Pierce t/a Swords Memorial & anor -v- Dublin Cemeteries Committee & ors [2009] IESC 47 (28 May 2009)

Pierce t/a Swords Memorial & anor -v- Dublin Cemeteries Committee & ors [2009] IESC 47 (28 May 2009)

The plaintiff has locus standi because no real or effective alternative remedy exists under the Competition Act 1991 or via complaints to the Competition Authority or European Commission for the specific constitutional right asserted. The cause of action is not precluded by the mere existence of a theoretical statutory remedy.

Citation
[2009] IESC 47
Parties
Plaintiff/appellant: David Pierce trading as Swords Memorials and Andrew Pierce Monuments; Defendant/respondent: Dublin Cemeteries Committee; Defendant/respondent: Glasnevin Cemetery Monument Works Ltd; Defendant/respondent: Glasnevin Crematorium Ltd
Jurisdiction
Ireland
Judgment Date
28 May 2009
Procedural Posture
Civil Appeal / Supreme Court Appeal on Preliminary Issue of Locus Standi
Outcome
Plaintiff has locus standi; appeal on this preliminary issue allowed.
Legal Topics
Locus Standi, Ultra Vires, Alternative Remedy, Competition Act 1991, Right to Earn a Living
Administrative Law Competition Law Constitutional Law Locus Standi Ultra Vires Alternative Remedy Competition Act 1991 Right to Earn a Living

Case Brief

Summary, issues, holding and outcome

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Parties

David Pierce trading as Swords Memorials and Andrew Pierce Monuments

Plaintiff/appellant

Dublin Cemeteries Committee

Defendant/respondent

Glasnevin Cemetery Monument Works Ltd

Defendant/respondent

Glasnevin Crematorium Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal on Preliminary Issue of Locus Standi

Legal Issues

  1. 1 Whether the plaintiff has locus standi to challenge the defendants' activities as ultra vires under the Dublin Cemeteries Committee Act 1970
  2. 2 Whether a real alternative remedy exists under the Competition Act 1991 or via complaint to the Competition Authority or European Commission

Ratio Decidendi

The plaintiff has locus standi because no real or effective alternative remedy exists under the Competition Act 1991 or via complaints to the Competition Authority or European Commission for the specific constitutional right asserted. The cause of action is not precluded by the mere existence of a theoretical statutory remedy.

Court Disposition

Plaintiff has locus standi; appeal on this preliminary issue allowed.

Orders

  • The appellant is entitled to proceed in his appeal; no real alternative remedy exists under the Competition Act 1991.