Judge refuses order seeking to examine Rory mobile phones

The applications had also been made by two other companies McIlroy had signed a representation agreement with, Gurteen Ltd and Canovan Management Services.

Mr Justice Raymond Fullam also refused orders seeking discovery of the golfer's phone bills and inspection orders of the mobile phones of consultant Donal Casey, who later became the chief executive officer of Rory McIlroy Inc, and of Sean O'Flaherty, the golfer's personal assistant.

Judge Fullam said in a reserved judgement that the three companies had been looking for expert inspection of eight mobile phones and any computers used by the golfer at any time between October 2011 and December 2013.

The judge said the proposed inspection included "unspecified devices of which there is no evidence of use" by McIlroy.

"The proposed forensic examination of the phones is a speculative exercise which goes beyond the parameters of the evidence," he said.

The applications had been made last year in advance of the hearing of the golfer's claim that he is entitled to repudiate a December 2011 agreement with the three companies on the grounds that it was improvident.

Horizon Sport Management Ltd, Gurteen Ltd and Canovan Management Services deny his claims and have counter-claimed for damages.

The companies claimed McIlroy deliberately "wiped clean" up to eight mobile phones which may have contained important information relating to his legal action against his former sports management company.

oppressive

It is claimed that this "factory resetting" of phones was also done to devices used by Mr Casey and Mr O'Flaherty and by the golfer's father, Gerry McIlroy.

Judge Fullam said Mr Casey and Mr O'Flaherty were not parties in the case, and making inspection orders without their consent would be oppressive.

The judge also refused to make an order that Gerry McIlroy be compelled to provide a further affidavit.

hnews@herald.ie