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FBD policies cover partial closure of pubs during Covid restrictions, judge finds

Summary

In a High Court decision on 23 April 2021, Mr Justice Denis McDonald ruled that four Dublin publicans—Aberken (Sinnotts Bar), Hyper Trust Ltd (The Leopardstown Inn), Inn on Hibernian Way Ltd (Lemon & Duke) and Leinster Overview Concepts Ltd (Sean's Bar, Athlone)—were entitled to recover their legal costs, but only on a standard solicitor‑client basis, not the enhanced level. The judge also clarified that the term "closure" in FBD's Public House Policy covers partial closures, not only total shutdowns. He found that the policy's coverage applies when pubs are partially closed or restricted by government orders due to Covid‑19 outbreaks within a 25‑mile radius. The court will later determine the quantification of losses, and the case is set to return next month for further proceedings. The ruling affects about 1,000 Irish pubs and restaurants.

Who, what, where, when and why

What: Report matter: FBD policies cover partial closure of pubs during Covid restrictions, judge finds. Procedural stage: hearing_or_decision

When:

• 2021-04-23 Publication

Why: FBD argued that the fact the cases were test actions was not a reason for the court to award costs against it on the enhanced scale. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

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Read the original CNI report