1,000 and €3,000 to carry €139,650 worth of cocaine. At Dublin Airport on 11 January 2016, customs officials, using profiling techniques, stopped him and discovered three plastic bottles in a second suitcase; the lids were glued and the contents were cocaine. Lima had returned from a two‑day trip to Barcelona and had an extra suitcase. He claimed that a Brazilian acquaintance, aware of his financial difficulties, offered the money if he completed the delivery. Garda Kevin Nolan said Lima knew he was carrying illicit goods and was aware of the risk. Judge Elma Sheahan adjourned sentencing to a Thursday, stating she needed time to consider her verdict. The defence argued the offence was out of character and that Lima would leave Ireland and never return.
An agreement was reached that allows Druids Glen Golf Club Ltd to exit examinership. The club, which owns and operates the Druid's Glen Golf Course, had sought High Court protection after Gulland Property Finance Ltd appointed a receiver over the course following a claim of €4.85 million owed by Lakeford Ltd. The receiver's appointment led to the appointment of interim examiner Mr John McStay. The High Court heard that Druids Glen and Lakeford secured funding through investment from Candarlii Ltd and a €1.8 million loan from AIB, which satisfied Gulland's debt. The club also agreed to pay the interim examiner's costs and has funds to pay all preferential and trade creditors. Consequently, the court agreed to withdraw the examinership petition, and the club, which employs 36 people, will continue to operate the course and its associated facilities.
In a Commercial Court case, Berlin‑based W2 Filmproduktion Vertriebs GmbH, holding 49% of Irish company Octagon Films Ltd., sued Irish producers Morgan O'Sullivan and James Flynn for diverting funds from Octagon to themselves or their controlled entities. W2 claims the defendants breached a shareholders agreement, causing an estimated €50m loss to Octagon and €25m loss to W2. The company alleges the defendants misled W2 with false financial statements, sold work at cost to related entities, and failed to ensure Octagon received income from productions such as Vikings. W2's director, Winfried Hammacher, testified that Octagon was a nominal developer with minimal income, while the defendants denied any wrongdoing and argued the case should not be fast‑tracked. The judge adjourned the matter for a week to allow the defendants to submit objections in sworn statements.
DigitalEurope, representing the digital technology industry in Europe, has applied to join a High Court action initiated by Data Protection Commissioner Helen Dixon over EU‑US data transfers via Facebook. The Commissioner seeks the High Court to refer key legal questions about the validity of standard contractual clauses (SCCs) used for data transfers to the Court of Justice of the EU. The case stems from Austrian lawyer Max Schrems' objections that Facebook Ireland's transfers to its US parent breach his EU data‑privacy rights. Judge Brian McGovern has fast‑tracked the case in the Commercial Court and granted leave for DigitalEurope to apply to join, with the application to be decided later. The judge set a hearing for 27 June. Similar applications have been filed by other bodies, including the US government, the Business Software Alliance, and the Electronic Frontier Foundation.
In a High Court case, Playboy Enterprises International sued Entertainment Media Networks (entertainment.ie) for copyright infringement over a link to exclusive Kate Moss photographs used in Playboy's 60th‑anniversary edition. Playboy alleges the site posted a link to images it commissioned and that this caused significant loss, damage and reputational harm. The court had earlier ordered Playboy to provide certain documents to the defendant before trial. The defendant now seeks further discovery, including Playboy's accounts for the last five years, to defend its broad damages claim. Playboy argues it should not disclose sensitive commercial information. The judge adjourned the matter for two weeks to allow the parties to negotiate, noting that an agreement could avoid a ruling on the discovery issue. The dispute centres on the exclusive "artistic" images of Ms Moss in various states of undress, which were published in the magazine's 60th‑anniversary edition on 10 December 2013.
