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Tim Healy

Antananarivo Renivohitra, Madagascar
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About Tim
Tim Healy is a journalist based in Antananarivo Renivohitra, Madagascar.
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English
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Woman told to remove walls, gates and foundations built on her Cork land in ‘flagrant breach’ of planning laws

29 Apr 2024  |  www.independent.ie
A woman in Cork has been ordered by the court to remove unauthorized walls, gates, and foundations on her land, which were deemed a 'flagrant breach' of planning laws by the local council. The development has reportedly caused significant local upset.

Fota Island Resort owners granted order freezing assets of ex-directors over alleged €1.8m fraud

15 Mar 2024  |  www.independent.ie
The owners of Fota Island and Kingsley resorts in County Cork have secured temporary court orders to freeze the assets of two former directors accused of defrauding the businesses of over €1.8 million. The ownership of these resorts, along with other properties, was previously contested in a legal dispute involving Chinese businessman Yuzhu Kang, which was settled last month.

Provisional liquidators appointed to building firm working at Dublin Airport, Mountjoy Prison and Dundrum apartment scheme

16 Jan 2024  |  Irish Independent
Glenbeigh Construction Limited, with 33 direct employees and many subcontractors, has been declared insolvent and is winding up due to significant losses and inability to pay debts. The company suffered from project delays and cost increases due to the Covid-19 pandemic and fixed price contracts. It is involved in six active projects, including a €36m apartment construction in Dundrum Town Centre. The firm anticipated a €1m profit from a Killiney project but now expects a €1.2m loss. Creditors have been demanding payments and attempting to seize assets. After exploring restructuring options and failing to secure additional investment, the company opted for liquidation. Insolvency practitioners Dessie Morrow and Diarmaid Guthrie of Azets Ireland were appointed as joint provisional liquidators by Mr Justice Mark Sanfey, who emphasized the importance of an orderly winding up for the benefit of creditors and employees. The case is adjourned to next month.

Garda in High Court challenge to blanket ban on fire brigade applicants with diabetes

16 Jan 2024  |  www.independent.ie
Ciaran O'Brien, a physically active garda, is challenging Dublin City Council's blanket ban on fire brigade applicants with diabetes after being deemed unfit for the post due to his Type 1 diabetes. Despite his condition being under control and not affecting his physical activity, his application was rejected without clear reasons, and an appeal was also denied. O'Brien, who has never taken time off in his seven years as a garda, cited a lack of absolute prohibition in the council's guideline document and mentioned that the London Fire Brigade had abandoned such blanket bans. The case is set to return to court next month.

Insurers of Michael Flatley's Cork estate apply for €25m damages claim to go to mediation

15 Jan 2024  |  independent.ie
Insurers of Michael Flatley's estate in County Cork have requested that his €25 million damages claim, which arose after his family had to leave the property due to toxic chemical residue, be settled through mediation. The claim is against the main contractor responsible for renovations after a fire in June 2016.

Dublin-based X employee takes defamation case against Elon Musk

15 Jan 2024  |  www.sundayworld.com
Aaron Rodericks, co-lead of Threat Disruption at X, formerly Twitter, is taking a defamation case against Elon Musk, claiming a tweet by Musk damaged his reputation. The tweet was in response to a media report about cuts to the Election Integrity Team, which Rodericks is part of. Rodericks alleges the tweet implies he undermined election integrity and seeks damages from Musk and Twitter International Unlimited Company. The High Court granted permission to serve proceedings on Musk, who resides outside of Ireland. Rodericks also claims unfair suspension from his job and has secured a temporary injunction against further disciplinary steps.

Dublin-based X employee takes defamation case against Elon Musk

15 Jan 2024  |  www.independent.ie
A senior employee of the social media platform X, Aaron Rodericks, has initiated High Court defamation proceedings against Elon Musk, the majority shareholder of X. Rodericks, who co-leads Threat Disruption at X, claims that Musk defamed him and damaged his reputation through a tweet on Musk's personal Twitter handle.

Dublin-based X employee takes defamation case against Elon Musk

15 Jan 2024  |  www.independent.ie
A senior employee of the social media platform X, Aaron Rodericks, has initiated defamation proceedings in the High Court against Elon Musk, the majority shareholder of X. Rodericks, who co-leads Threat Disruption at X, claims that Musk defamed him in a tweet, damaging his reputation.

Chadwicks owners wins order overturning permission for neighbouring biogas plant

12 Jan 2024  |  www.independent.ie
Grafton, owner of Chadwick’s builders yard, won a legal order overturning permission for a biogas plant proposed by Strategic Power LTD near Tullamore. Ms Justice Emily Farrell ruled the development contravened local zoning plans and that An Bord Pleanála considered irrelevant matters and failed to publish an environmental report, breaching its obligations. The plant aimed to convert feedstock into renewable energy and fertilizer, promising job creation during construction and operation, but the judge found this insufficient for the strategic employment zoning objective.

Apology over death of woman (76) who lost 17 litres of blood during pancreatic procedure carried out by trainee surgeons

12 Jan 2024  |  www.independent.ie
A 76-year-old woman died after losing 17 litres of blood during a complex pancreatic procedure conducted by trainee surgeons at a Dublin hospital. The incident has led to an apology, highlighting concerns over the supervision and training of medical staff in critical operations.

