Deirdre Foley loses challenge over Clerys document seizure

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Deirdre Foley and D2 Private Limited lost their High Court challenge to inspectors’ seizure of documents during a Clerys redundancies investigation, in a judgment delivered on 25 October 2016. The challenge concerned inspectors entering D2’s premises at 20 Harcourt Terrace, Dublin, and taking material.

Mr Justice Michael Twomey refused the relief sought, holding that the investigation was at an initial stage and that challenges to the entry or evidence should be addressed at any resulting criminal trial. The court also held that the relevant statutory wording allowed inspectors to enter a workplace even though it was not where the Clerys employees worked.

The judgment records that no prosecution had been instituted against the applicants at that stage. It said the proceedings concerned the legality of the investigation, not whether the applicants had committed any offence.