The High Court has continued an injunction restricting protest-related conduct on a private property in Ballinamore, County Leitrim, pending trial of Remcoll 2 Limited’s claims. Mr Justice Max Barrett made the order on 23 December 2019, after hearing the company’s application on 18 December. The order is subject to Remcoll continuing its undertaking as to damages.
Remcoll owns the Rock Centre, a property of just under 10 acres. It said works there were intended to allow a related company to fulfil a Department of Justice and Equality contract to provide sheltered accommodation for 25 families seeking asylum. A 24-hour protest began after the intended use became public. An attempted arson had preceded it, but the judge expressly noted that Remcoll had not alleged the named defendants were responsible for that attempt.
The company sought to continue an interim injunction first granted without notice on 15 November. The defendants disputed allegations about their roles and aspects of the protest. The judge said the court could not resolve the substantive dispute at this interlocutory stage, before evidence was tested at trial.
However, the judgment identified numerous allegations that the defendants had not challenged in their affidavits. These included a seven-foot fence that narrowed access for security staff, concrete blocks and water tanks obstructing entrances, glued locks and an attempted nailing shut of a door. Affidavit evidence for Remcoll also described workers being prevented from carrying out their jobs, barriers inside the premises and protestors flying drones around the property. The judge separately considered evidence from workers, an architect and a contractor about intimidation, safety concerns and interrupted work; he said the defendants had not countered that evidence with affidavits from those affected.
The protest stopped after the interim order was made. The defendants said it would have ended anyway, but none committed to preventing it from restarting. The judge also considered allegations of breaches of the interim order, including that court orders posted at the property were removed during a power outage on 9 December. Those allegations were part of the material before the court; the judgment did not determine who removed them.
The court found a fair issue to be tried, including claims of trespass, harassment, intimidation and interference with economic rights. It concluded that the balance of justice favoured continuing protection for Remcoll’s land pending trial. The injunction was interlocutory: it did not decide whether the defendants were liable for the underlying allegations.