The Court of Appeal has upheld an order requiring discrimination complaints arising from the refusal of accommodation at Charleville Park Hotel in County Cork to receive a fresh Circuit Court hearing before a different judge.
The cases involve Bridget O'Reilly, Philip O'Neill and two minor family members, Dinny and Jimmy O'Neill. The judgment records that the family were members of the Traveller Community, were homeless in 2018 and were receiving Homeless Assistance Payment when they attended the hotel seeking emergency accommodation.
The hotel, operated by Atlantic Troy Limited, refused accommodation because its policy required a guest checking in to produce a credit card in that guest's name. O'Reilly had a debit card, while a solicitor's credit card offered on the family's behalf was not accepted.
The family subsequently brought complaints under equality legislation. A Workplace Relations Commission adjudication officer awarded compensation and directed the hotel to revise its credit-card policy. Atlantic Troy appealed to the Circuit Court, which on October 18, 2022 allowed the appeal and set aside the WRC decision.
The family then pursued judicial review. In October 2024, the High Court quashed the Circuit Court order after examining the hearing transcript and finding that excessive interventions by the judge had rendered the hearing unfair. It directed that the case be reheard by a different Circuit Court judge.
Atlantic Troy did not challenge that finding of unfairness in the Court of Appeal. Instead, it argued that the family should have been confined to the statutory appeal procedure available under the Equal Status Act 2000 rather than judicial review.
Mr Justice Charles Meenan rejected that argument. He held that the statutory appeal was limited to a point of law, while the complaint about the conduct of the Circuit Court hearing required factual examination of the transcript and raised concerns that could not safely be dealt with within that narrower appeal route.
The appeal was dismissed. The discrimination complaints themselves remain unresolved and must return to the Circuit Court for a fresh hearing before another judge.