Eircode contract case is dismissed by court

22 Dec 2023  |  www.independent.ie
The court dismissed Loc8Code Ltd's challenge against the awarding of the Eircode contract, citing delays in filing under EU procurement rules. Loc8Code alleged anti-competitive behavior and illegal state aid in the 2013 contract award to Capita Business Support Services Ireland Ltd. The company claimed €12m in losses and sought damages and injunctions against Capita and the Department of Environment, Climate and Communications. The court found the case was brought too late and dismissed it, with allegations of wrongdoing remaining unproven.

Enoch Burke loses ‘bias’ challenge against hearing of his dismissal appeal

20 Dec 2023  |  www.independent.ie
Enoch Burke, an imprisoned schoolteacher, has lost his High Court challenge against the disciplinary appeal hearing concerning his dismissal by Wilson’s Hospital School. The court rejected his injunction application, which was based on the composition of the Teacher’s Disciplinary Appeal Panel.

Kilkenny hospital sorry for ‘abject failures’ in care of mum-of-three who died with unborn baby

20 Dec 2023  |  www.sundayworld.com
St Luke’s General Hospital in Kilkenny issued an apology for the failures in care that led to the death of Dorcas Corrigan and her unborn son Bill. Clive Corrigan settled with the hospital for a substantial sum after suing the HSE. The hospital acknowledged the tragic events and assured that lessons had been learned. The court heard of significant communication and care failures during Ms. Corrigan's treatment for sepsis. Despite efforts to stabilize her and plans to transfer her to Dublin, she died of cardiac arrest. Mr. Justice Paul Coffey expressed his deepest sympathy to the Corrigan family.

High Court challenge to permission for lawyer’s Dalkey home plans

19 Dec 2023  |  www.independent.ie
A residents' management company has initiated a High Court challenge against the permission granted to Alannah Smyth for constructing a 373 sq metre home in Dalkey, Dublin. The permission was granted by An Bord Pleanála for a modern two-storey house. Alannah Smyth is associated with Fitzwilliam Real Estate, owned by her father, Noel Smyth.

The High Price of Empty Office Space: Billions in Tax Breaks, With More to Come

19 Dec 2023  |  THE CITY - NYC News
New York City has granted billions in property tax breaks to luxury office developments like Hudson Yards, Times Square, and other Manhattan buildings, costing taxpayers significantly. Despite high rents and occupancy in these areas, the city continues to offer new tax incentives under Mayor Eric Adams' administration, aiming to revitalize aging office spaces. Critics argue these subsidies are often unnecessary and contribute to budget deficits, while proponents claim they are essential for economic development. The debate highlights the ongoing tension between fiscal responsibility and economic incentives in urban planning.

Court to rule before Christmas on status of seized planes in Russia

15 Dec 2023  |  www.independent.ie
The High Court is set to make a decision before Christmas regarding an application by the joint liquidators of two Irish-based Russian State-owned leasing firms. The liquidators, Damien Murran and Julian Moroney, are seeking to prevent the parent company, Joint Stock Company State Transport Leasing Company, from acquiring ownership of 37 valuable aircraft. The case involves Dublin-registered GTLK Europe DAC and GTLK Europe Capital DAC.

An Taisce bringing "impermissible attack" on EU nitrates derogation – State argues

14 Dec 2023  |  www.independent.ie
An Taisce is challenging Ireland's Nitrates Action Plan (NAP) in the High Court, arguing it was instrumental in obtaining a derogation from the EU's standard organic fertiliser limits. The State, represented by Margaret Gray SC, contends that the challenge is an 'impermissible attack' on the European Commission's decision and that the NAP complies with EU directives. The case involves procedural and substantive objections, with the Irish Farmers’ Association and Irish Creamery Milk Suppliers Association participating as notice parties.

Woman given aggressive chemo as a teenager despite not having cancer settles High Court action for €1.9m

13 Dec 2023  |  www.independent.ie
Aoife O’Donovan, misdiagnosed with cancer at 17 and subjected to aggressive chemotherapy, has settled a High Court action for €1.9 million. The misdiagnosis occurred at Bon Secours Hospital in Cork, Ireland, where she was initially treated for abdominal pain. The settlement addresses the significant impact of the erroneous diagnosis and treatment.

New planning and environment court launched in hope of speeding up decisions

11 Dec 2023  |  www.independent.ie
A new planning and environment court has been launched within the High Court jurisdiction in Ireland, aimed at delivering fair and expedited decisions. Mr Justice David Barniville highlighted the court's role in enhancing judicial specialization in complex and significant legal areas.

The DPP loses challenge to ruling that man jailed for IRA membership was miscarriage of justice victim

11 Dec 2023  |  www.independent.ie
The High Court has dismissed the DPP's challenge against a ruling that Michael Connolly, who was previously jailed for IRA membership, was a victim of a miscarriage of justice. Connolly's 2017 conviction was overturned on appeal, and he was acquitted in a 2019 retrial at the Special Criminal Court.

Judicial appointments bill upheld by Supreme Court

08 Dec 2023  |  www.independent.ie
A Bill for appointing judges has been upheld as constitutional by the Supreme Court. Ms Justice Elizabeth Dunne stated that the President will be advised to sign the Judicial Appointments Commission Bill.

Motorcyclist awarded €74,000 for injuries in fall, skidding 200m after ‘erratic motorist’ cut across road

06 Dec 2023  |  www.independent.ie
A software engineer named Aidan Crum was awarded €74,000 by the High Court for injuries he sustained after falling off his motorbike due to an erratic motorist on a motorway slip road. He skidded 200 metres along the road, and the compensation was provided by the Motor Insurers Bureau of Ireland, which compensates victims of uninsured or untraced drivers.