Catherine Ryan, a former Deputy Head of Group Performance at Bank of Ireland, applied to the High Court for an order that would require the bank to pay her salary while her full legal action was pending. The court dismissed the application, ruling that it could not order ongoing salary payments until the case was fully heard. Justice Paul Gilligan noted that the evidence presented was conflicting and that a trial judge would need to assess witnesses and supporting facts before deciding. The judge directed that the dispute proceed to a full hearing at the earliest opportunity and set the case for the start of the new legal term in October. Ryan's claim that she was marginalised and "set up to fail" by her employer was rejected by the bank, which said her dismissal was performance‑related and that she had not met the required standard during her probationary period.
In a High Court hearing on 16 June 2016, Express Bus Limited, a Dublin‑based operator of commuter, shuttle, school and private coach services, sought an injunction to prevent the Minister for Transport from cancelling its operating licence, which was due to expire at midnight on 15 June. The company had applied for renewal online and submitted all required documents, yet the Minister had not renewed the licence. The court heard that the only possible reason for the delay was a request for original documents that had already been submitted. Mr Justice Paul Gilligan granted the company permission to serve short notice on the Minister. When the case returned the following day, the Minister had issued the licence, rendering the action moot. Consequently, the court struck the case out, and Express Bus Limited resumed normal operations.
The operator of several bus services, Express Bus Limited, has filed High Court proceedings against the Minister for Transport, Tourism and Sport after the Minister refused to renew its operating licence. The company, which runs commuter, shuttle, school and private coach services in the Dublin area, had submitted an online renewal application and all required documents. The licence is set to expire at midnight on Wednesday, and the company seeks an injunction to prevent the Minister from cancelling, revoking or allowing the licence to expire, and to suspend any revocation from midnight on 15 June. The court heard that the only possible reason for the refusal was a request for original documentation, which the company claims was already submitted. Mr Justice Paul Gilligan allowed the proceedings to be served on the Minister at short notice and said the matter could return to court the following morning, hoping for an explanation of the refusal.
Catherine Ryan, a former Deputy Head of Group Performance at Bank of Ireland, has applied to the High Court for an injunction to compel the bank to pay her salary until her case is heard. She alleges that after her appointment in September to a €177,000 role, her superior redefined her position to a lower one, marginalising her and setting her up to fail. Ryan claims the bank's decision to terminate her employment was performance‑related, but she disputes this, saying she was isolated at work and that a six‑month probation period was used to remove her. The bank denies all allegations, stating the termination was valid and performance‑based. The court, presided over by Mr Justice Paul Gilligan, has reserved judgment, with a ruling expected on Friday. The case remains an ongoing legal dispute between Ryan and Bank of Ireland.
A judge at Dublin Circuit Criminal Court has ordered the return of cash stolen from a Leitrim takeaway after it was recovered from an employee at Dublin Airport. Vlad Emanuel Blanaru was stopped by customs officers on August 30, 2015, as he and his girlfriend prepared to board a flight to Amsterdam. Officers discovered over €6,900 in cash that gardaí in Carrick-on-Shannon later established had been taken from the safe at Marius Takeaway in Drumshanbo the previous day. Blanaru, of Carrick Road, Drumshanbo, claimed he had earned the money through his work at the establishment, though he later told the customs officer he intended to purchase an engagement ring. The takeaway owner subsequently reported the theft, stating €7,600 had been stolen, including €3,000 belonging to an employee. Judge Melanie Greally concluded the seized cash represented proceeds of theft and ordered its return to the rightful owners rather than forfeiture to the State.
A man who became involved in selling a stolen car to reduce his drug debt has been given a suspended sentence. Karl Burke (27), of Oatfield Lawns, Clondalkin Dublin, pleaded guilty at Dublin Circuit Criminal Court to handling a stolen car and possession of a false Vehicle Registration Certificate (VRC) at The Park Shopping Centre, Carrickmines on October 30, 2014. The case was heard_or_decision. Burke admitted to the charges and was found guilty. Judge Melanie Greally noted that Burke had no longer been using drugs and had a supportive family. She imposed a three-year sentence, which was suspended in full. Garda Paschal Carley stated that gardai were alerted by an official at Wicklow County Council about suspicions regarding a VRC. The investigation revealed the car had been stolen from Castleknock and had a cloned chassis number. Burke had initially met the buyer in Clondalkin and later sold the car at Carrickmines, producing a driver's licence in a false name. Burke told gardai he had become involved in the offence to pay off a cocaine debt of between €8,000 – €10,000. He was to have €500 taken off his debt for his role. Mary Rose Gearty SC, defending, said Burke had taken care of the main catalyst for the offence and no longer wants anything to do with drugs or his old associates. He is a father of two and wishes to return to full-time education.
