Tag Archives: High Court

MORE elderly people with high-dependency needs are waiting longer periods for specialised home care packages due to a High Court crux. There are at least 170 local people on a public waiting list who are medically eligible for home help hours but cannot access them following successive cutbacks in funding, totalling an estimated €1 million, for Clarecare in recent years. Since the cuts started in 2009, the reduced funding allocated to Clarecare has seen its annual home help delivery drop by about 30,000 hours annually from a peak of over 200,000 in 2009 to about 170,000, which is now delivered by 370 home helps this year. Clarecare general manager, Fiacra Hensey, said the delay in finalising a High Court case, taken by private home care providers in relation to the provision of home care, is creating a waiting list. The HSE Mid-West said it is not in a position to comment on a matter relating to a legal challenge, while …

THE High Court has quashed a decision to dismiss a detective garda, who had admitted breaching garda rules concerning the handling of informants. However, Mr Justice Iseult O’Malley said internal disciplinary proceedings against Limerick-based Detective Garda Brian Culbert from Sixmilebridge should be reheard by a garda board of inquiry established to investigate allegations he had committed serious breaches of discipline regulations. The High Court heard that Culbert had been involved in the investigation of extremely serious crime in the Limerick area. As part of his work, Detective Culbert acted as a handler for an informant. During the course of his work, it was alleged the detective breached garda rules as to how informants are handled. The detective was ordered by his superiors to stop. However, in what was a complex situation, he ignored those orders. As a result, Detective Culbert was charged with breaching garda disciplinary rules and an internal garda board of inquiry was set up to investigate the …

CLARE-born journalist, Ann O’Loughlin has seen her debut novel, The Ballroom Café, go to number four on the Amazon Kindle bestseller list, even before its official launch in the UK and Ireland last Thursday. The Ballroom Café is set at the height of the recession in Ireland in a crumbling mansion, where two elderly sisters, Ella and Roberta O’Callaghan, live alone with their secrets, memories and mutual hatred. Long estranged by a dark family tragedy, they communicate only by terse notes. But when the sisters are threatened with bankruptcy, Ella defies Roberta’s wishes and takes matters into her own hands, converting the mansion’s old ballroom into a café. Much to Roberta’s displeasure, the café is a hit and the sisters are reluctantly drawn back into village life. But Ella finds herself reliving painful memories, when Debbie, an American woman searching for her birth mother, begins working at the café. The sisters find themselves caught up in an adoption scandal that …

THE High Court has found that consultant engineers and Limerick County Council were responsible for the wrongful demolition of a family home during the construction of a new dual carriageway between Limerick and Nenagh. Brian and Mary O’Shaughnessy described the destruction of their single storey two bedroom old Irish farmhouse, The Hollows at Annaholty, Birdhill, County Tipperary on September 6, 2006 was a nightmare. The site was never used for the new road. Giving judgment, Mr Justice Donald Binchy, who said it was “abundantly clear” what happened “was not down to any single act”, found the consultant engineers, which was a joint venture called RPS Scetauroute, was 70% responsible while the local authority was 30% responsible. A third party which carried out the actual demolition was found not to be negligent in the matter. The O’Shaughnessys sought damages for alleged negligence from several parties, including Limerick CC/The National Roads Authority, who it was claimed were both responsible for the operation, …

AN appeal over a failed challenge to the Yes vote in the same sex marriage referendum will get an early hearing, the Court of Appeal heard. Gerry Walshe, of Lisdeen, Kilkee wants to appeal last week’s refusal by the President of the High Court, Mr Justice Nicholas Kearns, of his application to to bring a petition challenging the May 22 referendum result. He is seeking a stay restraining the issuing of the necessary certificate verifying the referendum result. Mr Justice Peter Kelly, dealing with Mr Walshe’s application on Friday, said papers in the case must be ready in two weeks when the court will give him a date for a hearing. The judge said it was an urgent matter and needed to be dealt with soon. Mr Walshe, representing himself, claims the decision is flawed on a number of grounds including that expenditure by the Government on the Yes campaign was not done openly and transparently and in accordance with …

The National Union of Journalists has welcomed the clarification in the High Court this Tuesday afternoon by Mr Justice Donald Binchy that there is no restraint on the media covering parliamentary proceedings arising from his injunction granted to businessman Denis O’Brien last month. Reacting to the ruling, Séamus Dooley, Irish secretary said, “This is an unambiguous ruling in favour of democracy. The right of parliamentarians to speak under privilege is a cornerstone of our democracy and the right of the media to fairly and accurately report such proceedings is fundamental. “Today is a good day for democracy and the determination will be warmly welcomed by all who believe in the democratic principles of our Republic. It is regrettable that motives have been imputed to journalists and the media organisations, whose sole purpose was the reporting of statements made under parliamentary privilege by an elected representative exercising her right under the constitution.”

A SHANNON- based doctor has launched a High Court action against the HSE’s arising out of its plans to provide free GP services to children under six years of age. In what is regarded as an important test action, Dr Yvonne Williams wants the introduction of the new scheme postponed until her representative body, the National Association of General Practioners (NAGP), has an opportunity to negotiate the scheme on behalf of its members. It is claimed the proposed scheme, which is due to come into effect in July, to provide free health care to all children under the age of six years will result in changes to Dr William’s General Medical Services (GMS) contract with the HSE. The GMS contract is the agreement between GPs and the HSE for the delivery of primary care services to medical card holders. She claims the changes to her GMS contract are being imposed on her unilaterally. She also says the exclusion of the …

A North Clare-based GP has launched a High Court action over the Health Service Executive’s decision that he does not qualify for payments under a scheme designed to ensure services are provided to medical card-holders in rural areas. The action has been brought by Dr Liam Glynn, a GP working out of Ballyvaughan and Fanore, arising out of a decision by the HSE earlier this year that he no longer qualified for payments under a scheme known as the Rural Practice Allowance. The scheme applies where a doctor lives and practices in a centre with a population of less than 500 people and where there is not a town with a population of 1,500 or more within a three-mile radius of that. He provides medical services  from Ballyvaughan Medical Centre and Fanore Dispensary, and makes numerous house calls to patients every week. The HSE in correspondence with Dr Glynn said its decision was based on the fact that Dr Glynn …