EasyJet founder sues Irish firm over use of the word ‘easy’ in name

06 Dec 2023  |  www.independent.ie
EasyGroup Ltd and EasyGroup IP Ireland Ltd, investment vehicles of the EasyJet founder, are suing ER Travel Ltd for using the word 'easy' in their business name and domain names such as easirent.ie. They seek injunctions against ER Travel's use of the name Easirent and associated domains, damages for passing off, and forfeiture of infringing materials. ER Travel denies the claims. The case was adjourned for a week by Mr Justice Denis McDonald to allow ER Travel to provide a replying affidavit.

Michael Flatley 'devastated' to leave Cork home after extremely hazardous chemical residue detected, High Court told

05 Dec 2023  |  independent.ie
Michael Flatley and his family are forced to leave their Cork home, Castlehyde, due to the detection of extremely hazardous chemical residue. The issue came to light in the High Court, where it was revealed that the main contractor and insurers involved in the post-fire repairs since June 2016 were aware of the residue but failed to inform Flatley or address the problem.

High Court action over Dolores O’Riordan air rage incident settled

22 Nov 2023  |  sundayworld.com
A personal injuries case brought by flight attendant Carmel Coyne against the estate of the late Cranberries’ lead singer Dolores O’Riordan was settled in the High Court. The case, which involved an alleged incident during a flight in 2014 where O’Riordan was accused of stamping on Coyne's foot, was struck out without admission of liability. No monies were paid for Coyne's claim for loss of earnings. O’Riordan had denied the claims before her death in 2018. The case had been set for a jury hearing in the High Court after a legal dispute regarding the appropriate court for the hearing.

Jimmy Guerin sues Gemma O’Doherty over online posts he claims meant he was a paedophile

21 Nov 2023  |  independent.ie
Jimmy Guerin is suing Gemma O’Doherty for defamation over online posts on Twitter and Facebook that he claims insinuated he was a paedophile. The posts referred to him as the 'paedophile brother of Veronica Guerin, murdered with the involvement of garda' and alleged he had been found guilty of possessing child sexual abuse images.

Jimmy Guerin sues Gemma O’Doherty over posts he claims meant he was a paedophile

21 Nov 2023  |  sundayworld.com
Jimmy Guerin, an independent Fingal Co Councillor and businessman, is suing former journalist Gemma O'Doherty for defamation over posts on Twitter, Facebook, and her internet video broadcast portal, Gemma.TV. The posts implied that Jimmy Guerin was a paedophile, but in reality, it was his brother Martin Guerin who had pleaded guilty to possession of child pornography. O'Doherty refused to apologize or remove the posts when requested, leading to legal proceedings. O'Doherty's defense claims her words referred to Martin, not Jimmy. The trial is set to continue before a jury and Mr Justice Tony O'Connor.

Date set for Ulster Bank appeal against High Court ruling on mortgage holders’ tracker refunds

21 Nov 2023  |  independent.ie
Ulster Bank's appeal against a High Court ruling that confirmed the entitlement of two home loan customers to tracker mortgage refunds and compensation will be heard by the Court of Appeal in February. This follows the Supreme Court's decision not to allow a direct appeal, stating that the Court of Appeal's future decision will likely refine and clarify the dispute's elements.

Paddy Cosgrave to ‘robustly’ defend claim of damage to Web Summit over his Israel comments in High Court

30 Oct 2023  |  www.independent.ie
Paddy Cosgrave, former CEO of Web Summit, will robustly defend against claims by two co-founders that his social media posts about Israel have substantially damaged the company. The High Court has allowed these new allegations to be added to existing cases of minority shareholder oppression against Cosgrave and the firm. The controversy stems from Cosgrave's online comments following Hamas's attack on Israel.

Dave Fanning sues after article wrongly links him to broadcaster’s sex misconduct case

11 Oct 2023  |  www.sundayworld.com
Dave Fanning is suing BNN and Microsoft after an article falsely linked him to a sexual misconduct case involving another broadcaster. The article, published by BNN and republished on Microsoft's MSN, included Fanning's image and made damaging statements about him. Fanning claims the article is entirely false and has severely harmed his reputation. The High Court has allowed Fanning to serve proceedings on BNN, but further clarification is needed regarding Microsoft's involvement. The case highlights issues with AI in news aggregation and the legal complexities of cross-jurisdictional defamation cases.

Certa lawsuit claims 12 million litres of biofuel ‘went missing’

10 Oct 2023  |  www.independent.ie
Certa has filed a lawsuit claiming that 12 million litres of biofuel, which it had purchased from Green D Project Ireland Ltd, are unaccounted for. The case, admitted to the Commercial Court, involves allegations of misleading information provided by Green D and its UK majority shareholder, Green Biofuels Ltd, which went into administration. Certa had paid €26.7 million for 18 million litres of hydrotreated vegetable oil (HVO) biofuel, but discrepancies in storage reports have led to concerns about the missing fuel. The case is progressing in the Commercial Court with agreed directions for proceedings.

Dundrum Town Centre challenges local area plan in court

10 Oct 2023  |  www.independent.ie
Dundrum Retail GP DAC, trading as Dundrum Retail Partnership, is challenging the Dundrum local area plan in court, seeking to quash the plan or declare proposed road infrastructure changes invalid. The plan, adopted by Dún Laoghaire-Rathdown County Council, has faced criticism for proposed traffic restrictions and alleged failures in considering the strategic importance of Dundrum Town Centre. The judicial review has been opened, with further proceedings scheduled for January. Dundrum Retail claims the council's decision was prejudged and based on a flawed transport assessment, potentially harming the community and local businesses.