Patrick Duff, 49, was arrested after firing a sawn‑off shotgun in a Dublin park. He was wearing white latex gloves and had the gun hidden in his jeans when Gardaí stopped him. Duff was aggressive, struggled with officers and head‑butted one. He claimed to be an IRA member, saying he had fired test shots when no one was around, and that he was suicidal. He pleaded guilty to possession of a firearm on Ballyfermot Parade. The court noted his history of severe depression and limited prior convictions. Judge Melanie Greally suspended a three‑year prison term, requiring Duff to attend an addiction response programme and abstain from alcohol. Duff admitted he was likely intoxicated and had paid €500 for the gun. He had two earlier convictions from 1981 and 1987. The case was adjourned for further investigation into his suicidal claim.
The High Court has awarded approximately €700,000 in damages to Mary Molloy, the former owner of Bartragh Island in Killala Bay, County Mayo. Ms Justice Miriam O'Regan ruled on Friday that Ms Molloy was entitled to the damages arising from a 1996 option agreement with Sean Simon of Deerpark, Loughrea, County Roscommon, which was never completed. The island was subsequently sold to a company controlled by golfer Nick Faldo in 1997 for €1.5 million. Ms Molloy had sought to exercise her right to repurchase the property but was unable to do so after the mortgagee, Irish Nationwide Building Society, agreed to its sale. The High Court had previously found in 2003 that Ms Molloy's attempts to exercise her option had been frustrated. The assessment of damages proceeded following the withdrawal of a Supreme Court appeal and re-entry of the case in 2014. A smaller adjoining island is also to be transferred to Ms Molloy.
Daniel O'Connor, a widower from Kilnamanagh, Tallaght, has filed a High Court claim against Irish Life Insurance Plc after the insurer refused to pay a €300,000 life assurance policy following his wife Ashling's death at age 32 in November 2008. The policy, taken in February 2008, was linked to a mortgage for their home. Irish Life declined payment in June 2009, citing non‑disclosure of Mrs O'Connor's medical investigations in 2004, 2006 and 2008, including a diagnosis of Reynaud's disease and a small left kidney noted in an ultrasound. O'Connor seeks damages, aggravated and exemplary damages for loss, distress and upset caused by the insurer's alleged negligence and breach of contract. He also claims the insurer's refusal led to job loss, mortgage arrears and repossession proceedings by Stepstone Mortgages. Irish Life denies the claims and argues the policy was void due to non‑disclosure, and has counter‑claimed a declaration that it was entitled to void the contract.
A long-running dispute over Bartragh Island in Killala Bay, County Mayo, returned before the High Court on Tuesday. The case concerns a 1996 agreement between former island owner Mary Molloy and Sean Simon regarding a purchase option. Ms Justice Miriam O'Regan dismissed Mr Simon's preliminary application to strike out proceedings on grounds of inordinate and inexcusable delay. The judge acknowledged a delay of over ten years had occurred but determined it was in the interests of justice to proceed with assessing damages. The case will now advance to a damages assessment hearing. In 2003, the High Court previously ruled that Ms Molloy's attempts to exercise her option to repurchase the island had been frustrated when a mortgagee lender agreed to sell the property to an international golf company.
