Walsh & anor -v- County Council for the County of Sligo [2014] IESC 22 (02 April 2014)

Walsh & anor -v- County Council for the County of Sligo [2014] IESC 22 (02 April 2014)

The Court found that, except for the route F-G, there was insufficient evidence to establish public rights of way over the other routes. The High Court's declarations of public rights of way over routes B-C, B-D, B-E, and part of A-B were set aside and replaced with a declaration limited to route F-G. Costs were awarded to the appellants proportionate to their success (three quarters).

Citation
[2014] IESC 22
Parties
Plaintiff/appellant: Edward Walsh; Plaintiff/appellant: Constance Cassidy; Defendant/respondent: County Council for the County of Sligo
Jurisdiction
Ireland
Judgment Date
02 April 2014
Procedural Posture
Civil Appeal / Supreme Court Ruling on Costs and Terms of Order
Outcome
Appeal allowed in part and High Court order set aside in part
Legal Topics
Public Rights of Way, Costs, Declaratory Relief
Property Law Civil Procedure Public Rights of Way Costs Declaratory Relief

Case Brief

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Parties

Edward Walsh

Plaintiff/appellant

Constance Cassidy

Plaintiff/appellant

County Council for the County of Sligo

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Ruling on Costs and Terms of Order

Legal Issues

  1. 1 Whether the appellants' lands are subject to public rights of way over specified routes
  2. 2 Whether the High Court erred in its findings regarding the existence of public rights of way
  3. 3 Entitlement to costs

Ratio Decidendi

The Court found that, except for the route F-G, there was insufficient evidence to establish public rights of way over the other routes. The High Court's declarations of public rights of way over routes B-C, B-D, B-E, and part of A-B were set aside and replaced with a declaration limited to route F-G. Costs were awarded to the appellants proportionate to their success (three quarters).

Court Disposition

Appeal allowed in part and High Court order set aside in part

Orders

  • Declaration that only route F-G is subject to a public right of way
  • Declarations of public rights of way over routes B-C, B-D, B-E, and part of A-B set aside