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Judge dismisses case brought by young woman over schoolyard fall
Judge dismisses case brought by young woman over schoolyard fall

Irish Times

timea day ago

  • Irish Times

Judge dismisses case brought by young woman over schoolyard fall

A High Court judge has thrown out a case brought by a young woman over injuries suffered when she tripped in a schoolyard nine years ago. In May 2015, Amanda Shakira Dinnegan was racing several of her classmates after the lunchtime bell rang at Loughegar National School when she fell, fracturing her elbow, the court previously heard. Ms Dinnegan (19), of Cloghan, Mullingar, Co Westmeath , sued the school's board of management for damages arising from the accident. She claimed she was wrongfully caused or permitted by the school to come into contact with a raised steel grating in a concrete footpath, causing her to fall and injure herself. The school denied liability on several grounds. READ MORE In a published judgment, Mr Justice Paul Coffey dismissed Ms Dinnegan's case, after he found she did not trip on the grating. In making his finding, the judge noted 'inconsistencies and inaccuracies' in Ms Dinnegan's evidence. Mr Justice Coffey said Ms Dinnegan did not offer a satisfactory explanation for the 'fundamental shift' in her description of how the accident occurred. Her case, from when she brought the proceedings in 2017 to mid-2018, was that she was tripped by another child while running. Ms Dinnegan later changed her account, alleging that she tripped on the raised drainage grating. She attempted to explain this shift by her confusion in the aftermath of the accident, and initial presumption that she'd been tripped by another child. She also made references to her age and emotional state at the time in seeking to explain the change, the judge noted. The judge said a 'fundamental inconsistency' remained between the two narratives. 'No clear or convincing explanation was given as to why, if she has always believed the grating to be responsible, that version was not asserted until more than three years after the incident,' he said. Ms Dinnegan had pleaded that as a result of her injuries, she had to give up certain activities that she enjoyed, including boxing. When during cross-examination the school produced a newspaper article reporting she had won a Leinster boxing title in 2017, she said she'd competed in the event, but had 'forgotten all about it', the judge noted. The judge also noted the evidence of Mary Kenny, a special needs assistant who was present in the schoolyard when the accident occurred. She said that on the day in question, she pointed out to the school's principal where Ms Dinnegan had fallen. This location was some distance away from the grating complained of by Ms Dinnegan. The judge noted that Ms Kenny's evidence was supported by CCTV. 'Taken cumulatively, the evidence of Ms Kenny, its consistency with the CCTV footage, and the plaintiff's inconsistencies and inaccuracies in relation to both core and peripheral matters, lead me to find as a fact that the plaintiff's fall was not caused by contact with the allegedly defective grating,' Mr Justice Coffey said. The judge said he found as fact that the fall occurred 'without any identifiable external cause'. He also said he was satisfied the fall occurred in the course of 'ordinary children's play', and was 'incidental to typical schoolyard activity which ... does not give rise to any liability on the part of the school'. In light of his findings, the judge dismissed the case.

Win two VIP tickets to The Yoga Picnic and a luxury getaway to Wineport Lodge.
Win two VIP tickets to The Yoga Picnic and a luxury getaway to Wineport Lodge.

Irish Times

timea day ago

  • Entertainment
  • Irish Times

Win two VIP tickets to The Yoga Picnic and a luxury getaway to Wineport Lodge.