On 28 August 2015 a Limerick man, Warren Hehir, 25, was stopped on the Long Mile Road in Dublin after a wrong turn. Gardaí searched his vehicle and found €43,970 in his tracksuit and €635 in his pocket. Hehir, who had no legitimate income, claimed the money was a loan from his mother to buy an Audi for his girlfriend, but his mother denied giving him the money. Hehir had 33 prior convictions, including drug dealing and theft, and was linked to known criminals in Limerick. He denied using the money for drugs. The prosecution, led by Grainne O'Neill BL, presented an affidavit from Sergeant Mark Campbell. Judge Melanie Greally, after hearing the affidavits, ruled the cash was proceeds of crime or intended for criminal use and accepted the State's application to forfeit €44,000, with Hehir offering no objection.
In a High Court hearing on 27 May 2016, Druids Glen Golf Club Ltd sought to replace the receiver appointed by Gulland Property Finance Ltd with an examiner. Gulland, which had acquired a loan from Anglo Irish Bank that had been taken by a related company, claimed it was owed €4.85 million and had appointed a receiver over the 18‑hole championship course at Newtownmountkennedy, Co Wicklow. Druids Glen requested the removal of the receiver and the appointment of Mr John McStay of McStay Luby Accountants as interim examiner for both Druids Glen and the related company Lakeford Ltd. Gulland's counsel, Lyndon MacCann SC, said the examinership would be opposed, while Druids Glen's counsel, Patrick Leonard SC, said the club would consider the objection. The judge adjourned the matter to a June hearing. The course employs 36 people and has hosted Irish Open tournaments and the 2002 Seve Trophy.
The High Court directed the Doyle family to vacate a vacant council house at Casey Court, Kenagh, Co Longford, which they occupied without permission. Longford County Council secured orders against John Paul Doyle, his wife Frances, and their children after the family refused alternative accommodation offered just outside Longford. Mr. Doyle alleged the proposed four-bedroom house was unsuitable due to its proximity to a busy road and a garage, and claimed the family was treated differently because they are members of the Traveller Community. Counsel for the Council rejected these allegations, stating the Kenagh house could not be offered under housing guidelines. Mr. Justice Paul Gilligan acknowledged the family's admission that they had no right to occupy the Kenagh property but urged them to reconsider the council's offer. The case was adjourned for an hour. Upon resumption, the Doyles maintained their refusal, with Mrs. Doyle citing safety concerns and Mr. Doyle stating he was prepared to face imprisonment to secure housing. The judge imposed an eight-week stay on the order, hoping for a negotiated accommodation arrangement. Mr. Doyle indicated he may appeal the decision. The family, who have been on the housing list for two years, remain unrepresented.
A 16‑year‑old boy pleaded guilty in the Central Criminal Court to 13 counts of sexually abusing his half‑sister between 1 February 2014 and 13 August 2014. The boy, who was 14 at the time, admitted raping, anally penetrating and forcing oral sex on the girl, who was aged eight to nine. The abuse ceased after the girl confided in her parents, who confronted the boy and reported him to the Gardaí. The boy repeated his admissions of guilt to the police. In a victim impact statement, the girl described the abuse as occurring mainly at night, her fear of choking during oral sex, and her ongoing distress and confusion about family life. The court noted the boy's remorse and that he was receiving counselling. The matter was adjourned to 18 July for a further hearing.
The High Court confirmed the appointment of Mr Kieran Wallace of KPMG as interim examiner for Debenhams Retail (Ireland) Ltd (DRIL). DRIL, which employs over 1,400 staff directly and 800 staff in concessions and cosmetics across 11 stores, has been seeking examinership after sustained losses since the 2007 recession and the withdrawal of support from its UK parent, Debenhams Retail plc. The court noted that DRIL has a reasonable prospect of survival if it follows a scheme of arrangement approved by the High Court, which would involve court protection and cost reductions, particularly rent, which the company claims are above market rates. Mr Wallace has up to 100 days to propose a scheme of arrangement with creditors. No objections were raised to the application, though Dooroy Ltd, landlords of DRIL's Dublin and Cork stores, expressed concerns that the parent company should be involved in the process.
