Colbeam Ltd v Dun Laoghaire Rathdown County Council (Approved) [2025] IEHC 453 (17 July 2025)

Colbeam Ltd v Dun Laoghaire Rathdown County Council (Approved) [2025] IEHC 453 (17 July 2025)

Section 27 of the Civil Law (Miscellaneous Provisions) Act 2008 is a statutory exception to the constitutional requirement of open justice; once the statutory criteria are satisfied and the court is satisfied on evidence, there is no entitlement for media applicants to access pleadings or evidence or to rehear the application. The reporting restriction order stands, and the trial will be held in public.

Citation
[2025] IEHC 453
Parties
Applicant: Mediahuis; Plaintiff: A and B; Defendant: E, C and D
Jurisdiction
Ireland
Judgment Date
17 July 2025
Procedural Posture
Application in Civil Proceedings / High Court Judgment on Reporting Restrictions
Outcome
Application refused
Legal Topics
Reporting Restrictions, Anonymity Orders, Open Justice, Media Access, Section 27 Civil Law (miscellaneous Provisions) Act 2008
Civil Procedure Constitutional Law Reporting Restrictions Anonymity Orders Open Justice Media Access Section 27 Civil Law (miscellaneous Provisions) Act 2008

Case Brief

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Parties

Mediahuis

Applicant

A and B

Plaintiff

E, C and D

Defendant

Procedural Posture

Application in Civil Proceedings / High Court Judgment on Reporting Restrictions

Legal Issues

  1. 1 Whether media applicant is entitled to access pleadings and evidence supporting anonymity and reporting restriction orders under s.27 Civil Law (Miscellaneous Provisions) Act 2008
  2. 2 Whether the reporting restriction orders should be varied or discharged
  3. 3 Whether the statutory regime under s.27 overrides common law and constitutional principles of open justice

Ratio Decidendi

Section 27 of the Civil Law (Miscellaneous Provisions) Act 2008 is a statutory exception to the constitutional requirement of open justice; once the statutory criteria are satisfied and the court is satisfied on evidence, there is no entitlement for media applicants to access pleadings or evidence or to rehear the application. The reporting restriction order stands, and the trial will be held in public.

Court Disposition

Application refused

Orders

  • No directions for disclosure of pleadings or evidence to applicant
  • Reporting restriction and anonymity orders remain in force