High Court

The daughter of a man interned by the British Army during the Troubles has brought a High Court challenge aimed at compelling the government to urgently inform her if the State intends to appeal the European Court of Human Right’s finding that her father and others were not tortured.

The application has been brought by Mary McKenna, whose late father Sean McKenna was one of a number of Northern Irish men, known as “the hooded men,” who were detained without charge in the early 1970s.

He and other men were subjected to various techniques of interrogation and sensory deprivation practices by ….read more

INM is not appealing against the High Court’s dismissal of its judicial review aimed at quashing the corporate watchdog’s decision to seek inspectors to investigate an alleged data breach and other issues at the media group, while costs in the matter were awarded to the ODCE.

The application by the Director of Corporate Enforcement (ODCE) to have inspectors appointed has been fixed for hearing before the president of the High Court, Mr Justice Peter Kelly, on July 10th.

Last week, Mr Justice Seamus Noonan ruled INM’s fundamental proposition in its judicial proceedings that INM had a right to be consulted before ….read more

A set of proposals aimed at resolving proceedings brought against the Irish Countrywomen’s Association are to be furnished early next week, a High Court Judge has directed.

On Friday, Ms Justice Úna Ní Raifeartaigh directed lawyers acting for the ICA to serve a set of proposals aimed at dealing with concerns raised in actions brought by Ms Patrica Madden in respect of the organisation she has been a member of for some 39 years.

The concerns arise out recent elections for several positions, including national president, on the ICA’s national executive.

Earlier this week, Ms Madden secured a ….read more

The High Court has appointed an interim examiner to a toy-making firm that employs 41 people in Ireland.

On Friday, Ms Justice Caroline Costello appointed Mr Neil Hughes as interim examiner to Yvolve Sports Limited, which makes the popular ‘Flicker’ scooter and other products for the outdoors and sports.

The appointment was made after the court was told an examiner was required to protect an important contract the firm has with US retail giant Wallmart.

The company sought the protection of the court due to the bankruptcy of one of its major customers, Toy R Us, which has resulted in cash flow ….read more

The wife of a Circuit Court judge has brought proceedings against a farmer for alleged trespass on what she claims is her property.

Felicity O’Kelly, who is married to Judge Eugene O’Kelly, has brought proceedings against farmer John Brew of Tarmon, Kilkee, Co Clare.

Mrs O’Kelly claims that Mr Brew, who disputes the ownership of a portion of the lands, has been trespassing on the site of a former creamery at Termon West, Kilkee, Co Clare, which she owns.

She claims Mr Brew has left cattle on the disputed land, which have wandered onto the main road.

Mrs O’Kelly seeks various ….read more

A number of breach of contract actions by Irish hospital consultants against the Health Service Executive and the State have been adjourned to early next week.

The adjournment is to facilitate ongoing talks aimed at resolving the dispute.

The court was scheduled to hear a number of lead cases in claims by hundreds of consultants who allege there was a breach of their contract in relation to agreed pay promises in the 2008 consultants’ contract.

The agreed pay increases were in return for consultants working to new conditions from July 2008 onwards, including bringing their working week from 37 to 39 hours.

The claims ….read more

A descendant of composer Peadar Kearney has withdrawn his application for an injunction against a fund-appointed receiver seeking the return of items, including a signed original copy of Amhrán na bhFiann.

Lorcan Bourke sued receiver Anne O’Dwyer, of Duff Phelps Ireland Ltd, who took charge of the property where he had operated Bourke’s Bar at Catherine Street, Limerick until its closure in 2014.

Last March he was given permission to seek a High Court injunction restraining the receiver from selling his chattels in the pub, including the original copy of the national anthem until the case was resolved.

The application was opposed by ….read more

A High Court judge has refused to order Google and Microsoft to take down internet references to the previous trial of a man due for trial later this year.

The man, who cannot be identified, was convicted by a jury earlier this year of an unconnected sexual assault on a woman and is facing a second trial for sexual offences.

Lawyers for the man made applications to the court to order Google and Microsoft, who operate the web search engine Bing, to temporarily expunge the man’s name from the Internet.

Refusing the application at the Central Criminal Court, Mr Justice Patrick McCarthy said ….read more

A toy-making firm that employs 41 people in Ireland is seeking to go into examinership.

The application for the appointment of an examiner was made in respect of Yvolve Sports Limited, which makes the popular ‘Flicker’ scooter and other outdoors and sports products.

The court heard that the companies difficulties have been caused by factors including the bankruptcy of one of its major customers – Toy R Us – resulting in cash flow problems, and a dispute between Yvolve’s directors.

The court that an independent expert report has said that while the company is insolvent, Yvolve has a good prospect of surviving ….read more

A member of the Irish Country Women’s Association (ICA) is seeking a High Court injunction preventing the organisation from destroying ballot papers returned for its recent elections for executive positions, including National President.

The action has been brought by Patricia Madden, a barrister of Saint Mobhi Road in Glasnevin, Dublin 9.

At the High Court on Friday a lawyer for the ICA gave an undertaking that the ballots would not be destroyed.

In her action, Ms Madden seeks an injunction restraining the ICA from destroying or interfering in any way with ballot papers returned for the organisation’s 2018 ….read more

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