Short v. Ireland [1996] IESC 8 (24th October, 1996)

Short v. Ireland [1996] IESC 8 (24th October, 1996)

The Irish courts have jurisdiction to hear the plaintiffs' claims because the alleged harmful effects of the defendant's activities are suffered in Ireland. Service out of jurisdiction was proper under Order 11, as the claim is in the nature of a tort or quia timet action. Complex issues of EU law, international law, and the status of the defendant as a possible emanation of the state are matters for the trial and not grounds for dismissing the action at this stage.

Citation
[1996] IESC 8
Parties
Plaintiffs: Short and others; First Defendant: Ireland; Second Defendant: Attorney General; Third Defendant: British Nuclear Fuels plc
Jurisdiction
Ireland
Procedural Posture
Appeal (interlocutory) / Ruling on Jurisdiction and Service Out of Jurisdiction
Outcome
Appeal dismissed; order of O'Hanlon J. confirmed
Legal Topics
Jurisdiction, Service Out of Jurisdiction, Environmental Impact Assessment, Precautionary Principle, Breach of EU Directives, Customary International Law, Quia Timet Action, Tortious Liability for Transboundary Harm
Tort Law Environmental Law European Union Law International Law Constitutional Law Jurisdiction Service Out of Jurisdiction Environmental Impact Assessment +5 more

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Parties

Short and others

Plaintiffs

Ireland

First Defendant

Attorney General

Second Defendant

British Nuclear Fuels plc

Third Defendant

Procedural Posture

Appeal (interlocutory) / Ruling on Jurisdiction and Service Out of Jurisdiction

Legal Issues

  1. 1 Whether Irish courts have jurisdiction over a foreign defendant for alleged torts causing harm in Ireland
  2. 2 Whether service out of jurisdiction on British Nuclear Fuels plc was proper
  3. 3 Whether the claim is properly characterized as a tort or quia timet action

Ratio Decidendi

The Irish courts have jurisdiction to hear the plaintiffs' claims because the alleged harmful effects of the defendant's activities are suffered in Ireland. Service out of jurisdiction was proper under Order 11, as the claim is in the nature of a tort or quia timet action. Complex issues of EU law, international law, and the status of the defendant as a possible emanation of the state are matters for the trial and not grounds for dismissing the action at this stage.

Court Disposition

Appeal dismissed; order of O'Hanlon J. confirmed

Orders

  • Leave to serve out of jurisdiction on British Nuclear Fuels plc confirmed
  • Renewal of plenary summons for six months confirmed