In a High Court hearing on 8 July 2014, Mr Justice Paul Gilligan heard a dispute between the directors of McCabes Wine Warehouse Ltd, John and James McCabe, and agents of the property owner, Ms Daphne Kaye, over the restaurant The Gables on Foxrock's Torquay Road. The McCabes had been leasing the premises since 2001 but had failed to pay rent arrears of about €370,000 dating back to 2007. A forfeiture notice was served in mid‑June, after which Ms Kaye's agents took possession, changed the locks, and forced open the rear door, damaging it. The McCabes and five men returned, and the restaurant staff remained on the premises, creating a "tense stand‑off." Ms Kaye seeks an injunction to order the McCabes to vacate and to prevent further damage or obstruction. The judge granted Ms Kaye permission to serve short service of proceedings and made the case returnable to Wednesday for the McCabes' version of events.
Colin Widger, who lived with his mother Maeve at 17 Whitebarn Road, Churchtown, claims he was unlawfully evicted by his estranged father Thomas Widger after the father complained to Gardai that Colin was trespassing. Widger says he is the executor of Maeve's will, which he says left the estate to him and his siblings, and that Thomas is contesting his role. Widger alleges he was forced onto the street, left homeless, sleeping on park benches and in sheds, and is now staying with friends. He says Thomas has put the house up for sale without his consent and that he is being oppressed. Widger, representing himself, filed a High Court action seeking an order to prevent the sale. The court adjourned the matter, noting that Thomas and other notice parties had not appeared. The case is pending before the High Court.
In a High Court hearing on 3 July 2014, Mr Justice Paul Gilligan urged Stella Esemuede and her landlord, Parnell Street Project Ltd, to settle a dispute over rent at a Moore Street restaurant. Esemuede, who has run her business since 2009, claims she was forced out after the landlord doubled her rent from €1,500 to €4,000 without her agreement, citing a new lease. She says the landlord cut off gas and electricity and she was evicted. The landlord denies wrongdoing, stating that the rent was never doubled and that Esemuede had paid €1,500, which did not cover service charges. A temporary injunction was granted to prevent anyone other than Esemuede from occupying Unit 3. The judge called for the parties to reach an arrangement and warned that if they fail, he would rule on keeping the injunction.
Edward Ryan Jnr, 31, son of the late Limerick gangster Eddie Ryan Snr, was released from Midlands Prison after a High Court judge ruled his continued detention was unlawful. Ryan had been serving a six‑year sentence for possession of a pistol and 15 rounds of 9mm ammunition, a conviction he entered in 2010. He had applied for a one‑third remission under Rule 59 of the 2007 Prison Rules, citing good behaviour and participation in structured activities such as the prison woodwork shop and charity shop work. The Minister for Justice had denied the remission, arguing Ryan had not engaged with other training or counselling and had been linked to a prison disturbance. Mr Justice Max Barrett found the Minister's refusal was based on deficient information and that the rule does not restrict remission to exceptional cases. Consequently, Ryan was ordered released with a third of his sentence remaining to serve.
In a High Court hearing on 2 July 2014, Goffs Bloodstock Sales Ltd sought payment from horse trainer Eugene McDermott and his wife Ashley Scanlon following the sale of the racehorse "Investmentsuccess". Goffs claimed the horse's transfer to Ms Scanlon breached a 2012 mortgage agreement and was conducted without notice or consent. The horse was sold for approximately €178,000, with proceeds deposited into Ms Scanlon's Ulster Bank account. Goffs had obtained an injunction preventing Ms Scanlon from accessing funds above €202,000. During the hearing, Mr McDermott, representing himself, acknowledged that the monies were owed to Goffs and that payment was his intention, though he disputed the alleged clandestine transfer. The court agreed to order the transfer of up to €178,000 from Ms Scanlon's account to Goffs, noting that €94,000 was currently held there. The case was adjourned with liberty to re‑enter.
Dr Farrukh Naseem, acting as applicant, secured an interim injunction in the High Court preventing the Public Appointments Service (PAS) from conducting interviews for the position of Consultant General Surgeon at Midlands General Hospital in Portlaoise. The applicant, who has served as a Consultant Surgeon at the hospital on an interim basis since 2010, applied for the permanent post. A six-person panel established by the PAS initially shortlisted seven of twelve applicants, excluding Dr Naseem. Following a successful appeal, the PAS ruled that Dr Naseem should be included in the shortlist. However, the applicant alleged that the same panel intended to conduct the upcoming interviews, raising concerns regarding an apprehension of bias and fair procedure. Counsel for the applicant argued that the panel should be reconstituted to ensure the application is properly considered and to protect the applicant's professional reputation. Mr Justice Paul Gilligan granted the interim injunction on an ex-parte basis, effectively halting the interviews scheduled for that day. The Judge adjourned the matter to a date next week, meaning the proceedings were not concluded or finalised at this stage.
