O'Faolain v. Dublin Corporation [1996] IEHC 41 (10th December, 1996)

O'Faolain v. Dublin Corporation [1996] IEHC 41 (10th December, 1996)

The Court found that the Applicant established the first three elements of a riot and, based on the evidence of Ms. O'Haire and the group acting in concert, inferred sufficient intent and display of conduct to satisfy the remaining elements. The statutory requirements for compensation under Section 5 were met.

Citation
[1996] IEHC 41
Parties
Applicant: Applicant; Respondents: Respondents
Jurisdiction
Ireland
Procedural Posture
Appeal / High Court Judgment on Appeal From Circuit Court Order Dismissing Application Under Malicious Injuries Act, 1981
Outcome
Appeal allowed; Applicant entitled to compensation under Section 5 of the Malicious Injuries Act, 1981, as amended.
Legal Topics
Malicious Damage, Compensation for Criminal Injuries, Interpretation of 'riot' and 'tumult', Statutory Construction
Tort Law Statutory Compensation Malicious Damage Compensation for Criminal Injuries Interpretation of 'riot' and 'tumult' Statutory Construction

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Applicant

Applicant

Respondents

Respondents

Procedural Posture

Appeal / High Court Judgment on Appeal From Circuit Court Order Dismissing Application Under Malicious Injuries Act, 1981

Legal Issues

  1. 1 Whether the Applicant is entitled to compensation under Section 5 of the Malicious Injuries Act, 1981, as amended, for damage caused by persons 'riotously assembled together'
  2. 2 Whether the conduct of the group met the statutory definition of 'riot'

Ratio Decidendi

The Court found that the Applicant established the first three elements of a riot and, based on the evidence of Ms. O'Haire and the group acting in concert, inferred sufficient intent and display of conduct to satisfy the remaining elements. The statutory requirements for compensation under Section 5 were met.

Court Disposition

Appeal allowed; Applicant entitled to compensation under Section 5 of the Malicious Injuries Act, 1981, as amended.

Orders

  • Order of the Circuit Court dismissing the application is set aside.
  • Applicant awarded compensation for damage to property under Section 5.