Kavanagh brothers dispute back in High Court despite settlement three years ago

05 Oct 2023  |  www.independent.ie
The legal dispute between the Kavanagh brothers has resurfaced in the High Court despite a settlement reached in 2020. Hugh Kavanagh, along with his company Simlur Ltd, has filed proceedings against his brother Greg Kavanagh and several associated companies, alleging non-compliance with the 2020 agreement and asset stripping. The court has granted permission for short notice of the motion to be served on Greg Kavanagh and the defendant firms, with the matter set to return to court next week. The case highlights ongoing tensions and unresolved issues between the brothers, who have been in business together for 17 years.

High Court action over Dolores O’Riordan air rage incident settled

05 Oct 2023  |  www.independent.ie
The High Court action involving a personal injuries case brought by flight attendant Carmel Coyne against the estate of the late Cranberries' lead singer Dolores O'Riordan has been settled. The case, which stemmed from a 2014 incident where O'Riordan allegedly stamped on Coyne's foot during a flight, was struck out without admission of liability and no monetary compensation for loss of earnings was paid. The case had been set for a jury hearing in the High Court following a legal debate over the appropriate court for the hearing.

High Court approves €60,000 in damages for child with facial injuries despite mother’s claim amount was too low

05 Oct 2023  |  www.independent.ie
The High Court has approved a €60,000 damages assessment for a child with facial injuries, despite the child's mother requesting the court to reject the amount as too low. Mr Justice Garrett Simons noted that the mother sought court refusal to avoid potential adverse legal costs if a trial resulted in a lesser sum.

Barne Estate owners breached exclusivity agreement over contested €15m sale to horse breeder John Magnier, court told

05 Oct 2023  |  www.independent.ie
The owners of Barne Estate in Co Tipperary are accused of breaching an exclusivity agreement by considering offers from US-based developer Maurice Regan. This claim is part of a legal case brought by billionaire horse breeder John Magnier and his children, John Paul Magnier and Kate Wachman, to enforce a €15m purchase agreement for the Clonmel property, allegedly reached on August 22.

Cosmetic surgery provider gets High Court injunction against Waterford-based website design company

05 Oct 2023  |  www.independent.ie
Dublin-registered RAS Medical Ltd secured an interim High Court order against Waterford-based Create for the Web Ltd, trading as Ireland Website Design, over a dispute involving the preservation of important business data. The conflict arose after an allegedly secret recording of a Zoom call between RAS Medical's director, Dr. Ahmed Salman, and a representative of the website company. The court granted a temporary order requiring the defendant to preserve data related to RAS Medical's website, with further proceedings scheduled for next week. RAS Medical seeks compliance with data protection laws and damages for the alleged unauthorized processing and dissemination of personal data.

Woman who fell after being bumped into by drinkers dancing to Billie Jean settles case

05 Oct 2023  |  www.sundayworld.com
Helen Mooney settled her case against Bolway Investments Ltd, Kivaway Ltd, Widestar Ltd, and Pawnbeach Ltd, owners of The Odeon Bar in Dublin, after an incident where she was injured by a falling dancer. The court was informed that the case was settled without any claim for loss of earnings. Ms. Mooney described the accident and her subsequent injuries, while the defendants denied all claims. The judge, Mr. Justice Denise Brett, was informed of the settlement by Ms. Mooney's counsel, Peter Bland.

Court overturns ‘wholly excessive’ €550,000 damages award against receiver

05 Oct 2023  |  www.independent.ie
The Court of Appeal overturned a €550,000 exemplary damages award against receiver Michael McAteer, ruling that the High Court failed to provide fair procedures and that the damages were excessive. The court found McAteer acted lawfully based on legal advice, despite an error in not obtaining Circuit Court orders before selling properties. The High Court's decision to dismiss Niall Hade's claims against McAteer and Bank of Ireland Mortgage Bank was upheld, and the bank was awarded its legal costs.

Tánaiste claims scam crypto ads on Google which used his name and image defamed him

04 Oct 2023  |  www.independent.ie
Tánaiste Micheál Martin has initiated High Court proceedings, alleging that fake advertisements on legitimate websites defamed him by using his image and linking to false articles associating him with a cryptocurrency scam. The court has granted him permission to serve proceedings on Google Ireland Ltd and Google LLC to uncover the identities behind the ads.

Garda accused of ‘squaring’ penalty points has been suspended for more than three years, court hears

04 Oct 2023  |  www.independent.ie
Garda Paul Baynham has been suspended for over three years due to serious allegations of 'squaring' fixed penalty notices. High Court Judge Siobhán Phelan noted that Baynham is aware of the Garda Commissioner's decision to delay disciplinary actions pending the outcome of potential criminal charges, with files currently under review by the Director of Public Prosecutions.

Woman given aggressive chemo as teen despite not having cancer settles court action for €1.9m

04 Oct 2023  |  www.sundayworld.com
Aoife O’Donovan, misdiagnosed with lymphoma at 17 and subjected to aggressive chemotherapy, settled a court action for €1.9 million against consultant histopathologist Eoin O’Murchu of Bon Secours Hospital, Cork. The misdiagnosis led to severe treatments and long-term health consequences. The settlement included an apology from Mr. O’Murchu but no admission of liability. The case highlights significant medical and legal ramifications.

