Clare County Council v McDonagh & Anor (Approved) [2022] IESC 2 (31 January 2022)

Clare County Council v McDonagh & Anor (Approved) [2022] IESC 2 (31 January 2022)

The Supreme Court held that the appellants' caravans and mobile homes constitute a 'dwelling' under Article 40.5 of the Constitution and arguably a 'home' under Article 8 ECHR. The Court of Appeal erred in failing to conduct a proper proportionality analysis regarding the interference with these rights before granting interlocutory relief. The matter was remitted for a proportionality assessment to be conducted in accordance with constitutional and ECHR standards.

Citation
[2022] IESC 2
Parties
Plaintiff/respondent: Clare County Council; Defendant/appellant: Bernard McDonagh; Defendant/appellant: Helen McDonagh; Amicus Curiae: Irish Human Rights and Equality Commission
Jurisdiction
Ireland
Judgment Date
31 January 2022
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal Affirming Interlocutory Mandatory Injunction
Outcome
Appeal allowed in part; matter remitted for proportionality assessment.
Legal Topics
Article 40.5 of the Constitution (inviolability of Dwelling), Article 8 ECHR (right to Respect for Home and Family Life), Planning and Development Act 2000 S.160 (unauthorised Development), Housing (traveller Accommodation) Act 1998, Proportionality Analysis in Eviction Cases, Rights of Travellers as Ethnic Minority, Public Sector Equality and Human Rights Duty
Constitutional Law Human Rights Law Planning and Development Law Property Law Article 40.5 of the Constitution (inviolability of Dwelling) Article 8 ECHR (right to Respect for Home and Family Life) Planning and Development Act 2000 S.160 (unauthorised Development) Housing (traveller Accommodation) Act 1998 +3 more

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Parties

Clare County Council

Plaintiff/respondent

Bernard McDonagh

Defendant/appellant

Helen McDonagh

Defendant/appellant

Irish Human Rights and Equality Commission

Amicus Curiae

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal Affirming Interlocutory Mandatory Injunction

Legal Issues

  1. 1 Whether the appellants' caravans and mobile homes constitute a 'dwelling' under Article 40.5 of the Constitution and/or a 'home' under Article 8 ECHR
  2. 2 Whether the removal of the appellants from the site is a proportionate interference with their constitutional and ECHR rights
  3. 3 Whether the local authority is obliged to consider the impact of removal and prospects for lawful accommodation elsewhere

Ratio Decidendi

The Supreme Court held that the appellants' caravans and mobile homes constitute a 'dwelling' under Article 40.5 of the Constitution and arguably a 'home' under Article 8 ECHR. The Court of Appeal erred in failing to conduct a proper proportionality analysis regarding the interference with these rights before granting interlocutory relief. The matter was remitted for a proportionality assessment to be conducted in accordance with constitutional and ECHR standards.

Court Disposition

Appeal allowed in part; matter remitted for proportionality assessment.

Orders

  • The interlocutory mandatory injunction is set aside.
  • The case is remitted to the High Court for a proportionality assessment in accordance with Article 40.5 of the Constitution and Article 8 ECHR.