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Tag Archives: High Court

Constitutional right to environmental protection

Ireland’s leading environmental coalition has welcomed the High Court’s recognition of environmental rights in the Irish Constitution. In a judgement today (Tuesday), Mr Justice Barrett recognised for the first time a constitutional right to environmental protection “that is consistent with the human dignity and well-being of citizens at large”. In his judgement, Mr Justice Barrett said that such a right “is an essential condition for the fulfilment of all human rights”. The Pillar – a coalition of 26 national environmental organisations – views the judgement as a significant step forward for citizens’ rights and represents a special moment in Irish judicial history. The Pillar has previously called for a referendum to give a constitutional right to environmental protection to the people of Ireland in its submission for the Citizens’ Assembly on climate change. Michael Ewing, coordinator of the Environmental Pillar, said,”This recognition of environmental rights in the Irish Constitution should encourage politicians to take real long-term action to tackle environmental …

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€170k to repay loss suffered by the fraud

A Cratloe-based executive who was jailed for three years for stealing some €260,000 from the solicitor’s firm he previously worked for has agreed to have a receiver appointed over his pension fund. Monies in the fund, estimated to be approximately €170,000, will go towards repaying those who suffered loss by the fraudulent conduct of Garry Carroll. In 2012, Carroll admitted to multiple charges of theft, larceny and embezzlement before Limerick Circuit Criminal Court of from his employers Connolly Sellors, Geraghty Solicitors- now known as Keating Connolly Sellors. Carroll, who worked as a legal executive with the firm from 1978 to 2009, was sentenced to three years in prison. The court heard that the offences were committed over a 10-year period. Fifty-eight-year-old old Carroll, who lived in Limerick for many years but is now residing in Cratloe,said that his actions were due to a gambling problem. The firm brought civil proceedings against Carroll and obtained a judgement against him in 2014 …

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Homeless Clare family takes court action

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 …

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High Court challenge against windfarm

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 …

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Ennis-based Czech man faces extradition

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 …

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€64,300 injury award for Cratloe singer

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 …

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High Court case against Dromoland Castle settled

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, …

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High Court overturns wind turbines permission

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 …

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