Brady v. Cavan County Council [1996] IEHC 37; [1997] 1 ILRM 390 (6th December, 1996)

Brady v. Cavan County Council [1996] IEHC 37; [1997] 1 ILRM 390 (6th December, 1996)

The County Council has a clear statutory duty to maintain and repair the roads in question, and lack of resources or competing claims does not excuse non-performance of this duty. Mandamus is the appropriate remedy, and there are no discretionary grounds to refuse relief.

Citation
[1997] 1 ILRM 390
Parties
Applicants: Residents between Ashgrove and Stag Hall, Belturbet, Co. Cavan; Respondent: Cavan County Council
Jurisdiction
Ireland
Procedural Posture
Judicial Review (mandamus) / Judgment on Application for Order of Mandamus
Outcome
Order of Mandamus granted
Legal Topics
Statutory Duty to Maintain Roads, Mandamus, Local Authority Funding, Impecuniosity as a Defence, Judicial Discretion in Public Law
Administrative Law Local Government Law Statutory Duty to Maintain Roads Mandamus Local Authority Funding Impecuniosity as a Defence Judicial Discretion in Public Law

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Parties

Residents between Ashgrove and Stag Hall, Belturbet, Co. Cavan

Applicants

Cavan County Council

Respondent

Procedural Posture

Judicial Review (mandamus) / Judgment on Application for Order of Mandamus

Legal Issues

  1. 1 Whether there is a statutory duty on the County Council to repair and maintain the roads
  2. 2 Whether lack of resources is a defence to failure to perform statutory duty
  3. 3 Whether discretionary grounds exist to refuse Mandamus

Ratio Decidendi

The County Council has a clear statutory duty to maintain and repair the roads in question, and lack of resources or competing claims does not excuse non-performance of this duty. Mandamus is the appropriate remedy, and there are no discretionary grounds to refuse relief.

Court Disposition

Order of Mandamus granted

Orders

  • Cavan County Council is ordered by Mandamus to repair and maintain the roads between Ashgrove and Stag Hall, Belturbet, Co. Cavan.