Judge stops Clare funfair opening

A High Court judge has made a temporary order preventing a funfair in the Co Clare resort town of Kilkee from opening to the public.

Today Mr Justice John MacMenamin granted Mr Thomas Foley, Market Square, Kilkee, Co Clare an interim injunction that preventing Pleasure Planet Funfair opening to the public on lands at Carrigaholt Road in Kilkee on Friday night.

The High Court heard that the ownership of the lands where the funfair is located are at the subject of separate dispute between Mr Foley, and his brother Ger Foley of Donoughboy Kilkee, Co Clare.

Mr John Gleeson SC for Thomas Foley, a horse breeder, told the court that his client is the registered owner of two fields totalling 26 acres of land, which is at the centre of the dispute with his brother.

Counsel claimed that Ger Foley has rented out the land to the operators of the funfair without his permission.

He had no idea that a funfair would be take place there until he saw a group of people setting up equipment.

Counsel told the court that he was seeking the injunction because he had serious concerns over what insurance arrangements had been arrived at.

If an accident were to happen Thomas Foley had "no idea what liability he would be exposed to".

Counsel said that the land had been rented out previously to the funfair operators, and had been used as a campsite for up to 1,000 people during the 2007 Cois Fharraige music and surfing festival.

The court also heard that the two brothers "do not speak". Counsel said that his client had spoken to both the operators of the funfair and had corresponded with solicitors acting for his brother.

Despite being offered an indemnity and being given certain assurances, Thomas Foley still had serious concerns about the risk of being sued if anything unfortunate were to happen at the funfair, which the court heard had planned to stay in Kilkee till August 5 next.

Yesterday, Counsel on behalf of Ger Foley said that their client was prepared to offer any indemnity that the court required.

The court was told that Ger Foley had assets including 40 acres of land which counsel said had a value of about €1m.

A solicitor on behalf of the company that operate funfair said the company had at all times acted in good faith.

The court was told that it was fully insured, and its owners have been operating funfairs for the last 40 years.

The court was also told that the funfair would lose some €18,000 if it was not allowed open.

However Mr Justice MacMenamin said that with regret he was making an order granted the temporary injunction.

The Judge said that there were insurance matters that needed to be clarified, and made the matter returnable to early next week.