E. S. B. & Anor -v- Commins [2011] IEHC 316 (22 July 2011)

E. S. B. & Anor -v- Commins [2011] IEHC 316 (22 July 2011)

EirGrid, as transmission system operator, is statutorily empowered to enter defendant's lands for inspection, monitoring, and approval of construction works under s. 20(4) of the Electricity (Supply) Act 1927 as modified by Regulation 8(2) of the 2000 Regulations; ESB and EirGrid are entitled to interlocutory injunctions restraining defendant from obstructing access pending trial.

Citation
[2011] IEHC 316
Parties
Plaintiff: Electricity Supply Board; Plaintiff: EirGrid PLC; Defendant: John Commins
Jurisdiction
Ireland
Judgment Date
22 July 2011
Procedural Posture
Interlocutory Injunction / Application for Interlocutory Relief Pending Trial
Outcome
interlocutory injunction granted
Legal Topics
Statutory Powers, Wayleave, Planning Permission, Electricity Transmission, Injunctions
Property Law Administrative Law Constitutional Law Statutory Powers Wayleave Planning Permission Electricity Transmission Injunctions

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Parties

Electricity Supply Board

Plaintiff

EirGrid PLC

Plaintiff

John Commins

Defendant

Procedural Posture

Interlocutory Injunction / Application for Interlocutory Relief Pending Trial

Legal Issues

  1. 1 Whether EirGrid has statutory power to enter defendant's lands for inspection, monitoring, and approval of construction works
  2. 2 Whether ESB and EirGrid are entitled to interlocutory injunctions restraining defendant from obstructing access
  3. 3 Whether planning permission defects bar relief

Ratio Decidendi

EirGrid, as transmission system operator, is statutorily empowered to enter defendant's lands for inspection, monitoring, and approval of construction works under s. 20(4) of the Electricity (Supply) Act 1927 as modified by Regulation 8(2) of the 2000 Regulations; ESB and EirGrid are entitled to interlocutory injunctions restraining defendant from obstructing access pending trial.

Court Disposition

interlocutory injunction granted

Orders

  • Plaintiffs granted interlocutory injunction restraining defendant from obstructing or preventing ESB and EirGrid from entering and remaining on defendant’s lands for purposes of construction, inspection, monitoring, and approval of Dalton-Galway 110 kV loop line.
  • Defendant ordered to unlock gates and remove barriers blocking plaintiffs’ access.