High Court

(Pictured: Minister for Housing Eoghan Murphy. Credit: Collins)

A High Court action aimed at allowing voters in the Tipperary constituency cast their ballots in this Saturday’s general election has been withdrawn.

The proceedings was brought by two independent candidates in the constituency, Mattie McGrath and Joe Hannigan.

The action came to an end after the Minister for Housing Eoghan Murphy signed a special order to allow the vote take place in the five-seat Tipperary constituency on Saturday.

The candidates’ barrister, Micheal P O’Higgins SC appearing with Liam Dockery BL, said the issues at the centre of the case became moot or pointless after ….read more

Three companies involved in a dispute over shares in the Galway Clinic private hospital have secured a temporary High Court injunction freezing the assets of a company controlled by US-based medical doctor and businessman Joseph Sheehan Senior.

The injunction was secured by Marpole Ltd, BMD Investments Ltd and Parma Investments against Blackrock Medical Partners Ltd (BMPL), which allegedly owes the three firms over €800,000 in legal fees after it was unsuccessful in a High Court action against them.

The freezing order was sought over the three companies’ fears that funds recently received by Blackrock Medical Partners LTD from the sale of ….read more

(Pictured: Independent TD Mattie McGrath. Credit: Collins)

Outgoing Independent TD and general election candidate Mattie McGrath is proceeding with a High Court action aimed at allowing the vote in the Tipperary constituency in this Saturday’s general election to proceed.

Lawyers representing the Tipperary politician told Mr Justice Charles Meenan on Wednesday afternoon that, despite various reports in the media that the vote will go ahead on Saturday, their client is maintaining with his action as there was no official confirmation that the vote will proceed in the constituency on February 8th.

While significant steps are reported to have been taken in regards to ….read more

(Pictured: Mr Justice Donald Binchy. Credit: Collins)

A Northern Irish man wanted in the UK to face multiple counts of manslaughter after 39 Vietnamese nationals were found dead in a lorry in Essex last October is alleged to have been involved in transporting illegal migrants on two other occasions, a High Court judgement has outlined.

It is also alleged that the trailer at the centre of the Essex tragedy was used on one of those two prior occasions.

The judgement also states there is evidence that the sealed refrigeration unit in which the 39 people were found dead was not turned on ….read more

The High Court has ruled that a financial fund affiliated to US investment banking giant Goldman Sachs is entitled to an order for the possession of a property in Galway.

Ennis Property Finance DAC, which is controlled by the American bank, sought the order in respect of a house located in Devon Park, Salthill, Co Galway.

The fund brought proceedings against the property’s owner Mr Henry Greally, who had opposed the application.

Ennis Property Finance claimed it was entitled to an order for possession on basis that Mr Greally had allegedly defaulted on loans totalling €550,000 that he took out with Bank of ….read more

(Pictured: Mr Justice Donald Binchy. Credit: Collins)

A High Court judge has said he will deliver his judgement on the proposed extradition of two men to Northern Ireland for the alleged attempted murder of a PSNI officer in two weeks, subject to any legal arguments about Brexit.

Dublin men Ciaran Maguire (29), of Kippure Park, Finglas South and Sean Paul Farrell (32), of Stannaway Road, Kimmage, are wanted in Northern Ireland for the alleged attempted murder of a police officer and possession of explosive substances with intent to endanger life. Both men face life imprisonment on both counts if found guilty.

Today James ….read more

A High Court judge has warned a father and son that they face being jailed and their machinery seized if they persist in obstructing an access route being used by the developers of a Co Donegal windfarm.

Ms Justice Leonie Reynolds said she had run out of patience with Joseph McGonigle and his son Seosamh McGonigle, whom it is claimed have prevented parties involved in the construction of a windfarm at Glackmore in Co Donegal from accessing the site.

Late last year, the court granted an injunction against the father and son of Aught, Ture, Muff, Co Donegal, restraining them from interfering ….read more

(Pictured: Peter Sweetman. Credit: Collins)

The High Court has overturned a decision by An Bord Pleanala to grant planning permission for a proposed electricity-generating solar farm.

In judicial review proceedings, Environmental activist Peter Sweetman sought orders against both the board and the State aimed at quashing the November 2018 decision giving the go-ahead for the solar farm on a 67.8 hectare site at Fiddane, Ballyhea, Co Cork.

The board had opposed the application and argued that its decision should remain undisturbed by the court.

The board granted permission after Mr Sweetman, represented by James Devlin SC with Margaret Heavey BL instructed by solicitor Aoife ….read more

A dispute between a German film company and two well known Irish film producers, over claims that funds of between €40m and €50m were diverted out of a production company to either themselves personally or corporate entities controlled by them, may go to mediation.

The claim by Berlin-based W2 Filmproduktion Vertriebs GmbH is against producers Mr Morgan O’Sullivan and Mr James Flynn, whom it is alleged diverted the funds out of Octagon Films Ltd, a company they are all shareholders in.

Both men deny the allegations.

The action, which first came before the court in 2016, returned before Ms Justice Teresa Pilkington on ….read more

The High Court has imposed one of the longest disqualification periods ever handed down on a company director who admitted his role in a scheme which resulted in Revenue being defrauded of more than €1.2m.

Mr Justice Brian O’Moore ruled Kevin Rabbitte, who was the director of a company called Westman Plant and Civils Limited, should be disqualified for a period of 14 years and three months.

Mr Rabbitte he said had been involved in what “a carefully coordinated and planned fraud.”

Mr Rabbitte he said was given a “5% discount” off the maximum 15 year disqualification allowed under the 2014 Companies Act ….read more

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