The Yoga Picnic is a one-day yoga and wellbeing festival held on the banks of Lough Ennell, Co. Westmeath. Set in the stunning grounds of Lilliput House, this is not just a yoga festival—it's a full-blown day of connection, nature, movement, music, and deep exhalation. Founded by Mary Gardner, Alice Harrison, and Katy Harrison, the festival brings together some of the world's leading yoga teachers, wellness experts, and holistic practitioners. The Yoga Picnic was created to support Ireland's yoga and wellness community while promoting sustainability, mental health awareness, and mindful living. The festival provides a space where people of all levels can practice, learn, and connect. The event is rooted in the belief that yoga is for everyone. Whether you are experienced or just starting out, The Yoga Picnic is a chance to slow down, move, and take part in something meaningful. Summer is the perfect time to leave the stress of everyday life behind and treat yourself to a relaxing getaway. The Wineport Lodge is a stunning location, where lakeside luxury meets summer staycation perfection. With a history dating back to St. Ciaran's monastery, Wineport Lodge offers stunning views of Lough Ree and a warm, personal touch that makes every stay special. Whether it's relaxing by the lake or enjoying the spa, it's the ideal place to unwind and recharge. More home than hotel, Wineport Lodge is a luxury retreat where cosiness and comfort are at the heart of every stay. With just 34 individually styled rooms and suites, Wineport offers an intimate and restful escape. Savour seasonal, locally inspired cuisine in the award-winning restaurant, unwind in the lakeside Cedarwood Spa, or enjoy a unique stay aboard Full Circle, the hotel's permanently moored cruiser. Whether you visit to relax, indulge, or explore, Wineport Lodge is your perfect lakeside haven. For your chance to win, simply fill in the form below. Good luck! Terms & Condition The promotion is open to residents of Ireland aged 18 years or over except employees of the Promoter, their families, agents or anyone professionally connected with the promotion. A valid entry consists of a correct answer entered in the form above, accompanied by the entrant's name, email address and a phone number. No applications from agents, third parties, organised groups or applications automatically generated by computer will be accepted. No incomplete, illegible, or corrupted entries will be accepted. No entries not in accordance with the entry instructions will be accepted. The Promotion will run from 27/06/2025 to midnight on 02/07/2025 inclusive. All entries must be received by the Promotor by no later than midnight on the Closing Date. All competition entries received after the Closing Date are automatically disqualified. Promotion limited to one entry per person. No entrant will win more than one prize. By submitting an entry to the Promotor, you are agreeing to be bound by these terms and conditions. It is the responsibility of You, the entrant, to provide correct, up-to-date details when entering the promotion and on acceptance of the prize. The Promoter cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize Responsibility will not be accepted for entries lost, damaged, delayed or prevented as a result of any event beyond the Promoter's control including, but not limited to, user error and any network, computer, hardware or software failures of any kind.. Proof of sending is not proof of receipt. Entries will become the property of the Promoter. The prize is a one night bed and breakfast in Wineport Lodge on July 4th, 2025 and two VIP tickets to The Yoga Picnic on Saturday July 5th, 2025. The prize includes spa passes at The Yoga Picnic, stand up paddle board passes, cacao ceremony tickets, and exclusive 'The Yoga Picnic' merchandise. There will be one winner. All prizes will be subject to any additional terms and conditions of the supplier of the prize to the Promoter. This prize must be used on the dates specified and cannot be refunded or redeemed for cash. The Promoter shall not be liable for any loss, including, without limitation, indirect, special or consequential loss, or loss of profits, damage or consequential damage of any nature in contract, tort (including negligence) or otherwise caused by the acceptance of the terms and conditions or in connection with the prize, save for any liability which cannot be excluded by law. In the event of unforeseen circumstances the Promoter reserves the right to substitute the prize for an alternative of equal or greater value. The winners will be notified by email. The winner must claim the prize within 30 days of the notification. If the prize is unclaimed after this time, it will lapse and the Promoter reserves the right to offer the unclaimed prize to a substitute winner selected in accordance with the Promotion rules. Where a winner has successfully claimed the prize, the Promoter shall dispatch, or arrange to dispatch, the prize to the winner at the earliest opportunity. Nothing in these Terms and Conditions shall be interpreted as placing an obligation on the Promoter to dispatch, or arrange to dispatch, the prize within a specified period of time. The Promoters' decision is final and binding in all matters and no correspondence will be entered into. The winners' details (name and county) will be made available on The Irish Times website. The winner may be required to participate in unpaid publicity arising from this promotion. The Promotor will only process your personal information as set out in and as set out in these terms and conditions. Prizes are non transferrable and cannot be exchanged for cash. These terms and conditions shall be governed by Irish law and the Courts of the Republic of Ireland shall have exclusive jurisdiction. Promoter and Data Controller: The Irish Times DAC, The Irish Times Building, P.O. Box 74, 24 - 28 Tara Street, Dublin 2. The Promoter reserves the right to hold void, suspend, cancel or amend the Promotion where it becomes necessary to do so.

Illegal peat harvesting is still taking place on a large scale, EPA report finds
Illegal peat harvesting is still taking place on a large scale, EPA report finds

