By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: Assessment of damages, Easements, Negligence
Walsh v. South Tipperary County Council [2011] IEHC 503
(High Court, Clarke J, 9 December 2011)
High Court awards €150,000 to purchasers of land who relied on letter from local authority stating that road was public right-of-way. (Full text.)
Public rights of way – negligent mis-statement / misrepresentation – letter issued by local authority in respect of right of way – mistake in letter – letter sent to vendor of land – reliance by purchasers on letter – error in transposing More
By Mark Tottenham BL in Peart J No Comments Tags: Costs, Easements
All Saints National School v. Courts Service [2011] IEHC 434
(High Court, Peart J, 22 November 2011)
High Court: a) awards defendant the costs of an unsuccessful application for an interlocutory injunction; and b) awards the plaintiff one half of the costs of the successful proceedings; said costs to be set off against each other. (Full text.)
Costs – equitable relief awarded in earlier judgment – whether costs should follow event – whether court should depart from normal rule – alteration of plaintiff’s original case – easement as ordered similar to offer of licence made by defendant More
By Mark Tottenham BL in Charleton J 2 Comments Tags: Easements, Judicial review
McNulty v. Clare County Council [2011] IEHC 337 (28 July 2011)
High Court (Charleton J) refuses judicial review of decision by local authority to agree variation of public right of way. (Full text.)
Judicial review – public right of way to beach through golf course – proposed variation of right of way – public hearings – conduct of hearings – alleged bias – whether variation of right of way ultra vires the council – s. 73, Roads Acts 1993 – whether procedure in s 73 followed by local authority – whether decision of local authority irrational.
Malahide Community Council Limited v. Fingal County Council [1997] 3 I.R. 383
Graves v An Bord Pleanála [1997] 3 I.R. 540
By Mark Tottenham BL in Laffoy J No Comments Tags: Easements, Injunction
ESB v. Commins [2011] IEHC 316 (22 July 2011)
High Court (Laffoy J) grants order restraining defendant from obstructing the plaintiffs from entering on to his lands to prepare for the construction of an electricity loop line. (Full text.)
Injunction – application for order restraining obstruction of plaintiffs from entering lands – preparatory work for construction of electricity line – exercise of wayleave – error in statutory wayleave notice – failure to notify actual landowner – whether plaintiffs had statutory entitlement to enter lands – s. 14(1)(e) of the Electricity Regulation Act 1999 – Regulation 8(2) of the European Communities (Internal Market in Electricity) Regulations 2000 (S.I. No. 445/2000) – whether Eirgrid, as second named plaintiff, had right to enter on to land – whether Eirgrid had shown a strong case that was likely to succeed at hearing of action.
ESB v. Burke [2006] IEHC 214
ESB v. Roddy[2010] IEHC 158
ESB v. Gormley [1985] I.R. 129
Maha Lingham v. Health Service Executive [2006] 17 ELR 137
By Mark Tottenham BL in Peart J No Comments Tags: Easements, Estoppel
All Saints National School v. Courts Service [2011] IEHC 274 (6 July 2011)
High Court (Peart J) finds that an equitable easement had arisen in respect of access to school through grounds of courthouse, subject to considerations of safety for users of the courthouse premises. (Full text.)
Right of way – access to school through grounds of courthouse – whether access granted as licence – whether original arrangement transmogrified through use into an equitable easement – decision by defendant to block up access to school – reliance on access in expenditure of moneys and in applications for planning permission – estoppel.
R (Beresford) v. Sunderland City Council [2003] 3 WLR 1306
By Mark Tottenham BL in Fennelly J No Comments Tags: Easements
Simmonds v. Kilkenny County Borough [2011] IESC 20 (8 June 2011)
Supreme Court (Fennelly J, nem diss) dismisses plaintiff’s appeal and affirms decision of High Court that he had not established right to trade pursuant to historic market rights in Kilkenny. (Full text.)
Market rights – historic market – adoption by local authority of casual trading bye-laws – Kilkenny Markets Act 1861 – common law market rights – finding by High Court that plaintiff had not established right to trade in Kilkenny – extinguishment of market rights under section 17(4) of the Casual Trading Act 1995 – effect of 1861 Act on common law market rights in Kilkenny – failure of plaintiff to apply for casual trading licence.