In a High Court hearing on 2 July 2014, Mr Justice John Edwards ordered the extradition of 35‑year‑old Stephen James O'Reilly from Dublin to the United Kingdom. O'Reilly had been convicted in 2008 of dangerous driving causing death and received a nine‑year sentence, of which 229 weeks and six days remained. He was released on licence, but the licence was revoked after he breached conditions and fled. The court considered O'Reilly's mental health, noting an adjustment disorder, a background risk for suicide, generalised anxiety, borderline intellectual disability, ADHD symptoms and a history of polysubstance abuse. Despite concerns that extradition might worsen his risk of self‑harm, the judge ruled that the public interest in his rendition outweighed those concerns and ordered his surrender. The surrender was postponed until 30 September 2016, when he will have completed an unrelated sentence in Ireland. The court also directed that his medical records be transferred to the UK authorities.
The High Court has wound up Paris Bakery and Pastry Ltd, the Moore Street establishment that closed in May following a worker sit-in over unpaid wages. Mr Justice Brian Cregan appointed Carl Dillon of Moore Stephens Nathans as official liquidator. The Revenue Commissioners sought the winding-up order after the company failed to satisfy a demand for €117,000 in unpaid taxes, including VAT, PRSI and PAYE. Although over €52,000 had been paid, the outstanding amount remained unsettled. The court heard the company's approximately 25 employees, mostly foreign nationals, are owed some €158,000 in unpaid wages. Following the workers' 20-day sit-in, the Migrants Rights Centre Ireland confirmed their support for Revenue's application. The company's two directors, including one resident in County Cavan, must file statements of affairs within 21 days. The matter was made returnable before the Examiner's Court in October. Workers will now be eligible for the Insolvency Payments Schemes and LRC awards.
In a High Court hearing on 30 June 2014, businessman Jonathan Bourke sued fellow shareholders John Reynolds and Eoin Foyle, along with Mercroft Taverns Ltd, over a claimed dilution of his shareholding, his dismissal from employment at The Market Bar, and removal as a director. Bourke alleges that at a purported meeting on 9 May, the company decided to dilute his shares, oust him from his role, and strip him of directorship. He seeks court orders to set aside those decisions, to restrain his removal as director, to maintain his employment status and salary, and to prevent Reynolds from presenting himself as the majority shareholder. Reynolds and Foyle were not represented when the case was mentioned, and the court granted an adjournment and permission to serve the papers by post. The proceedings were adjourned to later in the month.
A solicitor and senior executive with a well known Dublin law firm has been awarded €120,000 in damages for injuries sustained after being struck by a car while cycling to work. Mr Justice Michael Hanna stated that Julian Yarr, Managing Partner of A&L Goodbody, suffered 'very serious injuries' following a road traffic accident on the Rock Road, Blackrock Co Dublin on July 26th 2011. The court was informed that Mr Yarr sustained broken ribs, as well as injuries to his neck, shoulders and hands. Mr Yarr, of Marlborough Road Glenageary Co Dublin, sued the driver of the vehicle, Mr Brian Biggins of Culleen, Headford, Co Galway. It was alleged that as Mr Yarr approached the entrance to the Blackrock Clinic, the defendant turned from the opposite side of the road and struck Mr Yarr, who was thrown into the air, over the defendant's car and into the path of oncoming traffic. It was claimed the defendant drove in a negligent manner resulting in injuries to Mr Yarr. Liability in the action had been admitted. The matter was before the Court for assessment of damages only. In his judgment, Mr Justice Michael Hanna noted that it was fortunate Mr Yarr had been wearing a helmet at the time of the accident, as the injuries could have been more severe. Following the accident, Mr Yarr was taken to St Vincents Hospital, where he was kept for eight days. After considering all the evidence, Mr Justice Hanna said Mr Yarr was entitled to a total of €120,000 in damages.
A credit manager at Rabobank, Colin Browne, who has been on sick leave for stress since January, brought a High Court action alleging the bank intended to dismiss him for missing internal disciplinary hearings about his absence. Browne, medically certified unfit for work, sought an injunction to prevent termination. The bank denied wrongdoing and opposed the injunction. The injunction hearing was scheduled before Mr Justice Michael Peart, but after negotiations the parties agreed to settle, and the court was instructed to strike out the proceedings. The settlement terms remain confidential.
In a 2014 High Court ruling, Mr Justice George Birmingham held that €136,000 in savings accounts belonging to 27‑year‑old Charles Darren McInerney of Portlaoise were proceeds of crime. The accounts, held at Mountrath Credit Union, Bank of Ireland Mountrath and Portlaoise Post Office, had been frozen earlier. McInerney denied that the money came from illegal activity, but the judge found his explanations unconvincing. Evidence from the Criminal Assets Bureau and senior Gardai showed McInerney's involvement in the illegal drugs trade, including possession of cannabis, weighing scales and a knife, and a total of €525,000 had been deposited between 2006 and 2012. McInerney's only legal income during that period was social welfare. The judge accepted the evidence, ordered the accounts as proceeds of crime under the 1996 Proceeds of Crime Act, and appointed a receiver over the funds.
