Courts / Dublin / Report

Pubs can claim back early closing losses, FBD case judge finds

Date
2022-01-28

Stage
Hearing Or Decision

Primary locality
Dublin

County
Dublin

Summary

In a High Court decision, Mr Justice Denis McDonald ruled that Dublin pubs closed under the August 2020 early‑closing requirement due to Covid‑19 are entitled to indemnity under their FBD insurance policies. The judge clarified that the term "closure" covers partial shutdowns of premises, not only total closures, and that the policy applies to government‑imposed closures triggered by outbreaks within a 25‑mile radius. The ruling applies to four plaintiffs – Sinnott's Bar, The Leopardstown Inn, Lemon & Duke and Sean's Bar – and confirms that losses incurred during the relevant periods (June‑September 2020 and December 2020) may be calculated by a methodology reflecting each pub's circumstances. Staff wage claims were partially successful for three pubs, while the Leopardstown Inn's claim was dismissed. FBD is barred from pursuing under‑insurance arguments, and the case will return to court next month for further proceedings.