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Ryanair v. Johnston

Ryanair v. Johnston

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Published by TJ McIntyre
This is the judgment of the Irish High Court in a case brought by Ryanair seeking the identities of pilots posting to a website under pseudonyms.
This is the judgment of the Irish High Court in a case brought by Ryanair seeking the identities of pilots posting to a website under pseudonyms.

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Published by: TJ McIntyre on Mar 02, 2012
Copyright:Attribution Non-commercial

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08/04/2013

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THE HIGH COURTDUBLINRecord: 2005/514PRYANAIR LIMITED-and-NEIL JOHNSTON, IRISH AIRLINE PILOTSASSOCIATION (IALPA) AND BRITISH AIRLINEPILOTS ASSOCIATION (BALPA)PlaintiffDefendantsAPPROVED JUDGMENT OF MR. JUSTICE T.C. SMYTHDELIVERED ON WEDNESDAY
 
, 12TH JULY 2006I hereby certify thefollowing to be a trueand accurate transcriptof my shorthand notes ofthe evidence in theabove-named matter. ________________________ 
 
 
APPEARANCESFor the APPLICANT: MR. R. LAW NESBITT SCMR. M. HAYDEN SCMR. MARK DUNNE BLInstructed by:MR. K. O'REILLYO'ROURKE REIDFor the 1ST & 2ND DEFENDANTS: MR. B. O'MOORE SCMR. R. HORAN SCMS. BOLGER BLInstructed by:DARACH CONNOLLY & CO.For the 3RD DEFENDANT:MR. M. CUSH SCMR. M. Ó SCANAILLInstructed by:IVOR FITZPATRICK & CO.COPYRIGHT:
Transcripts are the work of Gwen MaloneStenography Services and they must not be photocopied orreproduced in any manner or supplied or loaned by anappellant to a respondent or to any other party withoutwritten permission of Gwen Malone Stenography Services
 
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Gwen Malone Stenography Services Ltd.
 
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JUDGMENT OF MR. JUSTICE T. C. SMYTH DELIVERED ONWEDNESDAY, 12TH JULY 2006
 
MR. JUSTICE SMYTH:
The Plaintiff operates aEuropean wide low costairline. It is structured so that planes fly from aparticular base where they are kept overnight and begintheir outward journeys from such particular bases. Thetwo bases relevant in this case are one within theState at Dublin and the other abroad at Stansted inEngland. In or about 1998/1999 the Plaintiff decidedto alter the planes it was using from Boeing 737-200sto a more a modern and capacious aircraft, the Boeing737-800, both known colloquially as the 200s and 800s.The regulation of airline pilots requires them notmerely to have a licence to fly but also to becertified to fly a particular type of aircraft.In Dublin the preponderant type of aircraft in 2004 wasthe 737-200, as the fleet was reaching the end of itsappropriate life, it was intended to be phased out tobe replaced by a fleet of 737-800s. The events thatgive rise to this litigation are stated to relate towhat happened when the Plaintiff attempted to obtaincrews to fly the new aircraft. In and about the timeof this transformation of the fleet a website wasestablished in September 2004, updated for some periodthereafter, and known as the REPA website, i.e. theRyanair European Pilots Association. It was

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