The High Court has refused to make an order allowing a 12-year-old girl to enter an Irish dancing world championship qualifier later this month.
Ella McCarthy, who was described as being among the top 10 Irish dancers in the world, brought the action against An Coimisiún Le Rincí Gaelacha - an organisation that runs competitive Irish dancing.
Ella, who is based in Southampton in England, took the action through her mother Kirsty Blair-McCarthy.
The court heard Ella and her sister had to leave their Irish dancing school in London last July due to a difficulty between their teacher and their mother.
The rules of the CLRG prevent a child from competing in competitions for six months after they change registered teacher.
Ella is currently registered as being taught by her mother. But the CLRG rules mean she cannot take part in a qualifier due to be held later this month, for next year's world championships. This would mean she would not be able to defend her world championship place, the court heard.
When the matter came before the court two weeks ago, Mr Justice Paul Gilligan said it was most unfortunate that a case involving a 12-year-old world championship dancer had ended up in the High Court and he encouraged both sides to discuss the matter.
However, yesterday, Mr Justice Tony O'Connor was told the CLRG's sub-committee had met and had unanimously decided not to grant an exemption to Ella, allowing her to take part in the competition.
This afternoon he ruled that he would not grant the injunction sought by Ella and her mother.
He said the case put forward by her lawyers was "tentative" and he said if he were to grant the injunction and the CLRG later won its case at a full hearing, an award of damages would not be enough to undo the reputational damage to the organisation.
Mr Justice O'Connor said he understood Ella may be disappointed at not being able to compete this time. But he said there would be many future events for her.
He said being disappointed in this one way, was not a sufficient reason for the dramatic reliefs sought.
He added that Ella may have to try harder to qualify next year. But, he said, trying harder was the best way of improving oneself.
He awarded the costs of the injunction application against Ella's mother. He said it did not matter how much sympathy he had for her and for Ella, there was no good reason why the normal rules relating to costs should be deviated from.
He said the court did not want to encourage parties to bring actions on the part of children involved in recreational activities which are governed by their own mechanisms.
However, he put a stay on the order for costs for two years, to allow Ms Blair-McCarthy to pursue legal proceedings further if she wants to.
