Croghan and Ors v Collins and Ors (Approved) [2026] IEHC 22 (15 January 2026)

Croghan and Ors v Collins and Ors (Approved) [2026] IEHC 22 (15 January 2026)

Costs of interlocutory injunction application awarded against all Plaintiffs jointly and severally, as the application was unstateable and failed; Townbe awarded only 60% of its interlocutory costs due to false information tendered to court; State and Council awarded full interlocutory costs; Ms. Kelly's application for costs refused; costs of moot proceedings not awarded against Townbe or Council, as mootness was not caused by their actions; State's unilateral abandonment of project rendered proceedings moot, but insufficient evidence to award costs against State for mootness.

Citation
[2026] IEHC 22
Parties
Plaintiff: Alan Croghan; Plaintiff: Amanda Farrelly; Plaintiff: Melissa Kelly; Defendant: Paul Collins; Defendant: Tanya Hennigan; Defendant: Townbe Unlimited Company; Defendant: The Commissioner of An Garda Siochana; Defendant: Roderick O'Gorman; Defendant: The Minister for Children, Equality, Disability, Integration and Youth; Defendant: Dublin City Council; Defendant: The Government of Ireland; Defendant: The Minister for Housing Local Government and Heritage
Jurisdiction
Ireland
Judgment Date
15 January 2026
Procedural Posture
Judicial Review / Costs Ruling After Proceedings Struck Out as Moot
Outcome
Costs awarded against Plaintiffs for interlocutory injunction application; Townbe awarded 60% of interlocutory costs; State and Council awarded full interlocutory costs; no costs awarded for moot proceedings; Ms. Kelly's application for costs refused.
Legal Topics
Costs in Moot Proceedings, Interlocutory Injunctions, Lay Litigant Costs, Statutory Costs Protection, Conduct and Costs, Impecuniosity and Costs, SLAPP Allegations
Planning Law Environmental Law Civil Procedure Costs in Moot Proceedings Interlocutory Injunctions Lay Litigant Costs Statutory Costs Protection Conduct and Costs +2 more

Case Brief

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Parties

Alan Croghan

Plaintiff

Amanda Farrelly

Plaintiff

Melissa Kelly

Plaintiff

Paul Collins

Defendant

Tanya Hennigan

Defendant

Townbe Unlimited Company

Defendant

The Commissioner of An Garda Siochana

Defendant

Roderick O'Gorman

Defendant

The Minister for Children, Equality, Disability, Integration and Youth

Defendant

Dublin City Council

Defendant

The Government of Ireland

Defendant

The Minister for Housing Local Government and Heritage

Defendant

Procedural Posture

Judicial Review / Costs Ruling After Proceedings Struck Out as Moot

Legal Issues

  1. 1 Whether costs protection applies to these proceedings
  2. 2 Entitlement to costs following failed interlocutory injunction application
  3. 3 Appropriate costs order for lay litigants

Ratio Decidendi

Costs of interlocutory injunction application awarded against all Plaintiffs jointly and severally, as the application was unstateable and failed; Townbe awarded only 60% of its interlocutory costs due to false information tendered to court; State and Council awarded full interlocutory costs; Ms. Kelly's application for costs refused; costs of moot proceedings not awarded against Townbe or Council, as mootness was not caused by their actions; State's unilateral abandonment of project rendered proceedings moot, but insufficient evidence to award costs against State for mootness.

Court Disposition

Costs awarded against Plaintiffs for interlocutory injunction application; Townbe awarded 60% of interlocutory costs; State and Council awarded full interlocutory costs; no costs awarded for moot proceedings; Ms. Kelly's application for costs refused.

Orders

  • State Defendants awarded single set of interlocutory costs against Plaintiffs jointly and severally.
  • Dublin City Council awarded interlocutory costs against Plaintiffs jointly and severally.