herald

Friday 9 December 2016

O'Brien granted injunction against RTE broadcast

courts

BUSINESSMAN Denis O'Brien has been granted a High Court injunction preventing RTE broadcasting a report relating to his private and confidential banking affairs with Irish Bank Resolution Corporation (IBRC).

Mr Justice Donald Binchy ruled the details of his judgment cannot be published until certain parts of it have been blacked out after the case comes back before him in June.

The judge read his conclusions in court but following submissions, from counsel for both sides, he ruled the judgment should not be released pending agreement between lawyers for both sides about the redactions.

He also granted an order to IBRC restraining RTE from broadcasting any communications or matters of privileged legal advice relating to its customer relationship with Mr O'Brien.

David Holland SC, for RTE, expressed concern about the scope of the injunction order as media organisatIons could be prevented from running stories based on similar information from a different source.

Order

He asked that the order be limited to stopping publication of information in the possession of RTE.

Mr Justice Binchy said he was not disposed to qualifying the order he made or to be lured into expanding on what might be published.

The three-day injunction hearing was told Mr O'Brien wanted to restrain publication of the broadcast report because it breached his privacy rights and would cause him incalculable commercial damage.

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