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Judge quotes Neil Diamond as Reads gets injunction over shop access

Summary

In a High Court case, Ms Justice Mary Rose Gearty granted an injunction to protect the main access route to O'Flaherty's Limited, trading as Reads, from Dublin's Nassau Street. The injunction, pending a full hearing, prevents Setanta Centre Unlimited Company from obstructing access with scaffolding and hoarding as part of a €150m redevelopment. O'Flaherty's, with four years left on its lease, argued that the obstruction breached its property rights and would damage its business, especially given its proximity to Trinity College. The defendant, owned by Larry Goodman's family, denied the breach, claimed it could use an alternative route via Setanta Place, and offered to fund improvements there. Justice Gearty noted the need for certainty for leaseholders and the importance of protecting access rights over commercial interests, and she found the injunction warranted. The case will return for final orders later this week.

Who, what, where, when and why

What: Report matter: Judge quotes Neil Diamond as Reads gets injunction over shop access. Procedural stage: hearing_or_decision

When:

• 2020-06-02 Publication

Why: The judge said to refuse to grant an injunction because a defendant can compensation a plaintiff for what may turn out to be a breach of a right sends a dangerous message to litigants who are well resourced. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report