Irish Times

time2 days ago

  • Irish Times

Illegal peat harvesting is still taking place on a large scale, EPA report finds

Illegal commercial extraction of peat on a large scale continues to be widespread in Ireland, with a flourishing export trade worth €40 million a year, an EPA investigation has found. A total of 38 large-scale operations are engaged in illegal peat extraction in a sector that 'does not operate within planning or environmental laws', the report, published on Wednesday, concludes. 'Local authority enforcement performance in this area is patently inadequate,' it finds. The EPA has investigated 38 sites across seven counties – Offaly, Kildare, Laois, Westmeath, Roscommon, Longford and Sligo – where large-scale commercial peat extraction is being carried out without any of the necessary authorisations from local authorities. READ MORE The worst county was Westmeath, with eight illegal sites, followed by Tipperary and Roscommon with six each. [ Ireland worst in world for wetlands depletion over past 3 centuries, global study finds Opens in new window ] These illegal operations are contributing to an export trade of 300,000 tonnes of peat annually, valued at almost €40 million, the report says. The EPA has carried out 170 enforcement inspections between 2021 and 2024, including legal actions at District Court and High Court level against operations on areas greater than 50 hectares. These actions have resulted in cessation of illegal extractions on several peatlands, while a number of actions remain live before the courts. The products being extracted are milled peat used as compost and large sod peat – used in horticulture – as well as 'wet peat extracts' used in mushroom production. Dr Tom Ryan, director of the EPA Office of Environmental Enforcement, said: 'Operators engaged in unauthorised peat harvesting activities are in flagrant violation of environmental law. They are destroying our precious natural environments, and this needs to stop.' 'The environmental damage caused by large-scale peat extraction operating outside regulatory control is catastrophic for the environment,' Dr Ryan said. 'It results in destruction of vital ecosystems for biodiversity, loss of important carbon sinks ... and decimation of an irreplaceable cultural and scientific amenity and resource.' Peat extraction is subject to several legal restrictions in Ireland, and many sites have not received the required permissions. Photograph: EPA Bord na Móna was an excellent example of appropriate engagement with environmental regulations working, he said, including compliance with EPA licensing requirements, minimising of negative environmental impacts of peat harvesting, and securing of the rehabilitation of harvested peatlands. Local authorities have primary responsibility for regulating all commercial peat extraction. The EPA said it will continue to use its powers to ensure local authorities fully implement and enforce environmental requirements. The report notes appropriate regulation of peat harvesting can provide important protections for the environment. Bord na Móna had lawfully operated nine different peatland complexes across 11 counties under EPA licence until 2020, when these operations ceased. In accordance with their licence conditions and with support of the Peatlands Climate Action Scheme, Bord na Móna is engaged in rehabilitation of those peatlands, with almost 19,000 hectares rehabilitated by the end of 2024, 'bringing them back to life, allowing nature to take its course and the peatlands to flourish again', the report states. [ Turf cutters warn of confrontational scenes after EU Commission move Opens in new window ] The EPA has gathered evidence of expensive machinery, complex drainage systems, extensive rows and stacks of cut peat and, in some cases, large warehouses on sites. Large-scale commercial peat extraction can only take place if it is granted planning permission. In some cases, an EPA licence is also required. For peat extraction from on an area greater than 50Ha, extraction needs an EPA integrated pollution control licence as well as planning permission and an environmental impact assessment (EIA). There is a ban on the commercial sale of peat for solid fuel heating and restriction of peat-cutting for other purposes, such as horticulture. Environmental groups have highlighted that very few, if any, plots have the required permits or would be eligible for them because they would fail at the EIA stage. Peat extraction was targeted for phase-out on environmental and public health grounds, as turf-burning causes air pollution and bog-stripping undermines the natural environment.

High Court defers judgment in legal row over Athlone asylum seeker centre pending draft legislation
High Court defers judgment in legal row over Athlone asylum seeker centre pending draft legislation

Irish Times

time2 days ago

  • Politics
  • Irish Times

High Court defers judgment in legal row over Athlone asylum seeker centre pending draft legislation

A High Court judge has said the Government is obliged to provide alternative accommodation for 'innocent' and 'vulnerable' asylum seekers at risk of homelessness while legislation aimed at fast-tracking refugee accommodation is drawn up. Ms Justice Emily Farrell said on Wednesday she would defer judgment in an application by the State to quash an order that struck down a statutory instrument used to develop emergency accommodation at Lissywollen in Athlone , Co Westmeath. She said she wants to wait for updates and to see draft legislation from the Oireachtas. The Government intends to remedy a legal issue over the bypassing of environmental assessments for accommodation that has been categorised as having 'emergency' status. READ MORE Ms Justice Farrell said there could be consequences and a 'real risk of homelessness for innocent third parties and families who may be vulnerable' staying at the centre if they could not be rehomed. The judge said that in the interim, there was an obligation on the Minister to attempt to provide alternative accommodation and to show the efforts made to do so. Ms Justice Farrell said nobody but those granted accommodation last February should be offered accommodation at the centre and no new works should be carried out at the facility, with only essential maintenance to be undertaken. Lawyers for the State have told the High Court there is a 'serious risk to the dignity and safety' of asylum seekers if the Government is not allowed to use special powers to fast-track refugee accommodation as the system cannot immediately rehouse the 137 residents in the facility. Earlier this week, Aoife Carroll SC, for the State, asked the court to put a stay on the December quashing of the use of a statutory instrument that had been used to speed up the establishment of the facility at Lissywollen. [ Minister concedes in High Court challenge to order facilitating asylum-seeker housing in Athlone Opens in new window ] Ms Carroll said that while environmental and EU law had been complied with, it had not been entered into record – which amounted to an innocent, procedural error. The action was taken by Independent Ireland councillor Paul Hogan, who successfully applied to the court in December for a judicial review , arguing that the expedited development was unlawful. The State has conceded the statutory instrument used was 'invalid' and is finalising repairing legislation. Cllr Hogan is taking the case against the office of the Minister for Children, Equality, Disability, Integration and Youth. A statutory instrument is secondary legislation, made by a Minister, modifying existing laws. Cllr Hogan successfully claimed the Minister failed to adequately 'screen' the project for potential environmental impacts and that the Minister lacked the expertise to carry out such assessments in an expedited manner. [ Kinvara residents seek to bring challenge against housing of asylum seekers at hotel Opens in new window ] Protests have been held in Athlone over the plan to further develop accommodation for a possible 1,000 asylum seekers, in up to 150 tents, on a site to the rear of an existing direct provision centre. Ms Carroll has said amending legislation was presently to come before the Government and was hoped to be passed in November. Ms Carroll is applying to put a stay on the December order striking down the use of the statutory instrument used by the office of the Minister in expediting the development of the centre. Ms Justice Farrell on Wednesday said she would adjourn the matter to July 21st to allow for sight of the draft legislation that Ms Carroll has said is 'imminent'. She said she was conscious of the risk to the residents' safety and dignity should the facility have to be closed. The judge said the number of people accommodated at the centre should be 'diminished substantially' by July 21st. In taking the successful judicial review, Cllr Hogan, who secured 4.8 per cent of first preference votes running for Independent Ireland in Longford-Westmeath, claimed the ministerial process was 'unlawful, irrational and a breach of fair procedures'.