In a High Court hearing on 12 May 2016, Independent TD Michael Lowry was ordered to pay his own legal costs after being added as a third‑party defendant in a case brought by Persona Digital Telephony. The company alleged that Denis O'Brien's Esat Digifone consortium had secured a 1996 mobile‑phone licence by bribing then‑communications minister Michael Lowry, an allegation denied by the company. The court had earlier refused a request for third‑party funding from an English firm. Justice Aileen Donnelly ruled that O'Brien, who was added to the proceedings by the High Court, was entitled to costs as a defendant, and she also awarded costs to the State. Lowry, however, was not a defendant in the original case and was added by the State; the court found his involvement unnecessary and therefore he was not entitled to have his costs paid.
The prosecution has finished presenting its case in a child‑abuse trial after six weeks of evidence. The case involves a boy who had alleged that his parents sexually abused him, including rape, use of a hot poker, forced incest and other violent acts, and that the father filmed some incidents. The boy, now 12, had previously retracted the allegations, claiming only physical abuse occurred, but later insisted the allegations were true and that he retracted them to avoid the trial. The guardian ad litem, an independent social worker, stated she did not believe the boy's retractions were genuine. The parents face 82 abuse charges between 2007 and 2011 and have pleaded not guilty to 16 counts each of sexual exploitation and one count of child cruelty. The trial will continue with legal arguments tomorrow and the defence may call evidence. The court will adjourn for lunch on Saturday if the weather is good.
The High Court has dismissed an action brought by the North East Pylon Pressure Campaign seeking to halt an oral hearing into EirGrid's application to construct approximately 300 pylons for the proposed North-South electricity interconnector. Mr Justice Richard Humphreys refused permission for the challenge on Thursday, finding that intermediate steps in planning processes should be allowed to proceed to conclusion. The group, representing nearly 200 landowners across Cavan, Meath and Monaghan, opposed the application on grounds including health and environmental concerns. It had also challenged the validity of EirGrid's application under Strategic Infrastructure Development legislation and raised difficulties regarding Environmental Impact and Natura Impact Statements. The judge stated that permitting challenges at each stage risked unnecessary disruption and multiplication of judicial review proceedings. He noted the group could pursue further challenges following An Bord Pleanála's final decision on the application. The oral hearing commenced in Carrickmacross in March. EirGrid contends the second interconnector is necessary to ensure adequate power flow between the two jurisdictions.
In 2016 a Wicklow civil engineering company, RSJ Civil Ltd, was fined €30,000 after a fatal incident on Kill Avenue, Dun Laoghaire. Polish worker Grzegorz Burczak, aged 31, was struck to death by a manhole cover when a traffic cone that had been knocked over by a passing car detached and hit the cover. The company had failed to provide adequate warning signs, a safety exclusion zone, or sufficient traffic cones. RSJ had entered a plea of guilty at Dublin Circuit Criminal Court for failing to ensure the safety, health and welfare of its employees during work on manhole covers. The court accepted that the accident was largely due to human error and a lapse in training, and noted the company's cooperation and regret. The company subsequently completed a full health and safety review and engaged a consultant to improve its systems. The incident was described as an unavoidable and unnecessary loss of human life.
The High Court ordered the extradition of Simeon Cosmo Langford, a 33‑year‑old from Bristol, to the UK on four charges: attempted murder, grievous bodily harm, theft and alleged breach of release conditions after a prior conviction for grievous bodily harm. A European Arrest Warrant issued in August 2015 led to his arrest in Cork in August 2015. Langford was released on licence on 6 May 2015 and is alleged to have committed the offences between 2 and 11 June 2015, after which he allegedly absconded and travelled to Ireland on 13 June 2015 using a passport under the name Luke Gillespie. His barrister submitted an affidavit alleging ill treatment in UK prisons, but the judge found no evidence of inhuman or degrading treatment and rejected the appeal. The court therefore ordered his surrender to the UK, refusing leave to appeal. The decision was delivered by Justice Aileen Donnelly.
