Quinn v Athlone Town Council Ireland and the Attorney General [2017] IESC 79 (20 December 2017)

Quinn v Athlone Town Council Ireland and the Attorney General [2017] IESC 79 (20 December 2017)

The appeal was dismissed as moot because Ms. Quinn had already been evicted on foot of a valid, unopposed warrant of execution, and she could not obtain damages for breach of her European Convention rights in those circumstances. Even if delay and acquiescence had not barred her claim, no relief could be granted due to the outcome of the related mandamus proceedings.

Citation
[2017] IESC 79
Parties
Applicant/appellant: Christine Quinn; Respondent: Athlone Town Council; Respondent: Ireland; Respondent: The Attorney General; Notice Party: The Human Rights Commission
Jurisdiction
Ireland
Judgment Date
20 December 2017
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court Refusal of Judicial Review
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Delay and Acquiescence, Eviction Proceedings, European Convention on Human Rights, Mandamus, District Court Procedure
Administrative Law Human Rights Law Constitutional Law Housing Law Judicial Review Delay and Acquiescence Eviction Proceedings European Convention on Human Rights +2 more

Case Brief

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Parties

Christine Quinn

Applicant/appellant

Athlone Town Council

Respondent

Ireland

Respondent

The Attorney General

Respondent

The Human Rights Commission

Notice Party

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Refusal of Judicial Review

Legal Issues

  1. 1 Whether the applicant was out of time to seek judicial review due to delay
  2. 2 Whether the applicant acquiesced in the District Court proceedings, barring relief
  3. 3 Whether the appeal was moot due to the applicant's eviction and unopposed mandamus order

Ratio Decidendi

The appeal was dismissed as moot because Ms. Quinn had already been evicted on foot of a valid, unopposed warrant of execution, and she could not obtain damages for breach of her European Convention rights in those circumstances. Even if delay and acquiescence had not barred her claim, no relief could be granted due to the outcome of the related mandamus proceedings.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no relief granted to applicant