Raymond Hoey, 45, was disqualified from driving for two years after driving under the influence on 6 November 2013. He had been drinking wine with his wife at dinner when an argument broke out, prompting him to drive away. His wife called the Gardaí, who stopped him at 7:35 pm at Glasmore Park, Swords. Hoey was arrested, gave a blood sample showing 139 mg/100 ml, and was later convicted and fined €400. Judge Dermot Dempsey postponed the disqualification until 1 December and allowed a postponement of the penalty. The case was heard in Swords District Court.
At Balbriggan District Court, applicant Maria Covaci sought to withdraw an assault allegation against her partner, defendant Ioan Lucaciu. Lucaciu, 22, of Dublin Street, Balbriggan, is alleged to have assaulted Ms. Covaci at their home on June 10th. Ms. Covaci told Judge Dermot Dempsey she wished to withdraw the complaint because, as a Pentecostal, she believed making a complaint against her partner was against her religion and she did not want to be punished by God. Judge Dempsey clarified that she was merely making a complaint, not punishing him, and that the court would impose any penalty. Detective Garda Keith Horgan questioned why she had previously made allegations. Ms. Covaci reiterated her religious objection. Judge Dempsey also questioned Pasture Valentine Govinchi, who stated he was there to give a good reference and that God would be angry with Lucaciu. When asked if he would take responsibility for more serious assaults, Mr. Govinchi said he would explain how to be a couple. Judge Dempsey described the case as "very peculiar" and granted Ms. Covaci's request to withdraw the allegation, warning that any further alleged assaults would be on their own heads. He also refused Lucaciu's solicitor's request for legal aid, stating they wanted to avail of State finances but not the prosecution of the State.
Albin Morkowski, a 20‑year‑old footballer from Meath, was found guilty of possession of ecstasy tablets at Swords District Court. He had thrown a bag of the drugs, claiming they were Viagra, and said a Polish man on a bus had given them to him. Garda David Smith recorded the incident, noting Morkowski admitted the drugs were his and that he intended to give them to friends. Morkowski had previously been found guilty of possession; an allegation of supply was struck out. He had paid €500 as a charitable donation and submitted a letter stating he had completed 100 hours of voluntary work. Judge Dermot Dempsey was not satisfied with the letter and ordered that the GAA club member who wrote it appear in court on 16 June to verify the voluntary hours before the case could proceed. The case was adjourned to that date.
The Supreme Court set aside a High Court decision that had conditionally allowed a liquidator to accept a higher offer from Midland Web Printing Ltd for the troubled Buy and Sell magazine. The Court ordered fresh bids to be submitted. Bernard Dunleavy Bl, acting for provisional liquidator Neil Hughes, informed the Court that Demirca Ltd had tendered the highest bid and had signed a contract confirming its acquisition. The amounts were not disclosed, but Justice Frank Clarke noted a "very significant difference" between Demirca's bid and those of its rivals. The Court, presided over by Justice Clarke with Justices Elizabeth Dunne and Mary Laffoy, said it would give reasons for setting aside the High Court decision later and that the fresh bidding process would benefit creditors. Earlier, at the High Court, Justice Gerard Hogan had approved Midland's bid, which was to be executed on 1 May, but Demirca appealed that decision.
Eurotrek Raleigh (Ireland) Ltd., owners of the Eurocycles/Eurobaby chain, obtained a temporary High Court injunction on 5 June 2014 preventing the receiver appointed by NAMA to lock out the company's South William Street shop. The receiver, acting for landlord Marlindale Ltd., had taken possession of the premises and changed the locks without notice, forcing the shop to close and its ten employees to leave. Eurotrek, represented by Dominic Hussey SC and Colm O'Dwyer BL, argued that the receiver had no right to lock them out and that the repossession was not conducted peacefully. Mr Justice Kevin Cross granted the injunction ex‑parte, allowing Eurotrek staff to re‑enter the premises and preventing further trespassing. The case was adjourned for a later hearing. Eurotrek has operated the shop since 2005, spent €350,000 on refurbishments, and has been negotiating lease terms with the landlord since the original lease expired in 2010.
The High Court confirmed that Mr. Joseph Walsh of Chartered Accountants Hughes Blake has been appointed as examiner for Copper Bar & Grill Ltd., a South Dublin bar and restaurant employing 29 people. The 10,000‑sq‑ft premises, located on Blackthorn Road Beacon South Quarter in Sandyford, began trading last year and has been declared insolvent. An independent accountant's report indicates the company could survive if it secures fresh investment and obtains court approval for a scheme of arrangement devised by the examiner with creditors. TV chef Lee Bradshaw objected to the appointment, alleging the process aims to avoid legal fees awarded to him in a High Court bid for injunctions against the termination of his employment or an alleged partnership agreement. Bradshaw's lawyers sought €126,000 in costs, but the company's counsel argued there was no evidence that the examinership was intended to frustrate the costs order. Mr.
