Denis O’Brien seeks injunction against RTÉ

O’Brien says report about private banking affairs is planned

Denis O’Brien is seeking a High Court injunction against RTÉ. Photograph: Dara Mac Donaill
Denis O’Brien is seeking a High Court injunction against RTÉ. Photograph: Dara Mac Donaill

Businessman Denis O'Brien is seeking a High Court injunction against RTÉ preventing what he says is a planned broadcast report about certain details in relation to his private banking affairs.

Michael Cush SC, for Mr O'Brien, was given permission by Mr Justice Paul Gilligan today to serve short notice on RTÉ of his intention to seek the injunction.

The application was made ex-parte (one side represented only) and the matter comes back before the judge tomorrow Friday.

Mr Cush handed in two sealed envelopes to the judge, the first of which contained a letter from RTÉ to Mr O’Brien outlining the fact work is being carried out by the news department on a report to be broadcast.

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Counsel said the letter says the report will state certain matters and asks certain questions.

At no point is it suggested there is any wrongdoing on anybody’s part which would be relevant to the public interest, counsel said.

The second letter, written by Mr O'Brien, refers to details of particular sums of money representing his indebtedness to Irish Bank Resolution Corporation (IBRC), counsel said. That was all clearly referable to his personal banking facilities and is "undoubtedly confidential", counsel said.

This is private information, RTÉ must have known that and known that there is no countervailing interest for it to be disclosed, he said.

The urgency of the matter was that the broadcast was due to go out on Friday, Mr Cush said. He was seeking permission to serve short notice of Mr O’Brien’s intention to seek an injunction.

Mr Justice Gilligan said he was satisfied to grant “short service” and ordered the papers should be served immediately on the defendant.