Enoch Burke loses ‘bias’ challenge against hearing of his dismissal appeal

03 Oct 2023  |  www.sundayworld.com
The High Court rejected Enoch Burke's application for an injunction to stop the Teacher’s Disciplinary Appeal Panel hearing, citing no evidence of bias from panel member Kieran Christie. Burke's claims of bias were based on Christie's alleged support for transgender rights, which the court found unsubstantiated. The ruling adds to Burke's ongoing legal challenges, including previous contempt of court charges and fines related to his dispute with a Co Westmeath secondary school over addressing a transgender student by their chosen pronouns.

Liquidators of Russian lease firms seek to stop ‘seizure’ of dozens of planes

03 Oct 2023  |  www.independent.ie
Liquidators Damien Murran and Julian Moroney of Teneo Restructuring Ireland, appointed to GTLK Europe DAC and GTLK Europe Capital DAC, are seeking court orders to prevent the parent company, Joint Stock Company State Transport Leasing Company, from seizing 37 aircraft. The parent company, owned by the Russian Federation, claims ownership under pledge agreements governed by Russian law, which the liquidators contest as void under Irish law. The case, involving economic sanctions following Russia's invasion of Ukraine, will be heard in the Irish courts.

Solicitor daughter of former Fianna Fáil TD struck off roll of solicitors by High Court

02 Oct 2023  |  www.independent.ie
Orla Ellis, the solicitor daughter of former Fianna Fáil TD John Ellis, has been struck off the roll of solicitors by the High Court. The decision was consented to by Orla Ellis and was presented before Mr Justice David Barniville, president of the High Court.

Turf cutters get appeal over refusing access to bog charge

02 Oct 2023  |  www.independent.ie
The Supreme Court of Ireland has granted an appeal to turf cutters Gerry Gearty and Sean Beirne, who are challenging the constitutionality of legislation that allows officers to access their lands for conservation purposes. The men argue that the European Communities Act 1972, which enforces the EU Habitats Directive, is unconstitutional. Their prosecutions for obstructing officers have been paused pending the appeal. The High Court previously upheld the legislation, but the Supreme Court found exceptional circumstances to hear the appeal directly. The case is significant due to ongoing European infringement proceedings against Ireland for failing to halt peat cutting in conservation areas.

Tánaiste claims scam crypto ads on Google which used his name and image defamed him

02 Oct 2023  |  www.independent.ie
Tánaiste Micheál Martin has initiated High Court proceedings, claiming that fake advertisements on legitimate websites have defamed him by using his image and linking to false pseudo-newspaper articles associating him with a cryptocurrency scam. The court has granted him permission to serve proceedings on Google Ireland Ltd and Google LLC to identify those behind the ads.

Men accused of flying drones too close to Dublin Airport launch High Court challenges

02 Oct 2023  |  www.sundayworld.com
Ainis Guzauskas and Eric Brils have launched High Court challenges against charges of flying drones near Dublin Airport, arguing that the 1975 Air Navigation and Transport Act's mandatory sentencing provisions are unconstitutional and disproportionate. They seek to prevent further prosecution under this Act and claim it is incompatible with the European Convention on Human Rights. The cases, represented by Mark Lynam SC and Keith Spencer BL, will return to court next month.

Solicitor daughter of former Fianna Fáil TD struck off roll of solicitors by High Court

02 Oct 2023  |  www.sundayworld.com
Orla Ellis, a solicitor and daughter of a former Fianna Fáil TD, was struck off the roll of solicitors by the High Court after consenting to the order. The Legal Practitioners Disciplinary Tribunal recommended the strike off due to deficits in her client account, with significant amounts paid out from the Law Society's Compensation Fund to her former clients. The High Court also ordered restitution payments and required Ellis to swear an affidavit regarding her assets. Ellis, who practiced in Co Leitrim, did not attend the hearing but was represented by her solicitor. An investigation revealed that large bequests to charities were not paid as instructed.

Eir mounts legal challenge to regulator's ban on discounts

02 Oct 2023  |  www.independent.ie
Eircom Ltd, trading as eir, is legally challenging the Commission for Communications Regulation (Comreg) over a prohibition on offering discounts for certain fibre products. Eircom argues that Comreg's decision from November 2018 does not support such a ban, while Comreg maintains that the issue may be resolved in its upcoming market review. The High Court has fast-tracked the case, with Mr. Justice Denis McDonald setting directions for its progress. Eircom's chief regulatory officer, Kjeld Hartog, emphasized the significant economic impact of Comreg's directive and the potential precedent-setting nature of the court's decision.

Transport company says right of way barred by neighbour at Kildare property

02 Oct 2023  |  www.independent.ie
Smullen Logistic Solutions Ltd alleges that Goldstein Property ICAV has locked a gate, blocking access to its container storage site in Naas, Co Kildare. The court granted permission to serve notice of injunction proceedings on Goldstein, requiring the removal of the lock and preventing obstruction of access. Smullen claims the blockage is causing ongoing losses and accuses Goldstein of trespass and nuisance. Goldstein denies these claims, alleging Smullen is trespassing. The case is set to return to court next week.

