Heeney v. Dublin Corporation [1998] IESC 26 (17th August, 1998)

Heeney v. Dublin Corporation [1998] IESC 26 (17th August, 1998)

Given the Corporation's obligations under law and the Constitution, and the severe hardship suffered by plaintiffs, the court orders the Corporation to take all reasonable steps within its power to repair and maintain the lifts, reversing the High Court's refusal of interlocutory relief.

Citation
[1998] IESC 26
Parties
Plaintiffs: Roseanna Heeney and others; Defendant: Dublin Corporation
Jurisdiction
Ireland
Procedural Posture
Appeal / Interlocutory Injunction Application on Appeal From High Court
Outcome
High Court order reversed in part; interlocutory injunction granted on consent.
Legal Topics
Obligation to Provide Essential Services, Tenants' Rights, Interlocutory Injunctions, Constitutional Rights to Dwelling and Movement
Constitutional Law Landlord and Tenant Law Administrative Law Obligation to Provide Essential Services Tenants' Rights Interlocutory Injunctions Constitutional Rights to Dwelling and Movement

Case Brief

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Parties

Roseanna Heeney and others

Plaintiffs

Dublin Corporation

Defendant

Procedural Posture

Appeal / Interlocutory Injunction Application on Appeal From High Court

Legal Issues

  1. 1 Whether Dublin Corporation is obliged to provide a reasonably efficient lift service during industrial action
  2. 2 Whether the plaintiffs are entitled to interlocutory relief compelling the Corporation to restore lift services
  3. 3 Extent of constitutional rights to dwelling and freedom of movement

Ratio Decidendi

Given the Corporation's obligations under law and the Constitution, and the severe hardship suffered by plaintiffs, the court orders the Corporation to take all reasonable steps within its power to repair and maintain the lifts, reversing the High Court's refusal of interlocutory relief.

Court Disposition

High Court order reversed in part; interlocutory injunction granted on consent.

Orders

  • Dublin Corporation to take all reasonable steps within its power and authority to repair and maintain the lifts in the Ballymun complex pending the hearing of the action.
  • All persons with knowledge of the order are restrained from acting to frustrate its operation.