High Court

(Pictured: Mr Justice Denis McDonald. Collins)

Judgement will be given early in the New Year on four important test cases brought by pub owners over the refusal of insurer FBD to pay out on business disruption loses over the Covid-19 pandemic.

The four publicans have brought cases challenging FBD Insurance Plc’s refusal earlier this year to indemnify them and challenging the insurer’s stance that its policies of insurance do not cover the disruption caused to businesses by Covid-19.

Over one thousand Irish pubs and bars are affected by the dispute, which arose after the insurer refused to provide the pubs with cover when ….read more

(Pictured: Mr Declan Ganley. Credit: Collins)

RTE has publicly apologised to businessman Declan Ganley, who had sued the National broadcaster over the contents of a Prime Time special programme broadcast almost 12 years ago.

The Galway based businessman sued RTE over the programme, aired on November 27th 2008, claiming that it had gravely damaged his reputation and character, causing him distress and embarrassment. He had sought damages, including aggravated and exemplary damages.

When the matter came before Mr Justice Bernard Barton at the High Court on Thursday, Declan Doyle SC for Mr Ganley said that matter had been settled.

Counsel said that as ….read more

(Mr Justice Bernard Barton. Credit: Collins)

A High Court judge has said he hopes to have civil jury trials up and running in the New Year.

Mr Justice Bernard Barton, who presides over the High Court Civil jury trials, made the comments on Thursday after acknowledging that no civil jury trials will take place this year due to the Covid-19 pandemic.

Mr Justice Barton said that next February will mark a full 12 months since the last High Court civil jury action was heard.

However, the judge said he wanted to assure all parties that every step possible will be taken to ensure that ….read more

A company has brought High Court proceedings seeking to overturn permission for 300 housing units in Monkstown in south County Dublin.

The action has been brought by Starrs Holdings Ltd against An Bord Pleanala over permission given to developers Lulani Dalguise Ltd to build eight blocks of apartments, ranging in height from five to nine storeys, as well as 22 houses on a three-hectare site near Monkstown Village.

The development will also see the conversion of Dalguise House into two separate dwellings and a creche.

The permission, which was granted by An Bord Pleanala last August, is challenged on various grounds including ….read more

The lead High Court challenge over the standardisation of 2020 Leaving Cert grades has been adjourned.

The outcome of the case by Freddy Sherry, a student at Dublin’s Belvedere College, is expected to impact on several other challenges over the standardisation process.

The case had been due to commence on Wednesday morning, however Mr Justice Charles Meenan was told the case was not ready to proceed as an issue concerning the discovery of documents by the State has arisen.

As a result, Mr Sherry’s case has been adjourned and will be mentioned before the court early next week.

All of the other challenges have ….read more

by Paul Neilan

A notorious on-the-run con woman, who is the daughter of a wealthy property tycoon, is fighting her extradition to the UK because the only doctor capable of treating her psychological condition is in Ireland, the High Court heard today.

Farah Damji (53) fled to Ireland in February of this year during her trial in the UK, at which she was convicted in her absence by Southwark Crown Court, London, of twice breaching a restraining order in April and June 2018.

Ms Damji, who presented herself as an Icelandic national and was living at an address at Bachelor’s Walk, Dublin 1, ….read more

A midwife convicted of a money laundering offence has brought a High Court challenge against the HSE’s decision to dismiss her from her employment.

The action has been taken by Samantha Sinnott, a midwife at Wexford General Hospital, who claims the HSE sacked her after she received a 12-month suspended prison sentence from Wexford Circuit Criminal Court last February.

She had previously pleaded guilty in May 16th 2019 to one count of Money laundering contrary to Section 7 of the 2010 Criminal Justice Money Laundering and Terrorist Financing Act.

The 41-year-old mother of five children admitted that on September 22nd 2018 she moved ….read more

A Garda who approached people seeking to borrow money has launched a High Court challenge aimed at preventing his dismissal from the force.

The action has been brought by Garda Paul Mulcair, who is stationed at Kinsale Garda Station in Co Cork and who the High Court heard was found, following an internal Garda probe, to have breached Garda Discipline Regulations.

The allegations against Garda Mulcair, who denies any wrongdoing, were that on dates between 2014 and 2017 he asked 10 persons from the community he both lived and policed in for a total of €140,300 and was in receipt of €9,700.

Following ….read more

(Pictured: Ms Mary Walsh. Credit: Collins)

The High Court has dismissed an application by a woman, who was previously taken to court by her step-son for a share in a €3.3m Lotto win, to sue the former operator of the National Lottery for alleged negligence.

In a judgement on Monday Mr Justice Teresa Pilkington ruled that Mary Walsh, who ultimately settled proceedings brought against her by her step-son David Walsh, cannot bring proceedings against the former operators of the Lotto, An Post National Lottery Company.

The company went into voluntary liquidation in 2014 after another entity was awarded the licence to operate the ….read more

(Pictured: Mr John Delaney. Credit: Collins)

The Office of the Director of Corporate Enforcement says it is opposed to any application by former FAI boss John Delaney for further time to examine files sized by the corporate watchdog as part of its criminal investigation into the association.

The High Court has been asked, in an application where the FAI is the respondent, to make a determination if some of the files are covered by legal privilege and cannot be used by the ODCE as part of its probe.

The now UK-based Mr Delaney, who is a notice party to the action, wants more ….read more

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