A High Court judge has implored organisations involved in a dispute over the right to run the annual Dublin city Liffey Swim to resolve their differences, warning that the event is at risk of not going ahead this year.
At the conclusion of a hearing into Leinster Open Sea CLG’s application for temporary injunctive relief against Swim Ireland, Mr Justice Rory Mulcahy said it was “disappointing” the dispute had not been resolved.
The judge, who earlier on Friday had encouraged the parties to mediate, said the fact the dispute has put at risk the event’s 2025 edition should have motivated the parties to come to a resolution.
The Liffey Swim, described by the judge as “an Irish institution”, has been held annually since 1920.
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Leinster Open Sea CLG, a volunteer sponsorship-funded body which organises about 30 sea races every year in partnership with local clubs, wants the court to restrain the Irish Amateur Swimming Association CLG, trading as the State-funded national governing body for swimming Swim Ireland, from holding both the Liffey Swim and the Dún Laoghaire Harbour Swim.
The court heard previously that last year, as a result of the dispute, two separate Liffey swims were held and Dublin City Council – which grants permission for the event to go ahead – does not want the same thing happening this year.
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Mr Justice Mulcahy reserved his judgment in the application for interim relief, stating that regardless of the court’s decision, the immediate future of the Liffey Swim looked in doubt. He said he found this “personally” very disappointing.
It is Leinster Open Sea’s case that it has always owned and operated the Liffey Swim and the Dún Laoghaire Harbour Swim, albeit under the guise of different entities – previously as unincorporated associations, and now as a company limited by guarantee.
Michael O’Doherty BL, for Leinster Open Sea, said Swim Ireland has asserted that it owns the rights to run the swims, but is silent on the basis of that ownership.
Swim Ireland knows the local authorities will side with it in granting permission to hold the swim events, by virtue of its status as the national governing body for swimming, Mr O’Doherty said.
Mr O’Doherty said Swim Ireland is in a “position of power”, and is happy for the dispute to remain unresolved and to maintain the status quo.
Mr O’Doherty said that for this reason, his clients are forced to bring an application to restrain Swim Ireland from holding the events.
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Mr O’Doherty added that if the court found in favour of Swim Ireland, Leinster Open Sea would likely go out of business. His clients, Mr O’Doherty said, rely on income generated by the two swim events.
He added that Swim Ireland did not stand to lose anything if it does not run the races, and pointed out that it ran its Liffey Swim at a loss last year.
Peter Bland SC, for Swim Ireland, said Leinster Open Sea’s application “falls at the first hurdle”, stating it has brought proceedings as Leinster Open Sea, the unincorporated association, and not Leinster Open Sea CLG, a company limited by guarantee.
An unincorporated association is a nonentity in a legal sense, and cannot sue or be sued.
Mr O’Doherty asked the court to amend the title of the proceedings to specify that “Leinster Open Sea CLG” are taking the proceedings, describing the omission as a bona fide mistake.
Mr Bland also submitted that Leinster Open Sea delayed in bringing the proceedings, and breached the confidentiality of previous mediation discussions.
Counsel submitted that there was no basis in which the application could be granted.
Mr Justice Mulcahy said he would deliver his judgment in the application for interlocutory reliefs next week. He implored the parties to seek a resolution to the dispute.
