A TOTAL of 24 publicans are in dispute with the Irish Music Rights Organisation Ltd (IMRO) over royalties, the High Court was told yesterday.
The publicans, members of the Licensed Vintners' Association, were given leave to challenge a decision of a Circuit Court judge, Judge Harvey Kenny, to strike out an appeal taken on their behalf.
Mr John Gordon SC, for the publicans, said that in the District Court the IMRO sought payment of greatly increased tariffs. The IMRO won in the District Court and a member of the LVA, on behalf of all, appealed it.
In the meantime, that member had started a High Court action under the Competition Acts which was currently going through. Pending the determination of that action, the parties in the appeal in the Circuit Court agreed it be adjourned with liberty to reapply.
When the appeal came before the Circuit Court on February 18th last, the judge struck out the appeal and affirmed the order of the District Court that the increased tariffs should be paid.
Mr Gordon said that they were seeking judicial review to quash the order of the Circuit Court judge. He claimed Judge Kenny made the order without having made a determination on the merits of the appeal.