Tag Archives: High Court

Transaero in Shannon has successfully exited examinership this week. The aircraft maintenance specialist exited High Court protection on Wednesday after a three-month examinership succeeded in rescuing the business. In congratulating management and workers, Senator Tony Mulcahy said, “This is a hugely positive story as it secures the future of a significant aircraft maintenance facility, which it will also give confidence to other operators considering investment in Shannon. “It is important that Transaero’s customers and suppliers also be acknowledged for their support for the company. This important Shannon operation can move forward with confidence and I am particularly delighted that job security has now been confirmed for workers there,” he added.

A 21-HOUR siege in Gort eight years ago was recalled this week when a retired garda sergeant, who suffered Post-Traumatic Stress Disorder (PTSD) following the incident, was awarded €50,000 damages in the High Court. Mr Justice Bernard Barton said during a Garda Compensation hearing that Peter Carr had been in a dangerous and life threatening situation and it was of no surprise that he had suffered psychological injuries. The court had heard that gardaí received a call from a woman at around 11.20pm on October 8, 2006, stating that shots had been heard at Crowe Street, Gort. Two garda cars were dispatched and it had transpired that a domestic dispute had taken place at No 67, where Anthony Burke had fired shots. His partner and three children had fled to a neighbour’s house. Mr Carr told the court that Burke, who had two shotguns and around 1,400 cartridges, had been firing round after round from his house, from the front …

Internationally acclaimed  Clare musician Sharon Shannon and her manager, John Dunford have consented before the Master of the High Court to a judgment for €520,000 being registered against them. Mr Dunford, as well as acting as Ms Shannon’s manager, is a well known music producer. Permanent TSB sought the judgment, both jointly and severally, against the pair after they allegedly failed to make repayments on a business loan taken out with the bank in 2006. In its proceedings, Irish Life and Permanent Plc, trading as Permanent TSB Plc said Ms Shannon, Devon Gardens, Salthill Co Galway and Mr Dunford, Corbawn Shankill, Dublin borrowed €402,000 by way of an Endowment Residential Business Loan from it in November 2006. The loan was to be repaid by way of month installments of just over €1,650 over a period of 20 years. In June 2010, the banks said the pair failed to make two monthly repayments in a row. Under the terms and conditions of …

The High Court has struck out an action for damages brought by the widower of murdered mother of two Sylvia Roche Kelly. The body of Ms Roche Kelly was found lying face down in the bath of a hotel in December 2007, after she met her murderer while out celebrating her 33rd birthday. She was violently beaten and strangled. Gerard McGrath Ballywalter, Knockavilla, County Tipperary, was later sentenced at the Central Criminal Court to life imprisonment after admitting murdering Ms Roche Kelly at The Clarion Hotel, Limerick, on December 8, 2007. McGrath was on bail at that time on a charge of assaulting a female taxi driver in April 2007. Her widower, Lorcan Roche Kelly from Sixmilebridge sued the State and other parties, including the Garda Commissioner and the Minister for Justice, for damages alleging his wife’s killer was “free to commit the crime of murder when he should have been in custody.” He claimed the failure and inaction of …

Dozens of cases being taken against the manufacturers of allegedly defective hip replacements may be struck out following a ruling by the High Court. In what is seen as a test action that may have implications for a number of Irish cases Ms Justice Mary Faherty ruled that a claim brought by County Clare woman against the hip replacement makers required an authorisation from the Personal Assessment Injuries Board PIAB, now known as injuriesboard.ie, before it could proceed to a hearing before the courts. Ms Randa Murphy from Ennis is one of a number of people who has sued DePuy international Ltd. The firm owned by Johnson & Johnson, is currently subject to thousands of cases worldwide. including several hundred in Ireland related to its 2010 world wide recall of faulty hip replacement systems it sold. While Ms Murphy has brought parallel proceedings against DePuy where an authorisation has been obtained it is understood that as a result of the …

A couple whose home was demolished without any prior notice to them while a new dual carriageway was being constructed between Limerick and Nenagh have settled their High Court damages action. Brian and Mary O’Shaughnessy claimed the last eight and a half years had been a nightmare after their single storey two bedroom old Irish farmhouse, at Annaholty, Birdhill, was razed to the ground and the site cleared on September 6th 2006. The site was never used for the new road. As a result of the loss of their home,which the couple was renovating at the time, they sought damages for alleged negligence from a number of parties including from Limerick County Council and The National Roads Authority, who it was claimed were both responsible for the operation, design and acquisition of land, and oversaw construction of the N7 dual carriageway scheme. They also sued RPS Consulting Engineers Ltd and EGIS Route Scetauroute SA (which was a joint venture in …

The eight and a half year nightmare endured by a County Clare couple after their home was, without any prior notice to them, demolished while a new dual carriageway was being constructed between Limerick and Nenagh, was outlined in the High Court on Wednesday. Brian and Mary O’Shaughnessy,originally from County Clare, have been living in rented accommodation after their single storey two bedroom, described as an old Irish farmhouse, at Annaholty, Birdhill, was razed to the ground and the site cleared on September 6, 2006. The court heard while other houses in that area had been acquired and demolished in order to construct the dual carriageway, the O’Shaughnessys, whose property is close to the new road, were informed by the National Roads Authority (NRA) in 2003 their home did not need to be acquired in order to complete the project. As a result of the loss of their home, which the couple was renovating at the time, they are seeking …

The new Companies Bill passed in the Houses of the Oireachtas last week will ease the burden of red tape for Clare business people and simplify many existing company law requirements, according to local TD, Joe Carey. The Bill, which is the largest substantive piece of legislation in the history of the State, has now been sent to the President for signing. “The passing of the new Companies Bill through the Oireachtas is great news for entrepreneurs and business owners in County Clare as it will significantly ease the burden of red tape on small business,” said Mr Carey. It is estimated that 200,000 SMEs and 12,000 start-ups every year will be able to substantially reduce the costs and time associated with establishing and running a company, as a result of this Bill. “The vast majority of companies in Ireland are private companies limited by shares and for that reason they will be placed at the centre of the legislation. …