Krikke & Ors v Barranafaddock Sustainability Electricity Ltd (Approved) [2020] IESC 33 (18 June 2020)

Krikke & Ors v Barranafaddock Sustainability Electricity Ltd (Approved) [2020] IESC 33 (18 June 2020)

The Court found that the Court of Appeal erred in its assessment of the weight to be attributed to the various factors and allowed the appeal in principle, but determined that the stay should not be lifted due to significant changes in circumstances and the interests of justice.

Citation
[2020] IESC 33
Parties
Plaintiffs/respondents: Krikke & ors; Defendants/appellants: Barranafaddock Sustainability Electricity Ltd
Jurisdiction
Ireland
Judgment Date
18 June 2020
Procedural Posture
Appeal / Ruling on Appeal, Post Hearing, Pending Full Judgment
Outcome
Appeal allowed in principle; stay not lifted
Legal Topics
Stay of Proceedings, Appeal Assessment, Planning Regularisation
Civil Procedure Planning Law Stay of Proceedings Appeal Assessment Planning Regularisation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Krikke & ors

Plaintiffs/respondents

Barranafaddock Sustainability Electricity Ltd

Defendants/appellants

Procedural Posture

Appeal / Ruling on Appeal, Post Hearing, Pending Full Judgment

Legal Issues

  1. 1 Whether the Court of Appeal erred in its assessment of the weight to be attributed to various factors in granting a stay
  2. 2 Whether the stay imposed by the Court of Appeal should be lifted in light of changed circumstances

Ratio Decidendi

The Court found that the Court of Appeal erred in its assessment of the weight to be attributed to the various factors and allowed the appeal in principle, but determined that the stay should not be lifted due to significant changes in circumstances and the interests of justice.

Court Disposition

Appeal allowed in principle; stay not lifted

Orders

  • Appeal allowed in principle
  • Stay imposed by the Court of Appeal remains in place