McDonagh & Others v Thom (T-A The Royal Hotel Cookstown)
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 2007 |
| Neutral Citation | [2007] NICA 3 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 17 January 2007 |
1
Neutral Citation no. [2007] NICA 3
Ref:
KERF5720
Judgment: approved by the Court for handing down
Delivered:
17/1/07
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
APPEAL BY WAY OF CASE STATED FROM A DECISION OF
A DISTRICT JUDGE
__________
BRIGID MCDONAGH
THOMAS MCDONAGH
MARGARET MCDONAGH
EILEEN MCDONAGH
MICHAEL MCDONAGH
ELLEN MCDONAGH
MARTIN MCDONAGH
Plaintiffs/Appellants;
-and-
SAMUEL JOHN HAMILTON THOM
TRADING AS THE ROYAL HOTEL COOKSTOWN
Defendant/Respondent.
_________
Before Kerr LCJ, Campbell LJ and Sheil LJ
_________
KERR LCJ
Introduction
[1] This is an appeal by way of case stated from a decision of a district judge
sitting in the County Court division of Fermanagh and Tyrone on 1 August
2005. The opinion of this court is sought as to whether the district judge was
correct in holding that: -
2
1. The occurrence of acts of extreme violence by members of the Irish
travelling community at functions organised by those or other members of
that community on or about the defendant’s licensed premises entitled the
defendant to refuse to host any further such functions for any and all
members of the Irish travelling community, including the plaintiffs;
2. The cancellation by the defendant of the plaintiffs’ functions was not
discriminatory contrary to Article 21 of the Race Relations (Northern
Ireland) Order 1997; and
3. The cancellation by the defendant of all functions organised by members
of the Irish travelling community was not discriminatory contrary to
Article 21 of the Race Relations (Northern Ireland) Order 1997.
Factual Background
[2] The respondent, Mr Samuel Thom, is the proprietor of the Royal Hotel in
Coagh Street, Cookstown, County Tyrone. All of the appellants are members
of the Irish travelling community.
[3] On 29 January 2004 Brigid McDonagh, the first named appellant, made a
reservation at the respondent’s hotel for two events, namely a birthday party
for her mother to take place on 6 April 2004 and a post wedding function for
her brother’s wedding to take place on the 1 September 2004. A deposit of
£150 was paid at that time to reserve the dates for these functions.
[4] On 15 October 2003, Michael and Ellen McDonagh, the fifth and sixth
appellants, booked the function room at the respondent’s premises for an
event to mark the anniversary of the death of their infant daughter. This was
to take place on 18 February 2004. They paid a deposit of £100 for this
function. On 7 January 2004 Thomas McDonagh, Margaret McDonagh,
Eileen McDonagh, Michael McDonagh, Ellen McDonagh and Martin
McDonagh went together to the hotel and booked the function room for 4
March 2004 to celebrate the engagement of Eileen McDonagh to Martin
McDonagh. A deposit of £100 for this booking was paid by Thomas
McDonagh and Martin McDonagh.
[5] On 29 January 2004, at an event at the hotel attended by members of the
travelling community there was an outbreak of considerable and frightening
violence. In the case stated the district judge described this and the reaction
of the hotel staff in the following passages: -
“(v) On the evening of 29th January 2004 (into
early hours of 30th) at a traveller function in the
defendant’s premises, there had been an outbreak
of severe and sustained violence which had
To continue reading
Request your trial
142 cases
-
Sloan vs Ministry of Defence,Brian Millar,Ian Brain,Chris Ireland,Lynn Smith,Colonel Frankland,David Laight,Colonel Piggott
...a tribunal would normally expect cogent evidence to be adduced to discharge the burden of proof. In McDonagh v Royal Hotel Dungannon [2007] NICA 3 the Court of Appeal in Northern Ireland commended adherence to the Igen guidance. 23 In the post-Igen decision in Madarassy v Nomura Internation......
-
Kenny vs Admiral Care Services Limited
...a tribunal would normally expect cogent evidence to be adduced to discharge the burden of proof. In McDonagh v Royal Hotel Dungannon [2007] NICA 3 the Court of Appeal in Northern Ireland commended adherence to the Igen guidance. 23 In the post-Igen decision in Madarassy v Nomura Internation......
-
Deman vs Association of University,Duncan Mercer,Richard Jay,Max Goldstrom,Paul Hudson
...considered the Northern Ireland Court of Appeal decision in McDonagh & Others -v- Hamilton Thom Trading as the Royal Hotel Dungannon (2007) NICA 3 together with the cases of Madarassy –v- Nomur International PLC (2007) IRLR 246 (“Madarassy”), Laing –v- Manchester City Council (2006) IRLR 74......
-
Dunne vs Michael McCurley,Stranmillis College
...of proof, in a case of unlawful discrimination. In the case of Bridget McDonagh & Others v Samuel Thom T/A The Royal Hotel Dungannon [2007] NICA 3, the Court of Appeal, in referring to the said two-stage process stated:- “The first stage required the complainant to prove facts from which th......
Request a trial to view additional results