Friends of the Irish Environment may seek role in LNG planning appeal case

01 Oct 2023  |  www.independent.ie
Friends of the Irish Environment (FIE) is contemplating joining a High Court challenge against the refusal of planning permission for a €650m liquefied natural gas (LNG) terminal in Co Kerry. The environmental group has a history with the LNG proposal and aims to participate as an interested party to make court submissions. The case is brought by Shannon LNG, the company behind the terminal plan.

Beaumont Hospital sued over alleged misreporting of smear test of nurse who died four years later

01 Oct 2023  |  www.independent.ie
Beaumont Hospital is facing a lawsuit in the High Court for allegedly misreporting a smear test of Oonagh McEvoy, a nurse who later died of cervical cancer. McEvoy, who worked as a heart and lung transplant coordinator at the Mater Hospital in Dublin, passed away at the age of 36 on April 11, 2011, due to metastatic cervical cancer.

Suspensions of four gardai for alleged 'squaring’ of penalty points should be quashed, court told

01 Oct 2023  |  www.independent.ie
The High Court has been informed that the ongoing suspensions of four gardaí, initiated three years ago due to investigations into the alleged 'squaring' of fixed charge penalty notices, should be quashed. The suspended officers, Paul Baynham, Alan Griffin, Niall Deegan, and John Shanahan, were all part of the Roads Policing Unit in Limerick and have been without pay since November 2020.

Damages claim by asylum seekers left homeless to be referred to EU court

01 Oct 2023  |  www.independent.ie
The Court of Justice of the European Union (CJEU) will be consulted to provide legal guidance on whether the State should compensate asylum seekers who were left homeless upon their arrival in Ireland. High Court's Mr Justice Cian Ferriter highlighted the complexity of the 'test cases' brought by two males, which could influence the outcomes of approximately 50 other similar claims.

Garda suspended for alleged theft of bluetooth speaker from seized car takes fresh court action against commissioner

01 Oct 2023  |  www.independent.ie
Garda Adrian Ivers, who has been suspended for nearly four years, has initiated new High Court proceedings to halt the Garda Commissioner's internal disciplinary actions against him. Ivers, stationed in Cootehill, Co Cavan, is accused of stealing a Bluetooth speaker from a seized car.

North Kerry coroner says she shouldn’t be subject to ‘land hoarding tax’ because she can’t get planning permission

01 Oct 2023  |  www.independent.ie
Helen Lucey, the coroner for north Kerry, has initiated a High Court challenge against An Bord Pleanála's decision to uphold Cork County Council's ruling that her late father's lands are subject to the Residential Zoned Land Tax (RZLT). Lucey argues that she cannot obtain planning permission to build houses on the property, making the tax unfair.

Court backs liquidators’ claim to jet planes trapped in Russia

01 Oct 2023  |  www.independent.ie
The High Court has ruled in favor of the joint liquidators of two Irish-based Russian State-owned leasing firms, GTLK Europe DAC and GTLK Europe Capital DAC, in proceedings against their parent company, Joint Stock Company State Transport Leasing Company. The ruling entitles the liquidators to various declarations concerning claims over 37 aircraft worth an estimated $2 billion.

Ireland’s rights watchdog takes State to court over asylum seekers left homeless

01 Oct 2023  |  www.independent.ie
Ireland's human rights watchdog, the Irish Human Rights and Equality Commission (IHREC), has initiated High Court proceedings against the Government for failing to provide accommodation to all international protection applicants for the second time this year. This marks the first instance of IHREC using its statutory powers to take legal action concerning human rights issues.

Irish tech firm Workhuman now valued at $2.1bn, according to Morgan Stanley

01 Oct 2023  |  www.independent.ie
Workhuman, a software firm headquartered in Dublin and Framingham, Massachusetts, has been valued at $2.1 billion by Morgan Stanley, nearly double its 2020 valuation. The company is embroiled in a legal dispute with certain investors, including Luxembourg Investment Company 276 SARL and Intermediate Capital Group PLC, over allegations of interference and obstruction in a major acquisition deal. Workhuman's CEO, Eric Mosley, claims that these investors engaged in unlawful activities to force the company into an unfavorable proposal and prevent a capital restructuring. The case involves multiple executives and directors from ICG and other entities.

Family in witness protection have new birth cert bid dismissed by judge

01 Oct 2023  |  www.sundayworld.com
The High Court dismissed a constitutional claim by a family in witness protection seeking new birth certificates under their new aliases. Mr Justice Rory Mulcahy ruled that the absence of new certificates does not infringe on their constitutional or human rights. The judge acknowledged that while the State could amend the Civil Registration Act, the current lack of new certificates does not violate the law. The family, who faced threats after providing information to the Gardaí, argued they were promised new certificates, a claim denied by the Garda Commissioner and other officials. The court heard the case in private, with the family attending remotely for security reasons. Despite the challenges, the judge noted the family's participation in the witness protection program has been broadly successful.

Man awarded almost €97,000 damages after car rear-ended at junction

01 Oct 2023  |  www.independent.ie
Derek Coughlan, a 60-year-old man from Churchtown, Dublin, was awarded €96,758 in damages by the High Court after his car was rear-ended by a truck at a junction on August 13, 2020. The incident occurred while he was stopped at a main traffic junction on his way home from Howth.

Tánaiste Micheál Martin resolves High Court proceedings he brought against Google

01 Oct 2023  |  www.independent.ie
Tánaiste Micheál Martin has resolved High Court proceedings against Google, seeking information about those behind allegedly fake and defamatory internet adverts. The Fianna Fail leader claimed the ads wrongly used his image and linked to false articles associating him with a cryptocurrency scam.

