The High Court has set aside a default judgment against a security company facing a claim of assault and false imprisonment over a spectator’s removal from the pitch after the 2018 All-Ireland hurling final at Croke Park. The court said the company had shown special circumstances and a defence with a real prospect of success, but did not decide the underlying dispute.
The judgment, delivered by Ms Justice Denise Brett on 11 July 2024, concerns an application by Sable Cross Limited, trading as Frontline Securities, to set aside a judgment that took effect in March 2023 after the company failed to enter an appearance. The case continues against the first defendant, Tom Ryan, and has been set down for trial in Limerick, where it awaits a hearing date.
Frank Reidy claims he was authorised to enter the pitch to collect jerseys and bibs and went to help a player’s family member who was having difficulty getting on to it. He alleges security personnel suddenly set upon him, twisted his arms behind his back and forced him from the pitch.
The company disputes that account. In an affidavit, its director Allan Gannon said an operations manager challenged Reidy’s claimed connection to the Limerick County Hurling Board and asked him to return to his seat. The company’s account is that Reidy became aggressive, injured the manager and was removed from the grounds with Garda assistance. The court noted that CCTV footage of the incident had been captured by the first defendant. The circumstances of Reidy’s removal remain for trial.
Justice Brett accepted that the company had believed it was meeting its insurance obligations by forwarding correspondence to insurers, who would arrange for solicitors to act. Confusion over which broker and insurer covered the 2018 incident contributed to the failure to enter an appearance. The judge found special circumstances in that combination of events, including that the omission was not made by legal advisers.
The judge also found a real prospect of a defence on the disputed account of the removal and on causation. Reidy had a pre-existing left shoulder injury; the company intends to argue that any continuing injury relates to that condition rather than the incident. The court made no finding on the merits, saying the dispute required oral evidence and cross-examination.
Finding no specific prejudice to Reidy that could not be addressed, and noting that he would still face a plenary hearing against the first defendant, the court set aside the default judgment. It ordered the company to pay Reidy the costs of the motion and the costs of the proceedings to date against it. The ruling does not resolve liability or damages.