McDonagh & Ors v Thom (t/a The Royal Hotel Cookstown) [2007] NICA 3 (17 January 2007)

McDonagh & Ors v Thom (t/a The Royal Hotel Cookstown) [2007] NICA 3 (17 January 2007)

The cancellations of the appellants' functions were not made on racial grounds but due to fear of further violence; the respondent's actions did not constitute unlawful discrimination under Article 21 of the Race Relations (Northern Ireland) Order 1997.

Citation
[2007] NICA 3
Parties
Plaintiff/appellant: Brigid McDonagh; Plaintiff/appellant: Thomas McDonagh; Plaintiff/appellant: Margaret McDonagh; Plaintiff/appellant: Eileen McDonagh; Plaintiff/appellant: Michael McDonagh; Plaintiff/appellant: Ellen McDonagh; Plaintiff/appellant: Martin McDonagh; Defendant/respondent: Samuel John Hamilton Thom (t/a The Royal Hotel Cookstown)
Jurisdiction
Northern Ireland
Judgment Date
17 January 2007
Procedural Posture
Appeal by Way of Case Stated / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Burden of Proof, Provision of Goods and Services, Vicarious Liability, Comparators in Discrimination Cases
Equality Law Discrimination Law Civil Procedure Race Discrimination Burden of Proof Provision of Goods and Services Vicarious Liability Comparators in Discrimination Cases

Case Brief

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Parties

Brigid McDonagh

Plaintiff/appellant

Thomas McDonagh

Plaintiff/appellant

Margaret McDonagh

Plaintiff/appellant

Eileen McDonagh

Plaintiff/appellant

Michael McDonagh

Plaintiff/appellant

Ellen McDonagh

Plaintiff/appellant

Martin McDonagh

Plaintiff/appellant

Samuel John Hamilton Thom (t/a The Royal Hotel Cookstown)

Defendant/respondent

Procedural Posture

Appeal by Way of Case Stated / Court of Appeal Judgment

Legal Issues

  1. 1 Whether cancellation of functions by the hotel constituted unlawful race discrimination under Article 21 of the Race Relations (Northern Ireland) Order 1997
  2. 2 Whether the respondent's actions were based on racial grounds or fear of violence
  3. 3 Correct approach to burden of proof in discrimination cases

Ratio Decidendi

The cancellations of the appellants' functions were not made on racial grounds but due to fear of further violence; the respondent's actions did not constitute unlawful discrimination under Article 21 of the Race Relations (Northern Ireland) Order 1997.

Court Disposition

Appeal dismissed

Orders

  • Second and third questions in case stated answered 'Yes'
  • No unlawful discrimination found