Grant Thornton appointed by court as provisional liquidators to Meath gates firm Killeen Engineering

01 Oct 2023  |  www.independent.ie
Killeen Engineering Fabrication Limited, employing 45 people, has been declared insolvent after a significant drop in sales. The court appointed Nicholas O’Dwyer and Colm Dolan of Grant Thornton as provisional liquidators. The company, unable to raise additional finance, owes €650,000 in customer deposits and has less than €20,000 in cash. The liquidators aim to manage the firm's assets, complete profitable orders, and potentially sell parts of the business. The case will return to court in the coming weeks.

Hospital sorry for ‘abject failures’ in care of mother of three who died with her unborn baby

01 Oct 2023  |  www.independent.ie
St Luke’s General Hospital in Kilkenny issued a heartfelt apology in the High Court for the failings in care that led to the death of 38-year-old Dorcas Corrigan and her unborn son Bill. The hospital expressed sincere regret to Clive Corrigan and extended family for the devastating loss experienced five years ago.

Dublin man awarded almost €97,000 damages after car rear-ended at junction

01 Oct 2023  |  www.sundayworld.com
Derek Coughlan, a 60-year-old man from Dublin, was awarded nearly €97,000 in damages after being rear-ended by a truck in August 2020. The accident caused significant injuries, leading to persistent pain and an inability to work or engage in his hobby of flyfishing. The court, presided over by Ms Justice Carmel Stewart, awarded €75,000 in general damages, an additional €15,000 for other injuries, and €6,758 in special damages for future surgical intervention, totaling €96,758.

Russian jet lessor GTLK fears Irish court proceedings will be unfair in claim against it

01 Oct 2023  |  www.independent.ie
Joint liquidators Damien Murran and Julian Moroney have initiated legal action to prevent Joint Stock Company State Transport Leasing Company from seizing ownership of aircraft belonging to GTLK Europe DAC and GTLK Europe Capital DAC. The liquidators argue that the aircraft are the property of the firms in liquidation, while the parent company claims ownership under pledge agreements governed by Russian law. The parent company, owned by the Russian Federation, contends that the dispute should be resolved in Russian courts, citing concerns over fairness in Irish courts. Mr Justice Mark Sanfey has scheduled a hearing for later this month, emphasizing that the parent company can still participate in the proceedings.

Greg Kavanagh’s counsel says brother's High Court claims against him are ‘outrageous’

01 Oct 2023  |  www.independent.ie
Businessman Greg Kavanagh has labeled as outrageous and ill-founded the High Court claims made against him by his brother Hugh Kavanagh. The dispute centers around the alleged breakdown of a settlement agreement, with Hugh Kavanagh and his company, Simlur Ltd, initiating the action in 2020. The case also involves various companies, including Structured Marshalled Investments Ltd, New Generation Homes Ltd, and Isotonic Hotel Ltd.

€195,000 for construction worker whose leg was crushed by digger on Dublin site

01 Oct 2023  |  www.sundayworld.com
Marek Kapuscinski, a construction worker, was awarded €195,000 after suffering multiple fractures to his right foot when a digger reversed into him on a Dublin site. The court, led by Ms Justice Emily Egan, noted the severity of his injuries, which required surgery and extensive medical treatment. The case was against his former employer, JPA Top Builders Ltd, for failing to ensure his safety. The compensation includes €120,000 in general damages and €75,000 in special damages, with certain illness-related benefits deducted from the total.

Autistic boy who sued HSE over mother’s use of epilepsy drug during pregnancy receives €3.75m interim settlement

01 Oct 2023  |  www.independent.ie
Joshua Daly, a 12-year-old boy with autism spectrum disorder, received a €3.75 million interim settlement in a lawsuit against the HSE over his mother's use of the epilepsy drug Epilim during pregnancy. The case, which will be reassessed when Joshua turns 21, highlighted that the risks associated with Epilim were not adequately communicated to his mother, Alison Daly, during her pregnancy. The High Court approved the settlement, deeming it fair and reasonable, and noted that Joshua will require lifelong support and care.

Jimmy Guerin was ‘physically sick’ after reading posts he says meant he was paedophile

01 Oct 2023  |  www.sundayworld.com
Jimmy Guerin, an independent county councillor and brother of murdered journalist Veronica Guerin, testified in court about feeling physically sick after reading social media posts by Gemma O'Doherty that he claims falsely implied he was a paedophile. The posts, which did not specify which Guerin brother, were understood by many to refer to Jimmy, although they actually referred to Martin Guerin, who had pleaded guilty to possession of child pornography. Jimmy Guerin believes the posts were made out of malice due to his previous criticism of O'Doherty. O'Doherty admits to the publication but denies defamation, asserting her words were meant to refer to Martin. The case continues in court.

€2m damages for man savagely beaten with crowbar by pair who tried to break into his work van

01 Oct 2023  |  www.independent.ie
A father of four, Mark Lahive, who suffered life-changing injuries after being savagely beaten with a crowbar during an attempted break-in of his work van in a Cork business park, has settled a High Court action for €2 million.

Legal bill of €33,000 for €8,000 compensation case is ‘unrealistic’, judge says

01 Oct 2023  |  www.independent.ie
A High Court judge, Mr. Justice Anthony Barr, criticized a €33,000 legal bill for an €8,000 trip and fall compensation case as 'unrealistic'. He emphasized that legal costs recoverable from a defendant should not be disproportionate to the damages awarded.

