The High Court has been told of a dispute between two radio stations over the services of a presenter, Chris Barry, whose real name is Mr Ciaran Gaffney. FM104 is seeking injunctions to stop him broadcasting on 98FM pending a full hearing of an action between the sides on a date to be fixed.
Mr Ercus Stewart SC, for FM104, said the High Court had already granted relief by way of temporary injunction restraining Mr Gaffney from acting in breach of his contract with his clients. Mr Gaffney worked as an independent contractor through his own company, Pavilion Company Ltd. He was not paid as an employee.
In an affidavit, Mr Dermot Hanrahan, chief executive of Capital Radio Productions Ltd, trading as FM104, said his company had entered a contract with Pavilion Company Ltd under which it was to render the services of Mr Gaffney to it for a period, ending January 31st, 1999. Wrongfully, Mr Gaffney and his company purported to terminate and resign from the contract, Mr Hanrahan said.
He said a radio station was linked to its ratings of listenership, and FM104 was No 1 in the market-place. Until December last Mr Gaffney was the station's No 1 presenter, and if he was permitted to breach his contract, entered into on June 11th, 1996, there was a serious risk the No 1 place in the market-place would be lost.
Mr Gaffney, in an affidavit, said he believed FM104 was attempting to deprive him of his constitutional entitlement to earn a livelihood. It was clear the relationship between him and FM104 was non-existent, and there was no prospect of him working as a radio presenter or chat show host for the station, he said.
FM104 was attempting by means of the proceedings to restrain him, in terms of limitation of time and geography, from exercising his entitlement to earn a livelihood which would cause significant hardship to him as he was receiving no payments from the station, Mr Gaffney added.
The hearing, before Mr Justice O'Sullivan, continues today.