Home » Tag Archives: High Court (page 5)

Tag Archives: High Court

Widower of murdered woman seeks damages

The High Court has been asked by the State to halt an action for damages brought against it by the widower of Sylvia Roche Kelly, from Sixmilebridge, who was murdered in Limerick seven years ago. The body of Ms Roche Kelly, a mother of two young children, was found lying face down in the bath of a hotel room in December, 2007 after she met her killer while out celebrating her 33rd birthday. She had been violently beaten and strangled. Gerard McGrath (24) Ballywalter, Knockavilla, County Tipperary, was sentenced at the Central Criminal Court five years ago 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. Lorcan Roche Kelly, on behalf of his two children, has sued the State and the Garda Commissioner for damages, alleging his wife’s killer was “free to …

Read More »

High Court appointment for Judge Moran

His Honour Judge Caroll Moran, who has presided over of the South Western Circuit Court for the past decade, is to become a High Court judge when a vacancy arises. The Government agreed in principle to nominate four serving judges of the Circuit Court, for appointment by the President, to fill four of the seven vacancies that will arise on the High Court once serving judges are appointed to the new Court of Appeal. The other judges in line for High Court appointments  are Honour Judge Mary Faherty, His Honour Judge Raymond Fullam and Her Honour Judge Carmel Stewart. Judge Carroll Moran was educated at University College Dublin and enrolled as a solicitor in1970. He was called to the Bar in 1975. With wide experience as a solicitor and barrister, in both civil and criminal law, Judge Moran was editor of the Irish Reports from 1993 to 1997 He was appointed as a judge of the circuit court in 1997, …

Read More »

Financial foundation laid for Rock Road amenity

IN one of the final acts of Ennis Town Council, funding has been arranged for an amenity scheme for the Rocky Road and water-based leisure facilities at Ballyalla, both a couple of miles on either side of the town. The council, in its last financial statement, has recommended that credits available in its current account be assigned to a number of areas, including specific funding of €22,697 for the Rocky Road and €25,765 for Ballyalla. The statement recommends that development contributions paid and due for recreation and amenity projects be assigned to recreation and amenity improvements, open space redevelopment and development at Ballyalla. The allocation of funding to the Rocky Road and Ballyalla was welcomed by all councillors. Other recommendations in the annual financial statement include that tenant purchase redemptions be assigned to improvement works on the housing stock of Ennis Town Council; that development contributions paid and due for car parks be assigned to the acquisition and improvement of …

Read More »

Ennis legal costs “significant cause for concern”

LEGAL costs which could be more than €500,000 for Ennis Town Council’s defence of two High Court challenges to national legislation are “significant cause for concern” for the local authority. In 2013 Ennis Town Council were involved in two separate cases as a defendant. One case related to the Ennis Casual Trading Bylaws 2011, representing a challenge to the Casual Trading Act 1995 and in particular the status of casual trading on market rights. The council incurred legal costs of €147,000 in relation to this matter. Currently, the council is involved in a separate High Court case regarding the deregulation of the taxi regime. A number of sample cases are being heard in relation to this, including one involving Ennis. The legal costs relating to this are estimated to be in the region of between €300,000 and €450,000. Concern about the cost of the legal battles in defending national legislation to the local authority was outlined at this week’s meeting …

Read More »

Element Six pension trustees acted ‘in good faith’

By Tim Healy MORE than 100 members of the  pension scheme of industrial diamond manufacturers, Element Six have lost a Commercial Court action against their trustees over the winding up of the fund. Mr Justice Peter Charleton this week  ruled the trustees of the pension scheme of the Shannon comnpany had acted reasonably and in the interests of the scheme members as a whole when they agreed in November 20011 to accept an offer to wind up the fund on the basis of a contribution of €37.1m from the company. The members sued the six trustees claiming breach of trust and conflict of interest in accepting the offer and said they should instead have demanded the company make a €129.2m contribution to make up the deficit in the scheme.   The claims were denied. The trustees, comprising three management nominees and three worker nominees,  accepted the €37m offer in a 3-3 vote in which the management nominee exercised his casting vote. …

Read More »

Town council counting the cost of legal challenges

ENNIS Town Council is facing legal bills totalling more than €500,000 defending two separate High Court challenges to national legislation and regulation. A case involving a challenge to the Ennis Casual Trading Bylaws 2011 has resulted in an overall cost of €147,000 to the council. A separate challenge regarding the deregulation of taxis, currently awaiting decision in the High Court, is expected to cost around €400,000. The figures were released during this week’s meeting of Ennis Town Council to agree its budget for 2014. Town manager Ger Dollard stated the council is “seriously concerned regarding the number of cases falling to the council to defend but representing a challenge to national legislation and regulation”. Following a number of High Court hearings, the council secured a settlement in relation to the case taken regarding the Ennis Casual Trading Bylaws 2011, which represented a challenge to the Casual Trading Act 1995 and, in particular, the status of casual trading vis-a-vis market rights. …

Read More »