Short & Ors v. Ireland & Ors [2003] IEHC 177 (13 February 2003)

Short & Ors v. Ireland & Ors [2003] IEHC 177 (13 February 2003)

The court segmented issues for determination in advance of plenary hearing to facilitate efficient presentation of evidence and potentially dispose of action or issues, identifying distinct legal questions between plaintiffs and each defendant.

Citation
[2003] IEHC 177
Parties
Plaintiff: Constance Short; Plaintiff: Mary Kavanagh; Plaintiff: Mark Dearey; Plaintiff: Ollan Herr; Defendant: Ireland; Defendant: The Attorney General; Defendant: British Nuclear Fuels PLC
Jurisdiction
Ireland
Judgment Date
13 February 2003
Procedural Posture
Motion for Directions / Pre Plenary Hearing Segmentation of Issues
Outcome
Issues segmented for advance determination; no substantive ruling on merits.
Legal Topics
Duty Under Constitution, Environmental Impact Assessment, Jurisdiction, Forum Conveniens, EC Directives, Euratom Directives, Precautionary Principle, Preventative Action, Radioactive Discharges
Constitutional Law Environmental Law European Union Law Duty Under Constitution Environmental Impact Assessment Jurisdiction Forum Conveniens EC Directives +4 more

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Parties

Constance Short

Plaintiff

Mary Kavanagh

Plaintiff

Mark Dearey

Plaintiff

Ollan Herr

Plaintiff

Ireland

Defendant

The Attorney General

Defendant

British Nuclear Fuels PLC

Defendant

Procedural Posture

Motion for Directions / Pre Plenary Hearing Segmentation of Issues

Legal Issues

  1. 1 Whether plaintiffs have a cause of action against Ireland and Attorney General for alleged wrongdoing of British Nuclear Fuels PLC
  2. 2 Whether relief can be granted against Ireland and Attorney General by way of damages or mandatory injunction
  3. 3 Whether Ireland and Attorney General owed constitutional duties to plaintiffs under specified Articles

Ratio Decidendi

The court segmented issues for determination in advance of plenary hearing to facilitate efficient presentation of evidence and potentially dispose of action or issues, identifying distinct legal questions between plaintiffs and each defendant.

Court Disposition

Issues segmented for advance determination; no substantive ruling on merits.

Orders

  • Application for segmentation of issues granted; parties to apply for hearing dates as ready.