O'Connor v The County Council of the County of Offaly [2020] IECA 72 (20 March 2020)

O'Connor v The County Council of the County of Offaly [2020] IECA 72 (20 March 2020)

Proceedings by way of judicial review challenging the renewal of a waste collection permit, where the object is to ensure compliance with statutory requirements and prevent ongoing unlawful activity, fall within section 4(1)(a) of the Environment (Miscellaneous Provisions) Act 2011. The threshold for a protective costs order under section 7 is that the claim is stateable or arguable, not that it has a reasonable prospect of success. The High Court was correct to grant the order under section 7.

Citation
[2020] IECA 72
Parties
Respondent/applicant: Fergus O’Connor; Appellant/respondent: The County Council of the County of Offaly; First Named Notice Party: Tag-A-Bin Limited; Second Named Notice Party: The County Council of the County of Meath
Jurisdiction
Ireland
Judgment Date
20 March 2020
Procedural Posture
Judicial Review / Appeal From High Court Order on Costs Under Environment (miscellaneous Provisions) Act 2011, S.7
Outcome
Appeal dismissed
Legal Topics
Costs in Environmental Litigation, Protective Costs Orders, Waste Management Permits, Statutory Interpretation, Standing in Environmental Cases
Environmental Law Administrative Law Judicial Review Costs in Environmental Litigation Protective Costs Orders Waste Management Permits Statutory Interpretation Standing in Environmental Cases

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Parties

Fergus O’Connor

Respondent/applicant

The County Council of the County of Offaly

Appellant/respondent

Tag-A-Bin Limited

First Named Notice Party

The County Council of the County of Meath

Second Named Notice Party

Procedural Posture

Judicial Review / Appeal From High Court Order on Costs Under Environment (miscellaneous Provisions) Act 2011, S.7

Legal Issues

  1. 1 Does section 3 of the Environment (Miscellaneous Provisions) Act 2011 apply to judicial review proceedings challenging the renewal of a waste collection permit?
  2. 2 What is the correct threshold for granting a protective costs order under section 7 of the 2011 Act?
  3. 3 Do the proceedings fall within section 4(1)(a) of the 2011 Act as being for the purpose of ensuring compliance with a statutory requirement or condition attached to a permit?

Ratio Decidendi

Proceedings by way of judicial review challenging the renewal of a waste collection permit, where the object is to ensure compliance with statutory requirements and prevent ongoing unlawful activity, fall within section 4(1)(a) of the Environment (Miscellaneous Provisions) Act 2011. The threshold for a protective costs order under section 7 is that the claim is stateable or arguable, not that it has a reasonable prospect of success. The High Court was correct to grant the order under section 7.

Court Disposition

Appeal dismissed

Orders

  • Order of the High Court under section 7 of the Environment (Miscellaneous Provisions) Act 2011 affirmed
  • Each party to bear its own costs in accordance with section 3 of the 2011 Act