Apology to Mr Justice Kearns

Our report in yesterday's edition of a High Court judgment by Mr Justice Kearns in relation to a controversy over public access…

Our report in yesterday's edition of a High Court judgment by Mr Justice Kearns in relation to a controversy over public access to the Old Head of Kinsale stated: "The [Cork County] council had decided not to follow statutory procedures and had entered into an agreement with the developer to create a right of way on terms."

This should have read: "Under statutory procedures the council could have by order created a right of way which would have entitled the developer to compensation or could have entered into an agreement with the developer to create a right of way on terms. Instead, the council opted to impose a condition."

Contrary to our report, the judge had not upheld the third condition referred to in his decision for the reasons as set out in yesterday's report. Mr Justice Kearns also, in his judgment, had stated that no pre-existing public rights of way over the headland were established or asserted in the hearing before the High Court. In the circumstances we apologise to Mr Justice Kearns.