Kelleher v Electricity Supply Board (Alternative title: Good v Electricity Supply Board) (Approved) [2021] IEHC 497 (16 July 2021)

Kelleher v Electricity Supply Board (Alternative title: Good v Electricity Supply Board) (Approved) [2021] IEHC 497 (16 July 2021)

The letter of 8 February 2017 did not constitute a valid unconditional offer due to lack of clarity regarding pre-reference costs. The letter of 21 June 2017 did constitute a valid unconditional offer as it provided sufficient clarity. An unconditional offer under Section 5(1) can be accepted at any time prior to the making of an award by the Property Arbitrator, unless withdrawn.

Citation
[2021] IEHC 497
Parties
Claimant: Dermot Kelleher; Respondent: Electricity Supply Board
Jurisdiction
Ireland
Judgment Date
16 July 2021
Procedural Posture
Judicial Review / Case Stated / Judgment
Outcome
Questions answered: (i) negative, (ii) affirmative, (iii) affirmative.
Legal Topics
Unconditional Offer, Assessment of Compensation, Wayleave Notice, Acceptance of Offer, Costs in Arbitration
Property Law Compensation Law Arbitration Law Unconditional Offer Assessment of Compensation Wayleave Notice Acceptance of Offer Costs in Arbitration

Case Brief

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Parties

Dermot Kelleher

Claimant

Electricity Supply Board

Respondent

Procedural Posture

Judicial Review / Case Stated / Judgment

Legal Issues

  1. 1 Whether ESB's letters constituted valid unconditional offers under Section 5(1) of the Acquisition of Land (Assessment of Compensation) Act 1919
  2. 2 Whether such offers can be accepted at any time prior to the making of an award by the Property Arbitrator

Ratio Decidendi

The letter of 8 February 2017 did not constitute a valid unconditional offer due to lack of clarity regarding pre-reference costs. The letter of 21 June 2017 did constitute a valid unconditional offer as it provided sufficient clarity. An unconditional offer under Section 5(1) can be accepted at any time prior to the making of an award by the Property Arbitrator, unless withdrawn.

Court Disposition

Questions answered: (i) negative, (ii) affirmative, (iii) affirmative.

Orders

  • Matter listed for mention on 27 July 2020 at 10am to deal with outstanding matters including costs.