Ahern & Ors -v- Minister for Agriculture & Ors [2009] IEHC 192 (24 April 2009)

Ahern & Ors -v- Minister for Agriculture & Ors [2009] IEHC 192 (24 April 2009)

The plan was prepared for the purposes of the R.I.S., which applied for three years; therefore, the plan is a three year plan ending at the end of 1986. Aspirational targets for a fourth year do not alter the plan's duration for damages assessment.

Citation
[2009] IEHC 192
Parties
Plaintiffs: John Ahern and Others; 40th Named Plaintiff: James Kavanagh; First Defendant: Minister for Agriculture and Food; Second Defendant: Ireland; Third Defendant: Attorney General
Jurisdiction
Ireland
Judgment Date
24 April 2009
Procedural Posture
Assessment of Damages / Determination of Factual Issue Prior to Damages Assessment
Outcome
Issue determined; the R.I.S. plan was a three year plan for damages assessment.
Legal Topics
Assessment of Damages, Milk Quota Allocation, Mistake of Law, Farm Modernisation Scheme, Reduced Interest Scheme
Administrative Law Agricultural Law Damages Assessment of Damages Milk Quota Allocation Mistake of Law Farm Modernisation Scheme Reduced Interest Scheme

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Parties

John Ahern and Others

Plaintiffs

James Kavanagh

40th Named Plaintiff

Minister for Agriculture and Food

First Defendant

Ireland

Second Defendant

Attorney General

Third Defendant

Procedural Posture

Assessment of Damages / Determination of Factual Issue Prior to Damages Assessment

Legal Issues

  1. 1 Whether the R.I.S. plan of Mr. Kavanagh was a three, four or five year plan for the purposes of assessment of damages

Ratio Decidendi

The plan was prepared for the purposes of the R.I.S., which applied for three years; therefore, the plan is a three year plan ending at the end of 1986. Aspirational targets for a fourth year do not alter the plan's duration for damages assessment.

Court Disposition

Issue determined; the R.I.S. plan was a three year plan for damages assessment.

Orders

  • The reduced interest (R.I.S.) plan of the 40th named plaintiff was a three year plan for the purposes of the assessment of damages in these proceedings.