High Court defers judgment in legal row over Athlone asylum-seeker centre to await draft legislation
High Court defers judgment in legal row over Athlone asylum-seeker centre to await draft legislation

BreakingNews.ie

time3 days ago

  • Politics
  • BreakingNews.ie

High Court defers judgment in legal row over Athlone asylum-seeker centre to await draft legislation

A High Court judge has said the Government is obliged to provide alternative accommodation for "innocent" and "vulnerable" asylum seekers at risk of homelessness while legislation aimed at fast-tracking refugee accommodation is drawn up. Ms Justice Emily Farrell said on Wednesday she would defer judgment in an application by the State to quash an order that struck down a statutory instrument used to develop emergency accommodation at Lissywollen in Athlone, Co Westmeath. Advertisement She said she wants to wait for updates and to see draft legislation from the Oireachtas. The government intends to remedy a legal issue over the bypassing of environmental assessments for accommodation that has been categorised as having "emergency" status. Ms Justice Farrell said there could be consequences and a "real risk of homelessness for innocent third parties and families who may be vulnerable" staying at the centre if they could not be re-homed. Ms Justice Farrell said that in the interim there was an obligation on the Minister to attempt to provide alternative accommodation and to show the efforts made to do so. The judge said that nobody but those granted accommodation last February should be offered accommodation at the centre, and that no new works should be carried out at the facility, with only essential maintenance to be undertaken. Advertisement Lawyers for the State have told the High Court that there is a "serious risk to the dignity and safety" of asylum seekers if the government is not allowed to use special powers to fast-track refugee accommodation, as the system cannot immediately re-house the 137 residents in the facility. Earlier this week, Aoife Carroll SC, for the State, asked the court to put a stay on the December quashing of the use of a statutory instrument that had been used to speed up the establishment of the facility at Lissywollen. Ms Carroll said that while environmental and EU law had been complied with, it had not been entered into record, which amounted to an innocent procedural error. The action was taken by Independent Ireland councillor Paul Hogan, who successfully applied to the court in December for a judicial review, arguing that the expedited development was unlawful. The State has conceded the statutory instrument used was "invalid" and is finalising repairing legislation. Cllr Hogan is taking the case against the office of the Minister for Children, Equality, Disability, Integration and Youth. Advertisement A Statutory Instrument is a secondary legislation, made by a Minister, modifying existing laws. Cllr Hogan successfully claimed the Minister failed to adequately "screen" the project for potential environmental impacts and that the Minister lacked the expertise to carry out such assessments in an expedited manner. Protests have been held in Athlone over the plan to further develop army-tent accommodation for a possible 1,000 asylum seekers, in up to 150 tents, on a site to the rear of an existing direct provision centre. Ms Carroll has said amending legislation was presently to come before the Government and was hoped to be passed in November. Advertisement Ms Carroll is applying to put a stay on the December order striking down the use of the statutory instrument used by the office of the Minister in expediting the development of the asylum centre. Ms Justice Farrell today said she would adjourn the matter to July 21st to allow for sight of the draft legislation that Ms Carroll has said was "imminent". Ms Justice Farrell said she was conscious of the risk to the residents' safety and dignity should the facility have to be closed. The judge said the number of people accommodated at the centre should be 'diminished substantially' by July 21st. In taking the successful judicial review, Cllr Hogan, who secured 4.8 per cent of first preference votes running for Independent Ireland in Longford-Westmeath, claimed the ministerial process was "unlawful, irrational and a breach of fair procedures".

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