Coonan v. A.G. [2001] IESC 48; [2002] 1 ILRM 295 (29 May 2001)

Coonan v. A.G. [2001] IESC 48; [2002] 1 ILRM 295 (29 May 2001)

The Attorney General was not contractually entitled to implement a blanket policy removing individual discretion for renewal; the contract guaranteed at least consideration for renewal based on individual circumstances. Refusal based solely on policy constituted breach of contract.

Citation
[2001] IESC 48
Parties
Plaintiff: Charles Coonan; Defendants: The Attorney General and Ireland
Jurisdiction
Ireland
Judgment Date
29 May 2001
Procedural Posture
Plenary Proceedings (contractual Dispute) / Appeal From High Court to Supreme Court
Outcome
Appeal dismissed (majority); damages award upheld.
Legal Topics
Breach of Contract, Discretion in Employment Contracts, Legitimate Expectation, Promissory Estoppel, Policy Change in Employment
Contract Law Employment Law Administrative Law Breach of Contract Discretion in Employment Contracts Legitimate Expectation Promissory Estoppel Policy Change in Employment

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Parties

Charles Coonan

Plaintiff

The Attorney General and Ireland

Defendants

Procedural Posture

Plenary Proceedings (contractual Dispute) / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether the Attorney General breached contract by refusing extension of State Solicitor's appointment
  2. 2 Whether the Attorney General's discretion was fettered by established practice
  3. 3 Whether legitimate expectation or promissory estoppel applies to the refusal of extension

Ratio Decidendi

The Attorney General was not contractually entitled to implement a blanket policy removing individual discretion for renewal; the contract guaranteed at least consideration for renewal based on individual circumstances. Refusal based solely on policy constituted breach of contract.

Court Disposition

Appeal dismissed (majority); damages award upheld.

Orders

  • Plaintiff entitled to recover £100,000 damages against Defendants
  • Defendants to pay costs of proceedings