A HIGH Court judge has granted an interim injunction preventing a funfair in the Co Clare resort town of Kilkee from opening to the public this weekend.
Mr Justice John MacMenamin granted the interim order, returnable to Tuesday, to Thomas Foley, Market Square, Kilkee, Co Clare, restraining the opening of Pleasure Planet Funfair on lands at Carrigaholt Road, Kilkee. The funfair had been due to open last night and to run until August 5th.
The judge was told that ownership of the lands where the funfair is located is the subject of a separate dispute between Mr Foley and his brother Ger Foley, of Donoughboy, Kilkee. The two brothers do not speak, the court heard.
John Gleeson SC, for Thomas Foley, a horse breeder, said his client is the registered owner of two fields totalling 26 acres, which lands were at the centre of the dispute with his brother.
Thomas Foley was contending that Ger Foley had rented out the land to the operators of the funfair without his permission.
His client had no idea that a funfair would take place there until he saw a group of people setting up equipment, counsel said.
Mr Gleeson said he was seeking the injunction because his client had serious concerns over insurance arrangements for the funfair. If an accident were to happen, Thomas Foley had “no idea what liability he would be exposed to”, he said. Counsel said the land had been rented out previously to the funfair operators and had also been used as a campsite for up to 1,000 people during the 2007 Cois Fharraige music and surfing festival.
Thomas Foley had spoken to the operators of the funfair and had corresponded with solicitors acting for his brother and, despite being offered an indemnity and being given certain assurances, he still had serious concerns about the risk of being sued.
Counsel for Ger Foley said he was prepared to offer any indemnity the court required. His assets included 40 acres of land valued at some €1 million.
A solicitor for the company operating the funfair said it had at all times acted in good faith. The funfair was fully insured and its owners were operating funfairs for the last 40 years, the court heard. It would lose some €18,000 if it was not allowed to open.
Mr Justice MacMenamin said he would, with regret, make an order granting the temporary injunction. The judge said insurance matters needed to be clarified and he returned the case to early next week.