Family of cyclist Ryan McCarthy (25) who died after collision with road sweeper truck settles case for €90,000

01 Oct 2023  |  www.independent.ie
The family of Ryan McCarthy, a 25-year-old cyclist who died in a collision with a road sweeper truck in Rathfarnham, Dublin, has settled a High Court action for €90,000. The fatal accident occurred on November 17, 2017, on Whitechurch Road.

Jury fails to reach verdict in Jimmy Guerin defamation action against Gemma O’Doherty

01 Oct 2023  |  www.independent.ie
A High Court jury in Dublin failed to reach a verdict in the defamation case brought by Jimmy Guerin against Gemma O'Doherty after a five-day trial. The jury was unable to come to either a unanimous or majority decision.

€115,000 settlement for schoolgirl who claimed she was left with double vision after alleged delay in treating eye abscess

01 Oct 2023  |  www.independent.ie
A young girl named Lorna Browne, who allegedly developed double vision due to a delayed treatment for an eye abscess, has settled her High Court action for €115,000. The case was presented by her counsel Patrick Treacy SC, instructed by Cian O’Carroll solicitors.

Dublin Airport drone flying accused challenge prosecutions

01 Oct 2023  |  www.independent.ie
Two men, Ainis Guzauskas and Eric Brils, facing criminal charges for allegedly flying drones too close to Dublin Airport, have initiated High Court challenges questioning the constitutionality of the Act under which they are charged. The cases raise similar legal points and are being addressed separately.

Michael Flatley 'devastated' to leave Cork home after extremely hazardous chemical residue detected, High Court told

01 Oct 2023  |  www.independent.ie
Michael Flatley and his family are forced to leave their Cork home due to the detection of extremely hazardous chemical residue. Flatley claims that the main contractor and his insurers were aware of the residue but failed to inform him or take steps to resolve the issue. The case was presented in the High Court.

Damages claim over boy's fall from monkey bars dismissed as judge says ‘accidents can and will happen’

01 Oct 2023  |  www.independent.ie
The High Court dismissed a damages claim for injuries sustained by Daire Sean Hickey, who fell from monkey bars in a Limerick playground in 2014. Ms Justice Marguerite Bolger ruled that accidents can and will happen, indicating that the incident was not due to negligence.

Greg Kavanagh’s counsel says brother's High Court claims against him are ‘outrageous’

01 Oct 2023  |  www.independent.ie
Businessman Greg Kavanagh has labeled as outrageous and ill-founded the High Court claims made against him by his brother Hugh Kavanagh. The dispute centers around the alleged breakdown of a settlement agreement and involves multiple companies, including Simlur Ltd, Structured Marshalled Investments Ltd, New Generation Homes Ltd, and Isotonic Hotel Ltd. The legal action was initiated in 2020 by Hugh Kavanagh and his company, Simlur Ltd.

Woman who broke ankle joint in three places after fall on green awarded €60,000

01 Oct 2023  |  www.sundayworld.com
Denise Kerr, who suffered a triple fracture to her left ankle after a fall at Fairgreen Hill, Letterkenny, sued Donegal County Council for the incident. The court heard that Ms. Kerr, who has an intellectual disability, slipped on gravel placed in the area, leading to significant injuries requiring surgery and prolonged recovery. The court approved a €60,000 settlement, noting the litigation risk and deeming it fair and reasonable.

€195,000 for construction worker whose leg was crushed by digger

01 Oct 2023  |  www.independent.ie
A construction worker, Marek Kapuscinski, was awarded €195,000 by the High Court after suffering severe crush injuries to his leg when a digger reversed into him on a building site. The accident resulted in multiple fractures to his right foot while he was moving bags of rubbish.

Nolan Transport family members tried to mask intention to use pension funds to pay debts, High Court finds

01 Oct 2023  |  www.independent.ie
The High Court found that certain family members of Nolan Transport promoted a false narrative about the instability of Irish banks to conceal their intention to use family pension funds to settle personal debts. Mr. Justice Denis McDonald issued this finding in a detailed judgment, following the settlement of the Nolans' action against their former solicitor, Ciaran Desmond, in 2022.

Woman settles High Court action over fall after being bumped by dancer in Dublin cocktail bar

01 Oct 2023  |  www.independent.ie
A financial risk analyst, Helen Mooney, settled her High Court action after falling in The Odeon Bar in Dublin when another woman dancing knocked her to the ground. The incident occurred on December 5, 2014, on Harcourt Street.

Cyclist awarded €96,000 by High Court in damages after being knocked off bike by motorist

01 Oct 2023  |  www.independent.ie
Alan Massey, a 48-year-old pharmaceutical process operator from Dublin, was awarded €96,000 in damages by the High Court after being knocked off his bicycle by a car on Beaumont Road, Dublin, in August 2019. The driver of the car was sued through her insurance company, AXA.

‘Horse-trader’ hit with €2m bill following Criminal Assets Bureau probe

01 Oct 2023  |  www.sundayworld.com
Christopher Moorehouse, a retired agricultural painter and horse trader, was ordered to pay over €2 million following a Criminal Assets Bureau investigation. The Revenue raised tax assessments against him for the years 2004 to 2015, which Moorehouse contested, claiming delays and unfair interest accrual. However, the court ruled against him, stating that the assessments were properly raised and that Moorehouse had no defense. The judge rejected his arguments and entered final judgment, emphasizing that Moorehouse could have avoided interest by paying the taxes earlier.
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