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Tag Archives: High Court

Clare pyrite homeowners to join ‘path-finder’ legal actions

CLARE homeowners affected by pyrite are being encouraged to explore their legal options in accessing redress, as part of a series of ‘pathfinder’ cases being taken to the High Court in the coming months. Founder of the Clare Pyrite Action Group (CPAG), Dr Martina Cleary confirmed she will be participating in the action, alongside several homeowners in Donegal, who are affected by mica. “I am happy to say Clare Pyrite Action Group will have a number of pathfinder cases going forward with Coleman Legal in the New Year,” she said. “I personally have signed up to this action, as none of our local representatives have been able to secure justice for impacted homeowners in County Clare.” Dr Cleary also confirmed that solicitor Dave Coleman will meet Clare homeowners soon to outline their options. Under Irish law, class actions are not currently permitted, hence the need to file several individual cases, as so-called ‘pathfinders’. “In path-finder cases, the courts are asked …

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High Court ruling offers “glimmer of hope” to publicans says Clare VFI chair

THE chair of Clare VFI has said a landmark High Court ruling offers a “glimmer of hope” to struggling publicans in the county whose doors have remained shut for almost a year because of Covid-19. The High Court has ruled that four pub owners are entitled to be compensated by FBD Insurance for the disruption their businesses suffered due to the pandemic. The outcome of the case affects claims made by more than 1,000 pubs and restaurants across the country. Clare VFI chair Darragh McAllister has urged publicans in the county to examine their own insurance policies and seek the advice of an independent assessor. The chairman described news of the ruling as “fantastic”, adding that the VFI “knew all along that FBD did owe those companies compensation”. “The question now is, number one, what kind of quantum will be involved, and also what other companies will have to pay out because it all comes down to the policy. There are …

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Hospital Investigates Serious Patient Data Breach

DOZENS of Clare patients are expected to be affected by a breach of patient information at University Hospital Limerick. The UL Hospitals’ Group are writing to 630 patients including 95 children concerning a breach of patient data in relation to their attendance at the Emergency Department in UHL between April 18th and April 22nd last. The data in question was extracted from an automated system used in the ED to dispense medication safely, according to a statement issued by the group. It was taken, without HSE knowledge or approval, by an employee of a company, which was then supporting this system; and not by any HSE employee. This information was published online in the form of a file linked from a Twitter account. This file contained personal data including patients’ names, date of birth and the names of medications dispensed while they were in the ED. The medications were primarily painkillers and antibiotics. The group became aware of the breach …

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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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