Electricity Supply Board v Good (Approved) [2023] IEHC 83 (22 February 2023)

Electricity Supply Board v Good (Approved) [2023] IEHC 83 (22 February 2023)

Section 53 of the Electricity (Supply) Act 1927 does not incorporate the Lands Clauses Consolidation Act 1845 and does not provide for compensation for injurious affection to retained lands. The property arbitrator erred in law by awarding such compensation. The statutory scheme provides for compensation for the 'take' and disturbance, but not for injurious affection unless expressly incorporated. The late amendments to claims did not breach fair procedures as the arbitrator had discretion under the 1919 Act.

Citation
[2023] IEHC 83
Parties
Applicant: Electricity Supply Board; Respondent: Paul Good; Notice Party: Peter O’Reilly; Notice Party: Rose O’Reilly
Jurisdiction
Ireland
Judgment Date
22 February 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application granted; awards quashed
Legal Topics
Compensation for Statutory Wayleave, Injurious Affection, Principle of Equivalence, Electricity Infrastructure, Assessment of Compensation
Administrative Law Property Law Statutory Interpretation Compensation for Statutory Wayleave Injurious Affection Principle of Equivalence Electricity Infrastructure Assessment of Compensation

Case Brief

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Parties

Electricity Supply Board

Applicant

Paul Good

Respondent

Peter O’Reilly

Notice Party

Rose O’Reilly

Notice Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether compensation for injurious affection is payable under section 53 of the Electricity (Supply) Act 1927
  2. 2 Whether the Lands Clauses Consolidation Act 1845 applies to compensation for wayleave under section 53
  3. 3 Whether the property arbitrator erred in law by awarding compensation for injurious affection

Ratio Decidendi

Section 53 of the Electricity (Supply) Act 1927 does not incorporate the Lands Clauses Consolidation Act 1845 and does not provide for compensation for injurious affection to retained lands. The property arbitrator erred in law by awarding such compensation. The statutory scheme provides for compensation for the 'take' and disturbance, but not for injurious affection unless expressly incorporated. The late amendments to claims did not breach fair procedures as the arbitrator had discretion under the 1919 Act.

Court Disposition

Application granted; awards quashed

Orders

  • Order of certiorari quashing the property arbitrator's awards dated 8 July 2019 and stamped 25 July 2019
  • Declaration that the awards are void and of no legal effect