RTÉ Investigates injunction case withdrawn
A High Court challenge against RTÉ's plans to air a report into the rented accommodation sector in Ireland has been withdrawn, writes .
The action was brought by the Green Effect Technology Limited T/a Global Academics, and its directors Mr Jason Orr and Mr Joshua Cantwell against the national broadcaster and journalist Barry O'Kelly regarding tonight's planned broadcast on the RTÉ Investigates programme.
The company had sought an injunction preventing restraining both RTÉ and Mr O'Kelly from broadcasting or publishing anything about the applicants, their business, their economic relations and any references to their property until all investigations into him have been concluded by all the relevant authorities.
The application, which RTÉ and Mr O'Kelly opposed, was due to be heard before Mr Justice Paul Gilligan at the High Court today.
However, shortly before the judge was set to view the programme Pat O'Connell SC for the plaintiffs said after considering a sworn statement from Mr O'Kelly in reply to their action his clients were withdrawing their action.
Paul O'Higgins SC , for both RTÉ and Mr O'Kelly said his client's were entitled to their legal costs on the highest scale possible on grounds including that RTÉ had gone to great lengths to respond to the injunction application made on the eve of the broadcast.
Mr Justice Gilligan, in agreeing to strike out the proceedings agreed that the public purse should not be put to any expense awarded RTÉ its costs on the solicitor-client basis.
The Judge noted the applicants had delayed until the day before RTÉ's broadcast before bringing their application.
He also noted the defendants failed to avail of an offer to discuss the proposed broadcast with RTÉ in early October.
Lawyers for the applicant's had also informed RTÉ in mid-October they intended bring injunction proceedings, but did not do so at that particular time.
Yesterday evening the Judge granted the applicants permission, on an ex parte basis, to serve short notice of the proceedings on RTÉ and Mr O'Kelly.
The company previously told the High Court it provides services to foreign students visiting Ireland such as information and orientation and language services.
The company claimed RTÉ had alleged there have been multiple breaches of the Fire Safety Regulations and Building Regulations at 79 Old Kilmainham Road.
The company said it was engaging with the relevant authorities and that RTÉ's intention to broadcast anything about Global Academics will usurp the relevant statutory process.
This the company and the directors claimed would completely undermine their rights, including their right to privacy and to earn a living.
They had also asked the court for an order restraining the broadcast until the completion of investigations by the relevant authorities.
RTÉ denied the claims and argued that there were no grounds for the court to grant an injunction against it.
