Phoenix Law Issues Pre-Action Legal Notice to Government Over Failure to Deliver Stardust Survivors’ Compensation Scheme

31 October 2025

Phoenix Law has today issued formal pre-action correspondence to the Minister for Justice, Jim O’Callaghan, on behalf of Jimmy Fitzpatrick, an injured survivor of the 1981 Stardust fire, and other survivors who remain without the State compensation they were publicly promised.

The full news article can be read here.

The correspondence notifies the Government of our client’s intention to seek judicial review of the State’s ongoing failure to implement the Phase Two Exceptionality Scheme, which was explicitly promised to survivors following the conclusion of the Stardust Inquests in April 2024.

Following the Coroner’s verdicts, the then-Taoiseach Simon Harris publicly committed to a two-phase process of ex-gratia payments—Phase One for bereaved families and Phase Two for injured survivors. This commitment was repeated in the Dáil and in written parliamentary responses, and its terms were published in The Irish Times on 21 June 2024.

Despite the conclusion of Phase One several months ago, there has been no communication, progress, or engagement with survivors regarding Phase Two.

Our client, Mr. Fitzpatrick, suffered both physical and psychological injuries during the fire and has endured over four decades of trauma and neglect. The Government’s failure to act has caused further distress, uncertainty, and suffering to survivors, many of whom now face deteriorating health.

Phoenix Law argues that the Government’s public statements created a legitimate expectation that the Phase Two scheme would commence promptly upon completion of Phase One. The failure to do so is unlawful and will now be challenged by way of judicial review.

Colm Dore of Phoenix Law stated:

“The Government made a solemn and public promise to Stardust survivors — a promise that has, yet again, been broken. Nearly 45 years after the fire, these individuals continue to live with the consequences of that night and the repeated failures of the State. Further delay is unconscionable and will not go unchallenged.”

If you have been affected as a result of the Stardust fire and believe you are eligible for compensation please do not hesitate to contact our Team on TeamStardust@phoenix-law.org