Lord of the Dance star Michael Flatley has launched further legal action aimed at overturning a judge’s decision that the dispute between him and his former insurance company over a €30 million claim on his Cork mansion policy should go to arbitration.
Lawyers for the former Riverdance star this week lodged an appeal with the Court of Appeal seeking to set aside the referral of the matter by High Court judge Mr Justice Michael Twomey to out of court arbitration.
Mr Justice Michael Twomey rejected Mr Flatley’s claim that Hiscox, in trying to get Mr Flatley to arbitrate, rather than litigate its dispute with him, was seeking to avoid their responsibility to him.
The judge stated that, "On the contrary, it seems to this court, that it is Mr Flatley who is seeking to avoid his responsibility to Hiscox.
"This is because, in the plain English terms of the arbitration clause, he agreed to arbitrate any dispute he had with Hiscox. However, he is seeking to avoid his responsibility to Hiscox, by now seeking to litigate his dispute.”
Mr Justice Twomey said for this reason, the court had little hesitation in referring this dispute to arbitration, particularly as there is nothing "unfair" in the possibility of Mr Flatley having to pay his own legal costs and those of Hiscox, if an arbitrator finds against him in his claim against Hiscox.
The High Court recently heard from Mr Flatley’s counsel, Ronnie Hudson BL, instructed by Maxwell Mooney and Company solicitors that an appeal was planned. The papers were lodged in the appeal court this week.
Amongst the grounds cited by the Flatley side in the appeal is that the High Court in sending the matter for arbitration exceeded its jurisdiction and there was an alleged failure to sufficiently consider Mr Flatley a consumer in place of a businessman.
It is further claimed that there was an alleged failure to fully and appropriately consider Mr Flatley’s constitutional right of access to the courts.
In the proceedings, Mr Flatley is also seeking a declaration that the referral of the Flatley policy with Hiscox Société Anonyme is non-binding on Mr Flatley and a declaration that the dispute between the parties in respect of that policy can continue to litigation.
Mr Flatley further seeks a declaration that the arbitration clause contained in his home insurance policy is unconstitutional in denying his right to have the case heard before a court.
The case will be mentioned before the Court of Appeal at the start of next month.
Mr Flatley, in an affidavit opened during the High Court hearing, claimed the high-end insurance company which covered his Fermoy estate until earlier this year was trying to rewrite his consumer household policy into a commercial policy in order to rely on the Arbitration Act.
Hiscox Societe Anonyme had applied to the High Court to have the proceedings against it before the big business Commercial Court — where Mr Flatley is suing several parties over alleged damage to the mansion — stayed pending arbitration.
In the main Commercial Court proceedings which are continuing, Mr Flatley claims he and his family had to vacate Castlehyde in October 2023 after toxic chemical residue was detected during routine maintenance. He has sued several parties, including Hiscox.