In a High Court action, Goffs Bloodstock Sales Ltd has sued trainer Eugene McDermott and his wife Ashley Scanlon, alleging that the racehorse "Investmentsuccess" was transferred by McDermott to Scanlon without Goffs' consent and subsequently sold. The sale, reportedly for €178,000, was deposited into Scanlon's Ulster Bank account. Goffs claims the transfer breached a 2012 chattel mortgage agreement that required notice of any sale and payment of proceeds within seven days. A temporary injunction was granted by Mr Justice Brian McGovern, preventing Scanlon from accessing the funds. The case stems from earlier litigation in 2011–2012 where Goffs sought repayment of money owed by McDermott, resulting in a €282,000 judgment and subsequent mortgage agreements for nine horses. Goffs now seeks to enforce the mortgage terms and recover the proceeds of the disputed sale.
Paul McGlade, a businessman who acquired a share in the Pygmalion Public House in 2013, has filed High Court proceedings against his fellow shareholders, brothers Jay and Tim Bourke, and the company Pygmalion Public House Ltd. McGlade alleges that he has been excluded from the premises and that the Bourke brothers have changed the locks to prevent his entry. He seeks injunctions to restore his management role and to stop the Bourkes from further restricting his access. The case, involving McGlade and two companies, Fellerim Ltd and Lintrath Holdings Ltd, was briefly addressed by Mr Justice Brian McGovern, who adjourned it to allow document exchange. The matter is scheduled for a hearing in July. The proceedings are pending a full trial.
In a High Court hearing on 30 May 2014, Mr Paul Gilligan granted Mr David Carson, a NAMA‑appointed receiver, injunctions to compel the occupants of 7 Barrow Street, Dublin 4, to vacate the premises. The injunctions were aimed at three individuals—Ronan Hackett, Benjamin Smith and Joseph Williams—who had taken residence in the house in mid‑May and had changed the locks. The occupants, represented by spokesman Mr James Sutherland, argued that they would be made homeless if forced to leave and that the order would violate their Article 8 rights. Mr Carson, acting on behalf of a developer linked to Liam Carroll's group, sought to secure vacant possession for a pending €450,000 sale. The judge found the receiver's case strong, rejected the occupants' ECHR claim, and ordered the occupants to leave by noon on Saturday, with the case adjourned for further matters.
The High Court ruled that RTE must provide Sean Gallagher with specific documents for his action against the broadcaster arising from the 'Tweetgate' incident during the 2011 presidential election. Mr Justice Paul Gilligan granted Mr Gallagher's motion for discovery, rejecting RTE's opposition that the request was an overly broad 'trawl'. The judge determined that limiting discovery to documents created on the date of the October 24, 2011, Frontline debate or the following week would be 'too restrictive' and risk injustice. He found that Mr Gallagher was not engaging in a fishing expedition and that compliance would not be unnecessarily costly. The court ordered RTE to produce documents created between October 24, 2011, and November 18, 2012, including materials from the 'McGuinness4president' Twitter account, verification protocols, and unredacted copies of Rob Morrison's internal review. The matter was adjourned for one week to allow both parties to consider the judgement. In his action, Mr Gallagher seeks a declaration that the debate was deliberately and unfairly edited to damage his electoral prospects, along with damages for alleged breach of statutory duty, negligence, and misfeasance in public office. His claim includes exemplary damages arising from comments allegedly made by Pat Kenny. RTE denies these claims, contending that Mr Gallagher damaged his own prospects through his response to assertions regarding payments to a group of people.
In a 2014 High Court case, Anthony Freeman and his wife Miriam Freeman, who had borrowed €1.4 million from Bank of Scotland Ireland (BoSI) in 2006 to refinance and refurbish six Dublin houses, claimed that BoSI had not validly appointed a receiver over their assets when they went into arrears in 2009. They argued that BoSI had been dissolved, that its successor Bank of Scotland plc (BoS) had transferred mortgages to a third party through securitisation, and that the registration of title had never been completed under the Registration of Title Act 1964. The Freemans also alleged they were overcharged €20,700 in interest, which they said contributed to their default. The court dismissed all claims, finding the Freemans failed to prove any of the issues, that BoS had properly secured the loans, and that the overcharging was offset by a surplus of about €600,000 that the Freemans could have used to reduce the principal.
In a High Court case involving Noel Bailey (60) and his son Darren (26), Judge Paul Gilligan urged the family to mediate their dispute over farm machinery. Bailey had obtained a temporary injunction preventing Darren from selling or disposing of three pieces of equipment valued between €185,000 and €200,000, including a combine harvester, a JCB loader, and an Amazone One Pass Sowing machine. Bailey, who is ill and wheelchair‑bound, claims the items were taken without permission and are essential for his farm, machinery contracting and wood chip business on an 80‑acre property in Grantstown Ballacolla, Co. Laois. Darren denies wrongdoing and asserts an interest in the machinery. The judge ordered the return of the JCB loader to Bailey pending the final hearing, while the status of the other items will be decided at that hearing. He advised the parties to focus on family relationships and suggested mediation to resolve their differences.
A 66-year-old man is facing potential extradition to the United Kingdom following his escape from an English prison where he was serving a life sentence for murder. The man had completed twenty-eight years of his sentence before absconding and subsequently relocating to Ireland. He has been resident in the State for eight years, latterly in County Leitrim, having previously lived in County Cork. At a hearing in the High Court, counsel for the Minister for Justice and Equality informed the court that the respondent had expressed remorse for his offence and claimed to have been rehabilitated during his time in Ireland. Counsel for the respondent submitted that his current circumstances rather than historical matters ought to be the focus of the proceedings. Mr Justice John Edwards adjourned the matter, with judgment expected on 27 June 2014.
