Monthly Archives: April 2018

Guinness heir takes family to court over trust

One of the Guinness heirs is By Anne Sheridan taking High Court action against a host of family members to settle property interests and arrangements of a trust held by the family. Kieran Arthur Guinness, 69, who runs a stud farm in Co Westmeath, is taking eight sets of civil proceedings against more than 15 family members, including his older brother, the Honorary Finn Benjamin Guinness, 72, and a number of other siblings. Speaking last night, Kieran Guinness said the case ‘isn’t acrimonious or controversial at all’. ‘My father set up the trust a long time ago and it needs to be updated. The trust has got a bit of property, and a dairy farm. It’s just a matter of rearranging things. It’s just changing some of the beneficiaries of the trust, and...
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Bill Cosby found guilty of sexual assault in retrial

US comedian Bill Cosby has been found guilty of three counts of sexual assault, each of which carries a potential 10 years in prison.

The actor, 80, has been on trial for drugging and assaulting ex-basketball player Andrea Constand in 2004. Cosby, the first major black actor on primetime TV, will remain out of jail until he is sentenced, the judge ruled. He lost his temper after the verdict, as prosecutors argued he should be denied bail. The prosecutor argued that he should be held because he is "somebody who has unlimited wealth" and could flee on a private plane. "He doesn't have a plane," Cosby then erupted, adding a vulgarity which he directed at the prosecutor. "I feel like my faith in humanity is restored," Cosby accuser Lili Bernard said outside the courthouse. "We are...
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Lional Messi scores copyright victory in case at EU court

The EU judges said that Lionel Messi should get the EU trademark for the logo, which consists of an emblem with an M, with the name Messi underneath. The soccer player has fought since 2011 to get the EU trademark rights for the logo, which is used for sports clothing and shoes. Jaume Masferrer Coma, the owner of a brand of cycling clothes called Massi, has so far blocked the Argentina national team star, with Mr Coma arguing that he already owned EU trademarks for his brand and allowing Messi to claim one would cause too much confusion with customers. The EU’s intellectual property office in Alicante, Spain, had ruled against Messi, who in 2014 challenged this decision at the bloc’s second-highest court. Messi is reportedly one of the best-paid sports people in the...
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Sean Fitzpatrick’s wife claiming €6m in assets in bankruptcy case at High Court

Catriona Fitzpatrick, the wife of Sean Fitzpatrick, the former chairman of the collapsed Anglo Irish Bank, is claiming around €6m in assets some of which were jointly held by the couple before her husband was declared bankrupt in 2010, the High Court has heard. Mrs Fitzpatrick was giving evidence on the second day of the hearing of three actions relating to whether she has any interest in assets which were the subject of the bankruptcy. Mr Fitzpatrick was declared bankrupt with assets of some €47m and debts of €147m and has since exited bankruptcy. Mrs Fitzpatick has brought proceedings against, Chris Lehane official assignee (OA) in bankruptcy and her husband (as the bankrupt) claiming she has an entitlement to various assets which the court heard include property, shares and bonds. Read the full...
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Boy awarded ‘grief money’ over sister’s death before he was born

A 23-month-old boy, who had not been conceived when his little sister was killed in a hit-and-run in Dublin's Phoenix Park on 6 April 2015, has been awarded "grief money" for her death. Marcel Siatka was born in May 2016, a year and 47 days after his sister Vanessa died in what a trial judge described as the worst case of dangerous driving he had ever heard of. Barrister Conor Kearney, counsel for Marcel and Vanessa's father, Lukasz Siatka, told Judge Terence O'Sullivan in the Circuit Civil Court that the Injuries Board had assessed damages of €42,777 to be divided between Vanessa's surviving family and to include the cost of her funeral. Mr Kearney said the Injuries Board had not considered compensation for Marcel in its assessment as he had not been born...
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Delivery man injured when mattress lifted by wind awarded €380,000

A van driver who claimed he hurt his back when a mattress he was delivering was lifted by a gust of wind into the air, draggging him four metres, has been awarded €380,000 damages.

Declan Homan was delivering the mattress to an apartment on the last of 16 deliveries when he was “caught by a gust of wind”, the High Court heard.

Mr Justice Kevin Cross dismissed claims by Mr Homan’s employer the incident occurred due to an “Act of God” and found negligence for reasons including training failures in relation to lifting mattresses.

The fact the particular gust of wind was unpredictable does not result in a successful defence of Acts of God, he held. He put a stay on the €380,000 award pending...

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Denis O’Brien appeals to Supreme Court over Dáil statements

An appeal by businessman Denis O'Brien against the High Court's dismissal of his action over statements made in the Dáil about his banking affairs will begin in the Supreme Court this morning. Mr O'Brien is appealing against the High Court's decision that it had no power to rule on issues raised by him about how the Dáil's Committee on Procedure and Privileges dealt with the statements and with his complaints. He is also appealing against an order directing him to pay the costs of his failed High Court case. In April 2015, Mr O'Brien was granted an injunction against RTÉ in relation to a proposed broadcast about his banking affairs. He says Social Democrats TD Catherine Murphy and Sinn Féin TD Pearse Doherty then revealed information on the floor of the Dáil, which rendered...
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Taxi passenger awarded €38k after whiplash injury

Judge Terence O’Sullivan told Martin Brown that while nobody could say that degenerative changes in his spine had been caused by the incident, the court accepted the opinion they had been rendered symptomatic as a result of a whiplash injury. Mr Brown, of The View, Robswall, Malahide, Co Dublin, told his counsel, Jane Ferry, yesterday that he still suffers pain and stiffness in his neck and shoulders due to the injury from the 2013 incident on Dublin’s quays. He said he had been late for work on August 19, 2013, and had called the cab. The taxi failed mechanically and, although he had been wearing his seatbelt, he had been thrown forward. He walked the rest of the way to his work in Dublin. Mr Brown said the effects of the incident hit...
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Darron Gibson in court on drink-driving charge

Republic of Ireland footballer Darron Gibson is appearing in court today charged with drink-driving following a St Patrick's Day crash. The 30-year-old midfielder was on his way to meet colleagues at Sunderland's Academy of Light when he was involved in a collision on Dovedale Road on Saturday March 17. The former Manchester United and Everton player, from Hale, Cheshire, was charged with drink-driving and is appearing at South Tyneside Magistrates' Court. If you are involved in a road accident, please visit our Road Traffic Accident page. Read the full story at RTE...
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Doctor to take UL to High Court after mediation fails

A DOCTOR at the University of Limerick who claims he was effectively forced out of his post after 15 years has said he will file High Court defamation proceedings against UL later this month, after a mediation process ended in failure this week — “almost just after it began”. Dr Niall Cahill, medical director of the Student Health Centre at UL from 2000-2015, left UL with a settlement of €185,000, plus his legal costs. His departure followed allegations – which he strongly denies – that he bullied another UL employee. Dr Cahill says the severance deal was “foisted” on him in August 2015 and that he signed it “whilst I was recovering from a serious illness, during which time no duty of care was extended to me”. Read the full story at Read more