Croghan & Ors v Collins & Ors (Approved) [2024] IEHC 607 (31 October 2024)

Croghan & Ors v Collins & Ors (Approved) [2024] IEHC 607 (31 October 2024)

The plaintiffs' claims for interlocutory injunctions are unstateable in law as neither the precautionary principle nor the Aarhus Convention provides a justiciable basis for relief in Irish courts. The claims are not grounded in actionable domestic law, and no fair issue to be tried is disclosed. The application for mandatory injunction fails to meet the threshold for such relief against public authorities. The factual averments advanced are unsupported by evidence and are fundamentally and unreservedly deprecated by the court.

Citation
[2024] IEHC 607
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
31 October 2024
Procedural Posture
Interlocutory Application in Plenary Proceedings / Ruling on Application for Interlocutory Injunction
Outcome
Application for interlocutory injunctions refused.
Legal Topics
Interlocutory Injunctions, Precautionary Principle, Aarhus Convention, Planning Exemptions, Public Participation, Separation of Powers, Mandamus, International Protection, Discrimination, Hate Speech
Administrative Law Planning and Environmental Law Constitutional Law Human Rights Law Interlocutory Injunctions Precautionary Principle Aarhus Convention Planning Exemptions +6 more

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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

Interlocutory Application in Plenary Proceedings / Ruling on Application for Interlocutory Injunction

Legal Issues

  1. 1 Whether the plaintiffs are entitled to interlocutory injunctions restraining the housing of migrants at the Crown Paints site or mandating public representatives to halt the project based on the precautionary principle and Aarhus Convention rights.
  2. 2 Whether the plaintiffs' claims disclose a fair issue to be tried or are stateable in law.

Ratio Decidendi

The plaintiffs' claims for interlocutory injunctions are unstateable in law as neither the precautionary principle nor the Aarhus Convention provides a justiciable basis for relief in Irish courts. The claims are not grounded in actionable domestic law, and no fair issue to be tried is disclosed. The application for mandatory injunction fails to meet the threshold for such relief against public authorities. The factual averments advanced are unsupported by evidence and are fundamentally and unreservedly deprecated by the court.

Court Disposition

Application for interlocutory injunctions refused.

Orders

  • All claims for interlocutory and mandatory injunctions are rejected.
  • No injunction granted against any defendant.