Simmonds v. Kilkenny County Borough, High Court, Smyth J, 15 June 2007
DPP (Long) –v- McDonald (1983) I.L.R.M. 223
Manchester Corporation –v- Lyons (1882) 22 Ch D. 287;
Mayor etc. of Windsor –v-Taylor (1899) AC 41
Corporation of Manchester v Peverley (decided 24th April 1876 but reported as a footnote to Manchester Corporation –v- Lyons, cited above)
By Mark Tottenham BL in Laffoy J No Comments Tags: Easements, Injunction
Kavanagh v. CIE [2009] IEHC 624 (Laffoy J, 9 October 2009)
High Court grants declaration that the plaintiffs were entitled to the use of a level crossing over the defendant’s railway line. (Full text.)
Easement – right of way across railway line – obligation to keep use of level crossing available to users of right of way – interlocutory relief – accommodation way – whether use of way limited to farming activities – whether right to use level crossing terminated – whether use of way necessary for use of land – s 68, Railway Clauses Consolidation Act 1845 – whether right to use level crossing confirmed in correspondence.
Midland Railway Company v. Gribble [1895] 2 Ch. 827
Great Northern Railway Company v. M’Alister [1897] 1 I.R. 587
Great Western Railway Company v. Talbot [1902] 2 Ch. 759
Taff Vale Railway v. Gordon Canning [1909] 2 Ch. 48
West v. Great Northern Railway (Ireland) [1945] N.I. 55
British Railways Board v. Glass [1964] 3 All E.R. 418
R.P.C. Holdings Ltd. v. Rogers [1953] 1 All E.R. 1029
By Mark Tottenham BL in McMahon J No Comments Tags: Easements, Nuisance, Trespass
Court finds defendants liable for nuisance and trespass but declines to grant injunction on grounds of acquiescence. Damages measured at €150,000. (Full text.)
Right of way – dominant tenement absorbed into larger property – whether right of way extended to larger property – extension of licensed premises – whether authorisation of servient tenement required to extend user of right of way – whether right of way “for all purposes” extended to use as emergency exit for persons on neighbouring premises – whether right of way permitted owners of dominant tenement to erect lights or dig trenches – whether acquiescence in changes to neighbouring property – whether injunction appropriate – measure of damages.
Harris v. Flower & Sons [1905] 74 L.J.Ch. 127
Peacock & Anor v. Custins & Anor [2002] 1 W.L.R. 1815
Macepark (Whittlebury) Limited v. Sargeant [2003] 2 P.C.R. 12
Shaw & Anor v. Applegate [1977] 1 W.L.R. 970
Wilmot v. Barber [1880] 15 Ch. D. 96
Electrolux Limited v. Electrix Limited [1954] 71 R.P.C. 23
Solomon v. The Red Bank Restaurant Limited [1938] I.R. 793;
Bracewell and Anor. v. Appleby [1975] 1. All E.R. 993
Bracewell v. Appleby [1975] 1 All E.R. 993
Wrotham Park Estate Company Limited v. Parkside Homes Limited [1974] 2 All E.R. 321, [1974] 1 W.L.R. 798
Conneran & O’Reilly v. Corbett & Sons Ltd [2006] IEHC 254
By Mark Tottenham BL in McMahon J No Comments Tags: Easements
High Court refuses plaintiff’s claim and makes declaration that public right of way exists over the plaintiffs’ property.
Public rights of way – inferred or express dedication – user without force, secrecy or permission – whether user “as of right” – animus dedicandi – evidence as to user – permission v. acquiescence – obstructions at entrances – exceptions to hearsay rule – admissions – inclusion of right of way in county development plan – property owned by ward of court – expenditure of public monies on estate roadways – whether ward of court capable of dedicating rights of way.
Connell v. Porter (1972) [2005] 3 I.R. 601
Bruen. v. Murphy (Unreported, High Court, McWilliams J., 11th March, 1980)
Smeltzer v. Fingal County Council [1998] 1 I.R. 279
Murphy v. County Council of Wicklow (Unreported, Kearns J., High Court, 19th March, 1999)
Bland P., Easements, 2nd Ed., (Dublin, 2009) at pp. 459 et seq
Carroll v Sheridan and Sheehan [1984] I.L.R.M. 451
Dawes v Hawkins (1860) 8 CB (N.S.) 848
Regina (Godmanchester Town Council) v. Secretary of State for the Environment, Food and Rural Affairs [2007] 3 W.L.R. 85
Folkestone Corporation v. Brockman [1914] AC 338
Farquhar v. Newbury Rural District Council [1909] 1 Ch.12
R. v. Oxfordshire County Council, and Another, Ex. p.. Sunningwell P.C [2000] 1 A.C. 335
Davies v Stevens (1836) 7 C. & P. 570
Dawes v. Hawkins [1860] 8 C.B. (N. S.) 848