A family of seven facing High Court proceedings to remove them from a vacant council house in Kenagh, County Longford, has rejected alternative accommodation offered by the local authority. John Paul Doyle, his wife Frances, and their five children occupy the three-bedroom property at 21 Casey Court without permission. Longford County Council seeks an injunction to evict them, citing a housing list of over 1,220 applicants. The council offered a four-bedroom privately-owned house near Longford Town with reduced rent support of €42 weekly, compared to €90 for council housing. The family declined, stating the property lacked a rear garden and proximity to a busy road made it unsuitable. The Doyles, unrepresented in court, acknowledged wrongdoing but said circumstances left them without alternatives after their previous landlord reclaimed his property. They have been on the housing list for approximately two years. Mr Justice Paul Gilligan adjourned the matter to later in May.
An 18‑year‑old leaving‑cert student with dyslexia has filed High Court proceedings to secure a reader, an exam supervisor who reads questions in a dyslexic‑friendly manner. The student's application was rejected by the Independent Appeals Committee of the State Examinations Commission, which operates under the Department of Education, and no reasons were provided for the refusal. The student seeks orders to quash the refusal and a declaration that he is entitled to the reasons for the decision. He has applied under the Disability Access Route to Education, a scheme that offers reduced points to school leavers whose disabilities have negatively impacted their second‑level education. To qualify for a reader he needed to meet specific criteria, including word‑reading test scores; he scored just above the threshold.
In May 2016 Irish Cement Ltd filed a High Court challenge to a compulsory purchase order issued by An Bord Pleanála, which allowed Shannon Foynes Port Company to acquire 37.5 hectares of the cement company's land for harbour expansion. The company argues that An Bord failed to properly assess its constitutional property rights when granting the order. The court granted permission to proceed on an ex‑parte basis and placed a stay on the port company's actions under the order until the matter is decided. The case is scheduled for a June hearing.
In a High Court case, Mr Justice Michael Moriarty ruled that Sections 99.9 and 99.10 of the Criminal Justice Act 2006, as amended, are unconstitutional, affecting the activation of suspended sentences. The judge delivered his judgment on 19 April and, after receiving written submissions from the State and the six prisoners, adjourned the matter to a hearing on Wednesday to consider further submissions. Lawyers for the State had earlier been permitted to submit on the form of the final orders, while the prisoners' counsel sought formal declarations of the provisions' unconstitutionality. The judge will issue final orders next week following the hearing. The decision also prompted adjournments of related actions involving about ten other prisoners, pending the final orders of Judge Moriarty.
In a 2016 Dublin Circuit Criminal Court hearing, VF Coldstores Ltd was fined €200,000 for health and safety breaches that caused the instant death of warehouse supervisor Robert Ceremuga, 32, when a 36‑tonne racking collapsed onto him on 28 November 2013. The company pleaded guilty, and Judge Melanie Greally imposed a €100,000 fine payable within two years and a second €100,000 payable within four years. The collapse was attributed to an accidental impact with pallets on a forklift operated by a newly hired employee who lacked the proper licence. An engineer's report confirmed the racking was overloaded and pallets had not been removed before the forklift was used. No CCTV footage existed to verify the operative's claim. The court heard that VF Coldstores had a safety statement and risk assessment, but the forklift operator had not received appropriate training.
Sean Feehan, operator of passenger boats to Skellig Michael, has challenged the Office of Public Works (OPW) in the High Court, arguing that the revocation of his two permits is unlawful and breaches his constitutional rights. Feehan, who has run the 'Pace Arrow' and 'Naughty Lady' from Ballinskelligs since 1980, claims the OPW's decision is unfair and seeks declarations that the revocation is invalid. The OPW, citing safety concerns, revoked the permits following Feehan's 2015 convictions under the Merchant Shipping Act for operating vessels in a manner that could endanger passengers, operating without an appropriate licence, and failing to ensure a qualified master. The OPW also cited incidents in 2012 and a total fine of €850. Feehan's lawyers requested that the injunction preventing the OPW from issuing new permits and the order allowing him to land passengers remain in place pending the full hearing. The case is set to continue before Mr Justice Anthony O'Connor.