Dublin radio station FM 104 has lost a High Court application to stop late-night presenter Chris Barry broadcasting on rival 98 FM pending a trial of proceedings between the sides.
Yesterday's decision does not take effect until Tuesday next to allow FM 104 time to decide whether to appeal the matter to the Supreme Court. The judge directed that a temporary injunction previously granted to FM 104 against 98 FM should stay in place until Tuesday. Chris Barry, whose real name is Ciaran Gaffney, has been an FM 104 broadcaster for some years. FM 104 claims his present contract runs until January 31st, 1999 and that he has refused to honour it since December 4th when he walked out. FM 104 claims 98 FM seemed prepared to pay Mr Barry more than the £40,000 a year he had been getting. Some weeks ago, FM 104 was granted a temporary High Court order restraining 98 FM doing anything to induce Mr Barry's company, Pavilion Company, , from breaking a contract of June 11th, 1996, due to run until next January.
In an affidavit, Mr Barry said it was clear the relationship between him and FM 104 was non-existent. Yesterday, Mr Justice O'Sullivan said the parties were agreed a substantial question would have to be tried at the hearing of the actions.
The judge said if he granted the injunction to FM 104 and the defendant won at the trial, Mr Barry would have suffered a loss not only of salary but also of profile among Dublin listeners, something impossible to measure in compensation terms. He felt it would be easier at that stage to measure any loss that would be sustained by FM 104 through not having Mr Barry over the remaining 71/2 months to the end of January next. Mr Justice O'Sullivan said he thought there would be a greater measure of injustice to Mr Barry if the injunction sought was granted and he would accordingly refuse it. The judge ruled that arrangements should be made for lawyers acting for FM 104 to attend at the offices of solicitors acting for Mr Barry to transcribe the contents of a tape. Mr Barry claimed that tape featured a telephone conversation between himself and FM 104 chief executive Mr Dermot Hanrahan, held before a meeting on December 5th to discuss his position with the station.
The parties indicated yesterday they would seek an early date for the hearing. A related action by Mr Barry against FM 104 for alleged breach of contract will be consolidated with the other proceedings and all will be heard simultaneously.