Griffin & Anor -v- Kerry County Council [2015] IECA 212 (22 June 2015)

Griffin & Anor -v- Kerry County Council [2015] IECA 212 (22 June 2015)

The plaintiffs' claim has no reasonable prospect of success because their remedy following compulsory purchase is compensation under the 1919 Act, not restoration of land or injunction, and there is no evidence of fraudulent misrepresentation or detriment.

Source-derived case information.

Citation
[2015] IECA 212
Parties
Appellant: Cecilia Griffin; Appellant: Caroline Barnes; Respondent: Kerry County Council
Jurisdiction
Ireland
Judgment Date
22 June 2015
Procedural Posture
Civil Appeal / Appeal From High Court Order Striking Out Claim
Outcome
appeal dismissed
Legal Topics
Compulsory Acquisition, Fraudulent Misrepresentation, Damages, Striking Out Proceedings, Compensation
Property Law Compulsory Purchase Civil Procedure Compulsory Acquisition Fraudulent Misrepresentation Damages Striking Out Proceedings Compensation

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Summary, issues, holding and outcome

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Parties

Cecilia Griffin

Appellant

Caroline Barnes

Appellant

Kerry County Council

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Striking Out Claim

Legal Issues

  1. 1 Whether the plaintiffs' claim for fraudulent misrepresentation and restoration of land following compulsory purchase has any reasonable prospect of success
  2. 2 Whether the trial judge erred in striking out the proceedings before considering the application for judgment in default of defence

Ratio Decidendi

The plaintiffs' claim has no reasonable prospect of success because their remedy following compulsory purchase is compensation under the 1919 Act, not restoration of land or injunction, and there is no evidence of fraudulent misrepresentation or detriment.

Court Disposition

appeal dismissed

Orders

  • Appeal against order striking out claim dismissed.
  • Appeal against order declining to require delivery of defence dismissed.