Tag Archives: High Court

The scene along the Grand Canal in Dublin after Elias Adane was seriously injured after the tent he was sleeping in was removed by an “industrial vehicle” while he was still in the tent in January. The clearing was made within hours of the General Election 2020 being called.

At the weekend.

Colin Coyle, in The Sunday Times, reported:

A homeless man who was seriously injured in January, when a digger tried to clear his tent from beside the Grand Canal in Dublin, has launched a High Court action against Dublin city council and Waterways Ireland.

…Elias Adane, the homeless man, is reported to have sustained life-changing injuries, including damage to his spinal cord. He remains in hospital.

Adane, originally from Eritrea, had been living in a tent at Wilton Terrace, near Leeson Street Bridge, for several months before the incident.

…Adane is being represented in the legal action by solicitor KOD Lyons. He came to Ireland in 2005 as an unaccompanied minor and had been homeless for several years.

Dublin tent victim Elias Adane takes fight to High Court (Colin Coyle, The Sunday Times)

Previously: “Those Tents, They Couldn’t Remain There. It Wasn’t Safe For Them”

At Leeson Street Bridge [Updated]

From top: Four Courts in Dublin; John Waters; Gemma O’Doherty

Last night.

It was reported that Gemma O’Doherty and John Waters, representing themselves, went before Mr Justice Mark Sanfey in the High Court yesterday to challenge laws brought in by the State amid the pandemic.

In judicial review proceedings against the State and the Minister for Health they want recently enacted legislation to be declared null and void.

Aodhan O’Faolain, in The Irish Examiner, reported:

Mr Waters told the court that the legislation was “unconstitutional“, “improperly enacted,” and “very flawed“.

He said the challenge was brought on grounds including that the laws were brought in by a caretaker Government, by a Dail where the number of TD’s present in the chamber when the vote took places was limited.

He said he was further concerned that the legislation was enacted by the outgoing rather than the incoming Senate, which he says it should have been.

…The judge, who said that the court was only concerned about the legality of the legislation challenged and not about any policy taken by government, directed that the journalists’ application for permission to bring the challenge be made on notice to the State respondents.

The judge adjourned the matter for a week, when it is to be mentioned before the court.

Gemma O’Doherty and John Waters bring court challenge to Covid-19 restrictions (The Irish Examiner)

Covid-19 restrictions challenged in High Court (RTÉ)

Journalists tell High Court coronavirus laws ‘unconstitutional’ (The Irish Times)

Previously: Locking Down Our Civil Liberties

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Nama; developer Michael O’Flynn (centre) outside the Four Courts in 2014

The Irish Times reports:

The State’s National Asset Management Agency (Nama) received just £340,000 (€390,760 ) from the O’Flynn group’s sale of two British properties that were later valued at £5.3 million, the Court of Appeal heard.

Companies linked to developer Michael O’Flynn are suing former workers Patrick Cox, Liam Foley, Eoghan Kearney and others, claiming that they earned a €12.5 million profit on a student accommodation project at the property business’s expense.

Mr Cox and the others are challenging the claim on several grounds, including that the companies taking the legal action never employed them.

Nama got just £340,000 from sale of O’Flynn properties, court hears (Barry O’Halloran, The Irish Times)

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RTÉ’s Fergal O’Brien tweetz:

Aontú leader Peadar Tóibín has withdrawn his bid to seek a High Court injunction to stop the broadcast of the leaders’ debate on RTE’s Claire Byrne Live tonight. His counsel informed the court this afternoon the “injunction application will not be proceeding”.

Meanwhile…

Claire Byrne’s two-hour live debate from Galway will take place on RTÉ One at 9.35pm.

It will involve Sinn Féin’s Mary Lou McDonald, Fine Gael’s Leo Varadkar, Labour’s Brendan Howlin; Fianna Fáil’s Micheál Martin; Solidarity/People Before Profit’s Richard Boyd Barrett; Green Party’s Eamon Ryan; and Social Democrats’ Roísín Shortall.

