Courts / Dublin / Report

High Court decision to strike out charges over Clerys closure is upheld

Date
2019-07-11
Stage
Finding
Primary locality
Dublin
County
Dublin

Summary

In July 2019 the High Court upheld a District Court decision to strike out charges against Deidre Foley, Mark Redmond and OCS Operations Ltd. The charges, brought under the 1977‑2014 Protection of Employment Act, related to the June 2015 closure of Clerys department store, which caused 460 redundancies. Judge John Brennan had dismissed the charges in March 2018 because the prosecution failed to comply with an order for disclosure of computer records and statements from the Minister for Employment Affairs and Social Protection. Brennan also warned that further adjournments would infringe the defendants' right to a fair and expeditious trial. The Minister's subsequent High Court challenge, seeking to quash Brennan's ruling, was rejected. Justice Charles Meenan ruled that Brennan's decision was within jurisdiction, based on a full hearing, and correctly applied legal principles, noting that the Minister had not established any grounds to overturn the strike‑out order. Mark Redmond had the case struck out.

Who, what, where, when and why

What: Report matter: High Court decision to strike out charges over Clerys closure is upheld. Procedural stage: finding. Findings: Struck out

When:

Case subjects

Employment Affairs

Applicant

Mark Redmond

Co Accused

Finding: Struck out

Outcome: Struck out

Social Protection

Applicant

Places mentioned

Court Venue
  • The High Court
  • High Court
Secondary Mention
Residence

Topics

Stage Finding

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