Seán FitzPatrick, former chairman of Anglo Irish Bank, will exit bankruptcy in June after the High Court adjudicated him bankrupt in 2010 with debts of €147m and assets under €47m. The new insolvency laws cut the maximum bankruptcy period from 12 to three years, allowing automatic discharge once the official assignee confirms full cooperation. Mr FitzPatrick, aged 65 and residing in Greystones, Co Wicklow, was not present when the court granted an order to pay €1.6 million to the Revenue Commissioners, a preferential creditor, on an interim basis. The payment was directed by the official assignee, Mr Chris Lehane. FitzPatrick's 2010 statement of affairs listed debts mainly to financial institutions, assets in Ireland, Spain, the UK, France, Hungary, South Africa and the US, and interests in Nigerian oil and gas and the Quinlan Property group. Revenue also claimed over €3 million owed, part of which was appealed.
In a High Court ruling on 26 May 2014, Mr Gerard Killally's bankruptcy was extended by 12 months, keeping him bankrupt until June 2015. Killally, a former Fianna Fail politician and businessman, was declared bankrupt in July 2009 with debts of about €70 million. The extension follows a 2012 conviction at the Midland Circuit Criminal Court for stealing €18 000 of refrigeration equipment, for which he received a three‑year suspended sentence. Mr Chris Lehane, the bankruptcy official, applied for the extension citing Killally's conviction and undisclosed pension plans. Mr Justice Brian McGovern granted the order, citing "good public policy" and the need for bankrupts to cooperate with the official assignee. He also imposed an income‑payment order of €433 per month until May 2016. Killally's counsel opposed the extension, arguing it constituted a double punishment for the 2012 conviction.
In May 2014 the High Court dismissed a legal action by Tipperary Town solicitors who sought to have the historic courthouse on St Michael Street reopened for public use. The lawyers argued that the Courts Service, under the Court Services Act 1998, had a statutory duty to maintain and provide the courthouse, which had been closed in 2010 after falling into disrepair and a ceiling collapse. They requested declarations that the state's failure to provide an adequate courthouse breached the rights of the public, court staff, the judiciary and the legal profession. The Courts Service denied any failure, noting it had sought funding for repairs and provided alternative venues such as the Excel Heritage Centre for district court sittings and Clonmel for circuit court sittings.
Duffy Meats Trading, a Wicklow‑based meat producer employing about 750 staff, secured a High Court injunction to stop the Technical Engineering and Electrical Union (TEEU) from blocking trucks at its Shillelagh plant. The company said the picket had prevented or delayed deliveries and threatened to halt operations. The injunction, granted ex‑parte, prohibits the TEEU and anyone with notice from interfering with access or egress, though it does not bar picketing itself. The court heard that the union was willing to give an undertaking to comply. The matter was adjourned with the injunction remaining in force. The dispute stems from changes to workers' terms and conditions, and the picket involved 10–15 union members forming a tight line that slowed trucks, raising health and safety concerns and requiring Garda escort. The injunction was obtained on 23 May 2014.
In a High Court decision, Thomas Tougher, the former owner of Tougher Oil Distributors Ltd (TODL), was found not entitled to maintain a lis pendens over several petrol stations in the restructured company. Tougher had registered the claim in November to prevent what he alleged was asset stripping by the new owner, John O'Regan, and to secure assets for a separate breach‑of‑contract action. The court vacated the lis pendens, deeming it unsustainable, but left the breach‑of‑contract claim standing, recognising it as a potentially viable claim. Tougher's claim centred on alleged misappropriation of €200,000 during the company's examinership, a matter that had surfaced after O'Regan's acquisition. O'Regan argued the lis pendens hindered refinancing and a potential sale of a forecourt operation to a national retailer. The judge noted that while the lis pendens was removed, the breach‑of‑contract claim remained, as it was considered stateable and sustainable.
A local election candidate in Bundoran, County Donegal, avoided imprisonment at the High Court after agreeing to remove material from YouTube that Bundoran Town Council alleged to be defamatory. Patricia McCafferty, an Independent candidate for Donegal County Council, had previously been directed by Mr Justice Paul Gilligan on 1 May to take down the posts and cease distributing election literature. When she failed to comply, she was brought before the court to answer contempt charges. Ms McCafferty, representing herself, undertook to remove the posts and election materials "under protest," stating she rejected the council's claims and intended to appeal the original order. Following her compliance, Mr Justice Gilligan found the contempt issue concluded and awarded legal costs to Bundoran Town Council, though a stay was placed pending the full hearing of the action. The judge directed that a statement of claim be served within 21 days.