Aontú will not seek injunction over RTÉ debate (RTÉ)

Avalon House, Aungier Street, Dublin 2

Olivia Kelly, in The Irish Times, reports:

Businesses on Aungier Street, Dublin, are to take legal action to stop the opening of the State’s largest homeless hostel for rough sleepers at Avalon House.

The Peter McVerry Trust and the Dublin Region Homeless Executive intend to take over the backpackers’ hostel, above a branch of Starbucks cafe, and use it to provide emergency accommodation for 155 homeless adults.

A lease on the building has been signed by the trust, and the facility is due to open in January. However, local businesses say they will seek a High Court injunction to stop it going ahead.

Dublin businesses seek to stop 155-bed homeless hostel (Olivia Kelly, The Irish Times)

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Dublin City Coucil offices on Wood Quay, Dublin 8; Minister for Housing Eoghan Murphy 

Paul Reynolds, of RTÉ, reports:

Officials from Dublin City Council were aware and recommended that protection money be paid to two violent criminals so that council houses could be built in west Dublin in 2016 and 2017, the High Court has been told.

The court heard that three building firms working for the city council paid between €1,200 and €1,500 a week to Derek ‘Dee Dee’ O’Driscoll from Croftwood Grove and “his enforcer” David Reilly from nearby Croftwood Park to prevent the sites and construction staff from being attacked.

Over €250,000 in the men’s bank accounts has been declared the proceeds of crime and confiscated by the Criminal Assets Bureau, along with a mobile home and a horsebox.

Meanwhile…

Minister for Housing Eoghan Murphy was asked about the matter by Claire Byrne on RTÉ’s News At One

He said the first he became aware of the matter was this morning. He also said his department are trying to get the bottom of it “as quickly as possible”.

Meanwhile…

Eamon Melia tweetz:

Junior minister Catherine Byrne was told about criminals been paid protection money by DCC but didn’t tell her boss Housing Minister Eoghan Murphy. Says Eoghan Murphy, watch this space.

Council officials recommended building firms use services of violent criminals for protection (RTÉ)

UPDATE:

This afternoon.

Junior health minister Catherine Byrne was asked about the matter by Irish Examiner journalist Daniel McConnell at a Department of Health press conference concerning Budget 2020 (above).

Mr O’Connell put it to Ms Byrne that Sinn Féin TD Aengus O’Snodaigh has claimed he told Ms Byrne and the Government about the matter more than two years ago.

She said:

“I did know about the incident. It was highlighted in a newspaper around on the 19th or the 18th of December. I received an email into my office Christmas Eve, I didn’t see the email until the 29th.

“…I had rung the [Dublin] city council after I saw the incident happened and I was talking to officials and the local area officer told me that there had been an incident where there was intimidation and a JCB was burned out and the man who was driving had been injured.

“But he assured me that everything was fine and that the council were dealing with it and the guards were involved.

“After that, on the 29th, when I did receive, I looked at the letter, I read it. I was very concerned with what was in it. But I also noted in the letter that it also been brought to the guards’ attention at Clondalkin and other senior officials.

“And really, my job, at that stage, was finished because this was an investigation by An Garda Síochána.

“I suppose one of the things, I just want to make very clear, I totally condemn intimidation or extortion at any level, particularly in communities and particularly in vulnerable communities.

“Down through the years, Ballyfermot and Cherry Orchard has had problems, not only significant problems around drug issues but around criminal activity aswell.

“But I totally, totally condemn them. And I want to make that very clear.”

Watch back in full here

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From top: Ryanair pilots strike outside Dublin Airport last October; Fórsa’s deputy general secretary Matt Staunton, national secretary Angela Kirk, and head of communications Bernard Harbor outside the High Court this morning

Helen Coffey, in The Independent UK, reports:

A planned strike by Ryanair’s Irish pilots will not go ahead this week after a ruling from the Dublin High Court was issued this morning.

The Irish court said it would grant Europe’s biggest airline an injunction to prevent a 48-hour stoppage beginning on 22 August.

Justice McDonald said he would restrain the union “from directly or indirectly, organising, directing or endorsing their members to participate in a strike on 22 and 23 August 2019”.

