Tag Archives: High Court

A homeless Clare family, whose previous residence burned down, have launched a High Court challenge aimed at compelling Clare County Council to provide them with accommodation. The action has been brought by David Mongans, his wife, Margaret Lisa Mongans and their four children, who the High Court heard are living in a caravan on the Kilrush Road in Ennis. The Traveller family say their current living conditions are unsuitable for their needs, particularly as some of their children, who are all young, suffer from significant health issues. The Mongans say their previous accommodation at Knockaneen was burnt in 2015 and that they have been homeless ever since. The have resided at different locations in the Ennis area and with relatives and have also spent time living in a shed. They are currently living in a caravan. They are on the local authority housing list. In their action against Clare County the family seek various orders including one compelling the council to …

Environmentalist Peter Sweetman has launched a High Court challenge against a decision by An Bord Pleanála to grant planning permission for an extension to an existing windfarm in County Clare. The challenge is against the board’s decision to grant ESB International permission to build an additional seven turbines at a windfarm development located Boolynagleragh, which Mr Sweetman says is “unreasoned and unreasonable,” and “contrary to law”. Represented in the action against the board by Oisin Collins Bl and O’Connell & Clarke Solicitors, Mr Sweetman seeks an order quashing the planning authority’s decision of June 13 last to grant planning permission in respect of a windfarm development at Boolynagleragh. Mr Sweetman also seeks a declaration from the court that he is entitled to pursue the action at a cost that is not prohibitive. Both Clare County Council, which in 2014 turned down the extension application and ESB International are notice parties to the proceedings. Mr Collins told the court it is …

The High Court has cleared the way for a man living in County Clare to be extradited to the Czech Republic after spending some seven years on the run. In 2009, the Supreme Court ruled Marek Ster, who has been living in Ireland form some time, should be surrendered to his native Czech Republic. However, he was never extradited as he went on the run after the court made its ruling. Mr Ster, who suffers from a number of health problems is wanted by the authorities in the Czech Republic where he is due to serve a four and a half years prison term, following his conviction for committing gross bodily harm and theft in 2002.He was both convicted and sentenced by a Czech Court in his absence. He was arrested in Ireland, on foot of a European Arrest Warrant, in November 2006. He opposed the application to extradite him, on grounds including that he feared for his and his …

The High Court has awarded a Clare-based singer €64,300 in damages for injuries she sustained after she slipped and fell in a Limerick city supermarket. Rachel Prior, aged 32 years and known by her stage name of ‘Rachy P’, sued Dunnes Stores seeking damages for negligence for injuries she sustained after she slipped and fell to the ground at its outlet at Henry Street, Limerick on December 6, 2008 last. Ms Prior, who lives at Woodkawn, Brickhill West, Cratloe, claimed while shopping in Dunnes her feet shot out from under her and she fell forcefully onto her back after she came into contact with a white liquid- milk or cream- on the floor surface in the vicinity of the diary fridge. She claimed she suffered immediate pain. The court heard she suffered pain in her neck and lower back and other injuries as a result of the accident. Dunnes Stores had denied the claims. During the action the supermarket’s lawyers …

The finance manager of the world famous Dromoland Castle hotel has settled her High Court action aimed at preventing her purported dismissal. Orla Horgan applied to the High Court for an injunction preventing her employer, Dromoland Castle Holdings Ltd from terminating her employment as finance manager. She claimed she was being made “a scapegoat for fraud at the Five Star hotel” due to suspicious transactions carried out by another employee in the finance department which she had “nothing to do with”. Her lawyers had previously secured permission from the High Court for service of the proceedings at short notice on her employer. The matter returned before Mr Justice Paul Gilligan at the High Court today (Tuesday). Oisin Quinn, SC for Ms Horgan, said the action had been settled and could be struck out. Mark Connaughton, SC for Dromoland, said his side were consenting to the case being struck out. No details of the settlement, which are understood to be confidential, …

A WEST Clare woman has won a High Court order overturning a grant of permission for a development of four wind turbines near her home at Coore, near Mullagh. In a judgment strongly critical of absence of clarity and specificity in An Bord Pleanála’s grant of permission, Mr Justice Max Barrett said decisions of public bodies must be clear enough for people to decide if there is a legal basis to challenge them. “Proper planning was never intended to be, nor can it be allowed to become, a perk reserved for the few who can afford expert lawyers, with something less than best being the lot of the many who cannot,” he said  on Tuesday. Kathleen Connolly was “rightly insistent” there be full compliance with the law before a windfarm is planted by her homestead, he said. While the board had criticised her case as “opportunistic”, arguing it had “little or nothing to do with a bona fide concern for …

A woman left permanently disabled with severe back and other injuries after slipping on grapes while shopping in a Tesco store in Kilrush has been awarded €1.4m damages by a High Court judge. Mr Justice Anthony Barr made the award to Patricia Walsh (48), Shannondale Stud, Rehy, Carrigaholt, over the incident in the Tesco store at Kilrush, on August 28th 2012. A stay applies on the award pending an appeal on condition €500,000 is paid out now, plus 75% of Ms Walsh’s legal costs. Ms Walsh, represented by Edward Walsh SC and Pat Quinn SC, instructed by Carmody & Co Solicitors, sued Tesco Ireland which admitted liability on the first day of the case. It ran for seven days and involved evidence from 15 doctors among others. In his detailed judgment, the judge said it was clear, as a result of the fall, Ms Walsh suffered a serious injury to the muscles and ligaments of her lower back which caused …

AN environmentalist has lost his legal challenge to a grant of permission for a 2km bypass around Killaloe. Peter Sweetman, along with an environmental protection company, The Swans and the Snails Ltd, claimed the project, which includes construction of a 170 metre long bridge over the River Shannon, will result in the direct, permanent, and irreversible destruction of a woodlands habitat. The High Court, with Mr Justice Paul McDermott presiding, heard the habitat in question, an alluvial wet willow-alder-ash woodland, is located on the western side [Clare bank] of the proposed bridge. Mr Sweetman and the company argued permission for the project should never have been granted to Clare County Council by An Bord Pleanála. It was claimed the board failed to carry out an adequate assessment under the EU Habitats Directive. Mr Sweetman, of Bunahowen Cashel, County Galway, and the company, with an address at Rossport, South Ballina, County Mayo, claimed an environmental impact assessment carried out by the board …