Noel Bailey, a 60‑year‑old farmer and agricultural machinery contractor operating an 80‑acre farm in Grantstown Ballacolla, Co. Laois, obtained a temporary High Court injunction to stop his son Darren from selling or disposing of farm machinery valued between €185,000 and €200,000. The machinery includes a combine harvester, a JCB mechanical loader and an Amazone One Pass sowing machine. Noel Bailey claimed that Darren had removed the equipment from the farm in February without permission and had offered one piece for sale on the Donedeal website and others on motor sales sites in Waterford and Kilkenny. Noel, who is in ill health, said the machinery is essential for his businesses and that damages would not be adequate. The injunction was granted ex‑parte by Mr Justice Brian McGovern and is returnable later that week.
The High Court has ordered the arrest of an independent candidate standing for Donegal County Council following her alleged failure to comply with court orders regarding defamatory material posted online. Mr Justice Paul Gilligan ruled on Friday that Patricia McCafferty of Bundoran be arrested and brought before the court on a charge of contempt of court. Bundoran Town Council sought the order after Ms McCafferty allegedly failed to remove YouTube videos from the social media platform despite a High Court directive issued on 1 May requiring their removal. The council claims the videos and signage displayed in the town make defamatory allegations against its members and officials. The court heard that while roadside signs have since been taken down, the YouTube posts remain accessible. Ms McCafferty, a former traffic warden dismissed by the council in 2008, was not present at the hearing. The judge found she had breached the court orders and been properly served notice of proceedings.
The High Court has ruled that specific property assets are not held in trust for the Summerville Partnership, dismissing claims by Emma Joyce, the partnership's managing partner. The applicant, along with Summerville House and Rosbeg Westport, sought declarations that assets in Ireland and London were held for the benefit of the Joyce children, taking precedence over AIB's rights. AIB, which holds judgments exceeding €50m against Thomas and Patricia Joyce and Thomas S Joyce & Sons Ltd, opposed the action, asserting security rights over the properties. Mr Justice Paul Gilligan found that while there was an initial intention to purchase London investments for the partnership, the Joyces failed to prove a continuing intention to hold the assets in trust. The judge noted a lack of a paper trail for the Bute Street properties and Chelsea investment, where documentation listed the Joyces as sole owners. Although Cherry Cottage was found to be a partnership asset, AIB was entitled to security on it. The judge adjourned the matter to allow both sides to consider the judgment, with final orders to be made when the case next returns to court.
In Balbriggan District Court, a case brought by neighbour Lorraine Sherry against Gail Corr over the constant barking of Corr's two dogs was struck out after the judge heard that the barking had ceased. Sherry had complained that the dogs, a Boxer cross and a Labrador Collie cross, barked until 5 am on 15 February and 15 March and that Corr had made no effort to stop them. She had sent a registered letter and then taken the matter to court. Corr had fitted anti‑barking collars and claimed the dogs were kept indoors and only taken out for walks. Judge Dermot Dempsey noted a "colossal improvement" and, satisfied that the dogs no longer bark, struck the case out.
Helen Guiney, a widow from Kiskeam, Mallow, Cork, was awarded €794,765 in damages after her husband John died in a work‑related accident at a site in Raheen, Carrigaline in November 2000. The award was obtained against his former employer, MJ Manning Construction Ltd., which has since ceased trading. The insurer, UK‑authorised Independent Insurance Company Ltd (IICL), entered provisional liquidation in 2001, and creditors of IICL were expected to recover only 10‑15% of their claims. Mrs Guiney applied to the Insurance Compensation Fund (ICF), established under the 1964 Insurance Act, to recover the balance. In May the Accountant of the High Court refused her application, stating that the policy held by MJ Manning with IICL did not fall within the 1964 Act as amended in 2011, because IICL was liquidated before the amendment. The Accountant also noted that responsibility for the claim lies with UK authorities supervising IICL.
In a High Court decision on 9 May 2014, Mr Justice Iarfhlaith Ó Neill dismissed the appeal of 70‑year‑old Edward Lattimore, who had sought to remain in the council‑owned house at 21 Ennis Grove, Irishtown, Dublin 4. Lattimore had lived there since 1956, paid rent, and believed he was a joint tenant. After his sister's death in 2012 he discovered he was not a tenant and applied for succession to the tenancy. Dublin City Council (DCC) had refused, citing that a three‑bedroom dwelling was not suitable for a single person and offering a one‑bedroom accommodation nearby. Lattimore claimed the refusal breached his constitutional rights and the European Convention on Human Rights, citing medical evidence that leaving would seriously affect his health. The court found no breach of rights, upheld DCC's decision, and noted that DCC had met its statutory obligations by providing suitable housing close to his former home.
