McCarthy v Electricity Supply Board (Approved) [2021] IEHC 501 (16 July 2021)

McCarthy v Electricity Supply Board (Approved) [2021] IEHC 501 (16 July 2021)

The ESB's letter of 21 June 2017 constituted a valid unconditional offer under Section 5(1) of the Acquisition of Land (Assessment of Compensation) Act 1919, as it specified a sum for compensation and unconditionally offered to pay pre-reference costs, costs of reference, and reasonable costs for advice, with no statutory requirement breached by multiple offers or the form of the offer.

Citation
[2021] IEHC 501
Parties
Claimant: Timothy McCarthy; Respondent: Electricity Supply Board
Jurisdiction
Ireland
Judgment Date
16 July 2021
Procedural Posture
Special Case Stated From Property Arbitration / High Court Determination of Special Case
Outcome
Question in special case answered in the affirmative; ESB's letter is a valid unconditional offer under Section 5(1) of the 1919 Act.
Legal Topics
Assessment of Compensation, Statutory Offers, Costs in Arbitration
Compulsory Purchase Property Law Statutory Compensation Assessment of Compensation Statutory Offers Costs in Arbitration

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Parties

Timothy McCarthy

Claimant

Electricity Supply Board

Respondent

Procedural Posture

Special Case Stated From Property Arbitration / High Court Determination of Special Case

Legal Issues

  1. 1 Whether the ESB's letter dated 21 June 2017 constitutes a valid unconditional offer for the purposes of Section 5(1) of the Acquisition of Land (Assessment of Compensation) Act 1919

Ratio Decidendi

The ESB's letter of 21 June 2017 constituted a valid unconditional offer under Section 5(1) of the Acquisition of Land (Assessment of Compensation) Act 1919, as it specified a sum for compensation and unconditionally offered to pay pre-reference costs, costs of reference, and reasonable costs for advice, with no statutory requirement breached by multiple offers or the form of the offer.

Court Disposition

Question in special case answered in the affirmative; ESB's letter is a valid unconditional offer under Section 5(1) of the 1919 Act.

Orders

  • Matter listed for further directions on outstanding issues on 27 July 2020.