Clare County Council v McDonagh (Unapproved) [2020] IECA 307 (12 November 2020)

Clare County Council v McDonagh (Unapproved) [2020] IECA 307 (12 November 2020)

The Court of Appeal held that the High Court was correct to grant interlocutory prohibitory and mandatory injunctions restraining the appellants from occupying Council land and compelling removal of their caravans and property. The appellants' occupation was unauthorised and constituted trespass and breach of planning law. The Council had made reasonable offers of accommodation, which were refused by the appellants, and there was no entitlement to bespoke or Traveller-specific accommodation of the appellants' choosing. Article 8 ECHR did not confer a positive right to such accommodation, and the interference was proportionate in light of the Council's statutory obligations and the need to...

Citation
[2020] IECA 307
Parties
Respondent: Clare County Council; Appellant: Bernard McDonagh; Appellant: Helen McDonagh
Jurisdiction
Ireland
Judgment Date
12 November 2020
Procedural Posture
Civil Appeal / Appeal Against Interlocutory Injunctions Granted by the High Court
Outcome
appeal dismissed
Legal Topics
Interlocutory Injunctions, Mandatory Injunctions, Trespass, Unauthorised Development, Traveller Accommodation, Article 8 ECHR, Proportionality, Judicial Discretion, Statutory Interpretation
Planning Law Housing Law Human Rights Law Local Government Law Interlocutory Injunctions Mandatory Injunctions Trespass Unauthorised Development +5 more

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Parties

Clare County Council

Respondent

Bernard McDonagh

Appellant

Helen McDonagh

Appellant

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Injunctions Granted by the High Court

Legal Issues

  1. 1 Whether the High Court erred in granting interlocutory prohibitory and mandatory injunctions restraining the appellants from occupying Council land and compelling removal of their caravans and property
  2. 2 Whether the appellants' occupation constituted a 'home' under Article 8 ECHR and if so, whether the interference was proportionate
  3. 3 Whether the Council failed in its statutory obligations to provide Traveller-specific accommodation

Ratio Decidendi

The Court of Appeal held that the High Court was correct to grant interlocutory prohibitory and mandatory injunctions restraining the appellants from occupying Council land and compelling removal of their caravans and property. The appellants' occupation was unauthorised and constituted trespass and breach of planning law. The Council had made reasonable offers of accommodation, which were refused by the appellants, and there was no entitlement to bespoke or Traveller-specific accommodation of the appellants' choosing. Article 8 ECHR did not confer a positive right to such accommodation, and the interference was proportionate in light of the Council's statutory obligations and the need to...

Court Disposition

appeal dismissed

Orders

  • Interlocutory prohibitory and mandatory injunctions affirmed restraining the appellants from placing and retaining caravans, vehicles and associated property on Council land at Cahercallamore, Ennis, County Clare.
  • Appellants compelled to remove forthwith their caravans, vehicles and associated property from the said land pending trial.