Shelia Flannery, a retired horse breeder and trainer, resolved her High Court action against Sean Kavanagh regarding a disputed plot of land in Dunboyne, Co Meath. Ms Flannery alleged that in August 1996, she placed the land in Mr Kavanagh's name for safe keeping, trusting him to hold it in her benefit. Mr Kavanagh denied these claims, asserting they were not business partners and that the transfer was made in lieu of payment for debts and services he provided, including stabling and veterinary fees. Ms Flannery also brought proceedings against ACC Bank, which stated it would abide by any court order. At the High Court, Mr Justice Michael White was informed by counsel Benedict Ó Floinn SC that the matter had been resolved. The court made a declaration that the land was held in trust by Mr Kavanagh for Ms Flannery and directed him to transfer the property to her. Helen McCarthy Bl, representing Mr Kavanagh, confirmed his consent to the agreement. No order was made in relation to ACC Bank. The Judge welcomed the settlement, and the matter was adjourned for six months to allow for the implementation of the settlement. During the hearing, Ms Flannery detailed her financial difficulties in 1996, while Mr Kavanagh maintained he had assisted her during that period.
Frances O'Brien, a 54-year-old mother of five from Balbriggan, was granted the benefit of the Probation Act at Balbriggan District Court after pleading guilty to using a false instrument. The charge alleged that she used a false charity card to collect for the Irish Cancer Society's fundraising campaign for Today FM's Shave or Dye initiative at Gainsborough Avenue in Malahide on November 2nd, 2013. A bench warrant was executed against O'Brien following her failure to appear at Swords District Court. During the hearing, it was stated that O'Brien and her granddaughter were claiming to collect on behalf of her daughter, who had a broken leg. Gardai seized €95.42 from O'Brien upon her arrest. Defence solicitor Donagh McGowan described the act as a "terribly stupid thing to do" and noted that O'Brien has no previous convictions. Judge Patrick Clyne ordered that the seized funds be made payable to the Irish Cancer Society. Ray D'Arcy, also listed as a defendant in connection with the same alleged false instrument charge, had no plea, finding, or sentence recorded in the validated facts provided for this specific court outcome.
In a High Court case, retired horse trainer Shelia Flannery alleges that in August 1996 she transferred a plot of land in Dunboyne, Co. Meath to businessman Sean Kavanagh for safekeeping, with the understanding that he would hold it in trust for her benefit. Flannery claims Kavanagh subsequently registered the property in his own name, breaching his duty and interfering with her property rights. She seeks a declaration that the transfer is null and void, that Kavanagh holds the site in trust for her, and orders for him to divest any beneficial interest. Kavanagh denies being a partner, stating the land was transferred in lieu of payments for services and expenses he incurred on Flannery's behalf. He asserts the value of the land did not cover what he was owed, and that Flannery never agreed to transfer the property to him. The case is before Mr Justice Michael White.
US Judge John McCarthy III, a municipal judge in New Jersey and former chairman of Limerick FC, is suing the Football Association of Ireland (FAI) and several individuals, including CEO John Delaney, for alleged breach of contract and punitive damages. He claims to have lost approximately €280,000 on his investment in Limerick Thirty Seven FC Ltd. The defendants deny the claims. In a hearing before Mr Justice Michael White, the FAI applied for an order requiring McCarthy to provide €87,000 in security for costs, arguing the action is without merit and that enforcing a costs judgment in the US would be difficult. McCarthy's counsel opposed the motion, stating he lacks liquid assets due to the investment loss and that the requirement would deny him access to the courts. He offered to place a Dublin property, owned by a US company in which he holds an 88% stake, into his own name as security. The judge reserved his decision on the security for costs application. Separately, the court dismissed McCarthy's proceedings against Limerick District Council, agreeing with the council's lawyers that the claim displayed no cause of action.
In a High Court dispute, former presidential candidate Sean Gallagher seeks a declaration that RTE's 2011 Frontline debate was unfairly edited to damage his electoral prospects and that the broadcast was neither objective nor impartial. He also seeks damages for alleged breach of statutory duty, negligence, misfeasance, and exemplary damages for comments by Pat Kenny. RTE denies the claims, arguing Gallagher's election prospects were harmed by his own actions, including arranging a meeting with a former Taoiseach for €5,000 and collecting a cheque. Gallagher's lawyers argue that RTE should provide documents from the debate and the period up to the internal review published in November 2012, including Twitter material, RTE protocols, and notes on audience selection. RTE contends it will only disclose materials generated on the debate day or the following week, claiming a broader request is unfair and costly.
The High Court has adjourned proceedings in a dispute between the Irish Fire and Emergency Service Association (IFESA) and Dublin City Council (DCC) over alleged unsafe breathing equipment. IFESA, representing 300 of the city's 800 firefighters, initiated High Court action in January following equipment failures during a blaze in Dolphin's Barn. The association sought injunctions to restrain the use of Scott ACSfx breathing apparatus until independently tested and deemed safe, and to order DCC to withdraw current stock. DCC rejects claims that the equipment is defective, noting it is used internationally, including by the New York City Fire Department. During the hearing before Mr Justice Paul Gilligan, counsel for IFESA stated that matters had moved significantly since January. An expert report by the Dublin Fire Brigade recommended enhanced procedures to test, monitor, and review the equipment, along with improved training and communication. Counsel indicated these steps were taken by DCC as a result of the High Court action. Consequently, IFESA decided not to pursue its application for interlocutory injunctions. DCC did not oppose the adjournment. Mr Justice Gilligan agreed to adjourn the matter to a date in late May for mention only, allowing the parties to work out a timetable for the exchange of legal documents before a trial date can be fixed. The case has been adjourned on several occasions since permission was granted in January for IFESA and three members to serve short notice of injunction proceedings.
