The development came yesterday in a hearing brought on the families’ behalf by the Dublin solicitor firm of Simon McGarr.
Padraig McCartan, instructed by Mr McGarr, said the case was now moot and was being withdrawn. He asked there be no order as to costs as they were refugees who had lost everything.
Maurice Collins, for the EU defendants, said he wanted the court to require Mr McGarr to swear an affidavit as to when he learned his clients were in Germany.
Nuala Butler, for the Irish defendants, said his client was seeking costs and there was provision in law for that order to be made against the solicitor firm rather than just the solicitors’ clients.
Mr Justice Tony O’Connor said he was conscious of the financial and reputational implications for Mr McGarr for the kind of order sought and he was adjourning the matter for Mr McGarr to get independent legal advice.
He directed Mr McGarr identify the dates on which it was disclosed to him that his clients had arrived in Germany and the dates on which he communicated with his clients in relation to that.