O'Flaherty's (Nassau St) secures access injunction

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

O'Flaherty's (Nassau St) Limited secured a High Court injunction preserving access to its premises on 2 June 2020. The order was granted against Setanta Centre Unlimited Company and will remain in place pending the full hearing.

The company, which trades as Reads, said redevelopment works had obstructed its Nassau Street access with scaffolding and hoarding. The defendant denied any breach of rights and argued that the lease did not include an express right of access by the concourse. It said the premises could be accessed via Setanta Place and that it had offered to pay for improvements to that access.

Ms Justice Mary Rose Gearty found there was a fair question to be tried, while leaving the existence of any easement for the full trial. She held that damages would not be an adequate remedy and that the balance of convenience favoured the injunction. She said she would make final orders later that week.