A credit manager at Rabobank Ireland, Colin Browne, secured a High Court injunction that stops the bank from dismissing him. Browne had been on sick leave since January, medically certified as unfit to work because of stress. He claimed he could not attend internal disciplinary hearings due to his illness, and he had supplied sick certificates to the bank. A company‑appointed doctor had found him fit for work in January, but Browne argued that a second opinion was needed because of conflicting medical evidence. The bank's doctor had not reviewed him after his single visit. Mr Justice Paul Gilligan granted the injunction on an ex‑parte basis, preventing termination. Browne's solicitor, Patricia Dillon SC, argued that the dismissal was unfair and breached his rights, noting that Browne had not been paid and that the bank had not responded to his requests. The case was set for a return hearing on Thursday.
The High Court will give judgment later this month on a contempt of court claim against political activist Ben Gilroy, founder of Direct Democracy Ireland, following a protest at a 120‑acre stud farm in Kildare in August. Mr Gilroy challenges allegations that he was in contempt of court orders that restricted interference with the receivership of the farm, arguing the action was politically motivated and that witnesses had lied. He claims he was invited onto the property by Charles Allen of the Rodolphus Allen private trust and was merely an observer, not an organizer. The receivers, represented by Michael Howard SC, maintain that Mr Gilroy knowingly breached the orders and that the necessary elements for contempt have been proven. Mr Gilroy also requests the matter be referred to the Director of Public Prosecutions. The judge has reserved his decision and will rule after the Easter vacation on April 29th.
In a High Court hearing on 10 April 2014, developer Sean Dunne's application to set aside a search warrant issued to the official assignee, Chris Lehane, was dismissed. The warrant had allowed the search of a property at Churchfield, Straffan, Kildare, where assets including artworks were seized in November. Dunne, who is a declared bankrupt in Ireland and the US, argued that he was not the owner of the property, which he claimed was held in trust for his children by the Isle of Man company Traviata. He also sought to have Lehane cross‑examined, claiming the warrant was defective and based on hearsay. Judge Brian McGovern found no grounds to invalidate the warrant, rejected the cross‑examination request, and noted that any disputes over ownership or the seized items would be resolved in future proceedings. The case was adjourned to May.
A landowner from Manorcunningham in County Donegal has agreed to allow the ESB and Eirgrid access to his property to carry out essential upgrade work on the electricity network. Patrick Gallagher had initially obstructed the companies' efforts to upgrade a 110-kilowatt power line affecting supply across Donegal. The High Court heard that over 200 other property owners had consented to the works without objection. Mr Gallagher, representing himself, had disputed compensation entitlements relating to previous work conducted on his land during the 1990s and alleged prior damage caused by the ESB. Following negotiations before Mr Justice Paul Gilligan, the parties agreed to submit outstanding compensation matters to independent arbitration. Mr Gallagher gave an undertaking not to interfere with the work, and the case was adjourned to June.
The High Court wound up Avondale Nursing Home Limited, a Callan, Co. Kilkenny nursing home closed in 2011 after HIQA cancelled its registration over health and safety concerns. The winding‑up order was made by Mr Justice Peter Charleton following an application by former employee Bridget Brander, who was owed unpaid wages. The company was found insolvent and unable to meet its debts. Mr Declan de Lacey of PKF O'Connor, Leddy & Holmes was appointed liquidator. The court noted that the company had been struck off for failing to file returns but was restored to the Registrar of Companies. Directors Miriam and Hayley Holmes were no longer in jurisdiction and were believed to be in Australia. The liquidation will determine if any assets can be sold to satisfy Brander's claim and other former employees' debts. The case remains before the examiner's court.
In 2012, Diane Ward, 44, of Charleville, admitted to smothering her eight‑year‑old son Anthony at their home on 3 September. A suicide note reading "bury us together" was found in an envelope with paracetamol tablets. Ward claimed she had killed Anthony because she feared no one would care for him if she died. She had a history of recurrent depressive disorder and had previously attempted suicide. The court heard that Anthony had been diagnosed with ADHD in 2011, causing family conflict. Ward's sentencing was adjourned to 7 July by Mr Justice Barry White, who noted her desire to return to her community but also the high risk of suicide. The case remains pending, with no final sentence announced. Diane Ward pleaded guilty.
In a High Court hearing on 4 April 2014, Ben Gilroy, founder of Direct Democracy Ireland, denied allegations that he assaulted a security guard during protests at a stud farm in County Kildare. Joint receivers Mr Mark Reynolds and others claimed Gilroy was a leader of the protest group that forced receivership security off the property on 28 and 31 August. Gilroy said he was invited onto the land by Charles Allen of the Rodolphus Allen private trust and was merely an observer, not an organizer. He argued he had not been properly served with notice of the contempt application and that court orders preventing interference with the receivers were invalid. Mr Reynolds maintained that a sworn statement had alleged Gilroy's assault, but he insisted the statement should have named a member of Gilroy's group instead.