Blascaod Mor Teoranta v. Commissioners of Public Works in Ireland (No.4) [2000] IEHC 130; [2000] 3 IR 565; [2001] 1 ILRM 423 (28th June, 2000)

Blascaod Mor Teoranta v. Commissioners of Public Works in Ireland (No.4) [2000] IEHC 130; [2000] 3 IR 565; [2001] 1 ILRM 423 (28th June, 2000)

The court held that damages are not available for misfeasance in public office in respect of the passing of the 1989 Act due to statutory bar and constitutional immunity. Further, damages are not available against the State for the effects of the passing of the unconstitutional Act, as legislative immunity and public policy preclude such liability except in exceptional circumstances, which are not present here.

Citation
[2000] IEHC 130
Parties
Plaintiffs: Peter Callery and James Callery; Defendants: Minister for Arts, Heritage, Gaeltacht and the Islands and the State
Jurisdiction
Ireland
Procedural Posture
High Court Civil Action / Determination of Preliminary Issues on Damages Following Supreme Court Declaration of Statutory Invalidity
Outcome
Plaintiffs' claims for damages dismissed on both preliminary issues.
Legal Topics
State Liability for Unconstitutional Legislation, Damages for Breach of Constitutional Rights, Misfeasance in Public Office, Equality Before the Law, Property Rights, Legislative Immunity
Constitutional Law Tort Law Administrative Law State Liability for Unconstitutional Legislation Damages for Breach of Constitutional Rights Misfeasance in Public Office Equality Before the Law Property Rights +1 more

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Parties

Peter Callery and James Callery

Plaintiffs

Minister for Arts, Heritage, Gaeltacht and the Islands and the State

Defendants

Procedural Posture

High Court Civil Action / Determination of Preliminary Issues on Damages Following Supreme Court Declaration of Statutory Invalidity

Legal Issues

  1. 1 Whether damages can arise in respect of misfeasance in public office by the Minister from the manner in which the 1989 Act was passed
  2. 2 Whether damages can be awarded against the State for the effects of the passing by the Oireachtas of an unconstitutional Act

Ratio Decidendi

The court held that damages are not available for misfeasance in public office in respect of the passing of the 1989 Act due to statutory bar and constitutional immunity. Further, damages are not available against the State for the effects of the passing of the unconstitutional Act, as legislative immunity and public policy preclude such liability except in exceptional circumstances, which are not present here.

Court Disposition

Plaintiffs' claims for damages dismissed on both preliminary issues.

Orders

  • Claim for damages for misfeasance in public office dismissed as statute-barred and not maintainable.
  • Claim for damages against the State for the passing of the unconstitutional Act dismissed.