Ryanair strikes: Irish pilots’ walkout scrapped after High Court ruling (Helen Coffey, The Independent UK)

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Former CEO of FAI John Delaney (second from right) on his way to an Oireachtas committee hearing last month

More as they get it.

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Ruth Morrissey and her husband Paul outside the High Court this morning

Orla O’Donnell, of RTE, reports:

Ruth Morrissey has won her High Court action over the alleged misreading of smear tests and the failure to tell her about it.

The 37-year-old and her husband Paul have been awarded €2.1 million in damages.

Ms Morrissey and her husband, Paul, of Monaleen in Co Limerick, sued the HSE and two laboratories – Quest Diagnostics and MedLab Pathology Limited.

It is the first such case to have been heard in full and to be the subject of a High Court judgment.

Terminally ill woman awarded €2.1m in smear test case (RTE)

Ms Morrissey spoke to reporters after the judgment.

At one point she said:

“What can I say, I didn’t think I’d be in this position because our Taoiseach told us none of us would have to go through this but unfortunately I’m one who had to. So I hope that’s a positive thing for the women who are left – that they don’t need to do this.

“To fight for what is there right to have a good life of what they’ve left.

I’d encourage every woman to continue on getting their smears because it’s very important even though it failed me but it does save many, many lives and it’s a screening programme that we need. The HPV [vaccine], if you’re eligible, please get it. This is not a cancer that you want.

“And I’d just like to thank this man here [Paul] for being my rock through everything.”

UPDATE:

UPDATE:

Vicky Phelan

In today’s Irish Times,  Health Correspondent Paul Cullen has an interview with Limerick mother-of-two Vicky Phelan – one year on from her High Court case where she settled a case against Clinical Pathology Laboratories Inc, Austin, Texas, for €2.5million.

Ms Phelan, who refused to sign a gagging order about her case, was diagnosed with terminal cancer following a cervical smear test error.

Following her case, it later emerged that more than 200 women diagnosed with cancer were not informed of an audit which revised their earlier, negative smear tests.

Mr Cullen reports:

“…Ms Phelan said the Taoiseach ‘just doesn’t get it’ in relation to fixing the problems that have arisen.

‘The classic example is him going on Six One News saying no woman would ever have to go into court, and look what’s happened. That’s still the case and not only that, the tribunal has not yet been established in order for that not to happen.

I don’t think he gets it at all. And it’s not just because he’s a gay man, I just don’t think he gets it.’

…’I think we got a lot of promises made at the time, not to shut us up but to “give them what they want quickly and get them off the pages”.

‘Until we have a situation in this country where people are held accountable for what they’ve done, these things are just going to keep happening and there’ll be another scandal,’ she said.”

Meanwhile, during an interview with Miriam O’Callaghan on RTE’s Today with Sean O’Rourke this morning, Ms Phelan apologised for and clarified her ‘gay man’ comment (above).

She said:

“I’m critical of the Government in general. I suppose, I think some of what I said was taken out of context and I would like to apologise to the Taoiseach for the comment in today’s article.

“What I said, I was trying to make the point that the issues faced by the women and their families are wide-ranging, they involve input from a wide range of players, from the Department of Health to the HSE, legal profession, the medical profession, and the Attorney General’s office to draft up this legislation.

“And basically any unwillingness or inertia on the part of one player can hold everything up and that is exactly what has happened over the last 12 months.”

Asked specifically what she was trying to say when she made the “gay man” comment, Vicky said:

“This is a women’s issue and it’s always about women, that was the point I was making. It wasn’t anything to do with the Taoiseach being gay, whatsoever. That was totally taken out of context.”

“We’ve seen it on a number of occasions over the last number of years, Miriam, between the different scandals that have happened to women. Bridget McCole, the Hepatitis C scandal…I think we have a very poor record and poor history in this country in dealing with women’s issues.”

Vicky Phelan criticises Varadkar for ‘unacceptable delays’ (Paul Cullen, The Irish Times)

Listen back to interview in full here

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