The High Court has set aside a judgment entered against a security company after it failed to respond to proceedings over a disputed incident at the 2018 All-Ireland Hurling Final in Croke Park.
In a judgment delivered on 11 July 2024, Ms Justice Denise Brett ruled that Sable Cross Limited, trading as Frontline Securities, had established special circumstances for its failure to enter an appearance, had a defence with a real prospect of success, and should be allowed to defend the claim. The court did not decide whether the alleged assault or false imprisonment occurred.
The action was brought by Frank Reidy, who claims he was assaulted and forcibly removed from the pitch after entering it at the end of the final. He says he had been asked to collect jerseys and bibs and went to help a player’s family members who were having difficulty reaching the pitch. The company disputes that account. Its director’s affidavit says Reidy claimed to be a member of the Limerick County Hurling Board, was later asked to leave, and became abusive and aggressive. The company’s account says the Gardaí and company personnel removed him from the grounds. The judgment describes the accounts as sharply conflicting and says the circumstances of Reidy’s ejection remain in dispute.
The default judgment took effect in March 2023 after the company did not enter an appearance. The judge accepted that the company believed it had notified its insurers and that they would arrange for solicitors to act. Confusion over which broker and insurer covered the 2018 claim, together with the company’s change of address and the impact of the COVID-19 pandemic, contributed to a series of errors. The judge found that the omission was not by legal advisers and that these circumstances were sufficient to meet the special-circumstances requirement.
The ruling on the defence was also preliminary. The judge said the company’s version, if established at a full hearing, could defeat the claim. She also accepted that the company could argue that any continuing shoulder injury was related to a pre-existing injury, potentially reducing or eliminating damages. She made no finding on the merits, noting that the evidence would need to be tested orally and through cross-examination.
The case remains a plenary action. The claim against the first defendant, Tom Ryan, had already been set down for trial in Limerick and was awaiting a hearing date. The court ordered Sable Cross to pay Reidy’s costs of the motion and the proceedings to date against the company, in accordance with its offer. The judgment notes that CCTV footage of the incident was captured by the first defendant; whether it will be sought in discovery was not decided.