Fingal County Council -v- Gavin & Ors [2007] IEHC 444 (14 December 2007)

Fingal County Council -v- Gavin & Ors [2007] IEHC 444 (14 December 2007)

Fingal County Council made reasonable offers of accommodation to the defendants, and is not obliged to provide traveller-specific accommodation to non-indigenous families; the defendants' rejection of the offers does not confer a right of veto, and the Council's indigenous policy is lawful and not applied rigidly.

Source-derived case information.

Citation
[2007] IEHC 444
Parties
Plaintiff: Fingal County Council; Defendant: Martin Gavin; Defendant: Sam Gavin; Defendant: Michael Reilly; Defendant: Arthur Purcell; Defendant: Robert Gavin; Defendant: Terry Mongan; Defendant: Patrick Gavin; Defendant: Douglas Purcell; Defendant: Paul Gavin
Jurisdiction
Ireland
Judgment Date
14 December 2007
Procedural Posture
Plenary Proceedings With Counterclaim / Final Judgment
Outcome
Plaintiff's claim granted, defendants' counterclaim dismissed
Legal Topics
Traveller Accommodation, Statutory Duties of Local Authorities, Emergency Housing, Indigenous Policy, Trespass, European Convention on Human Rights
Housing Law Administrative Law Human Rights Law Traveller Accommodation Statutory Duties of Local Authorities Emergency Housing Indigenous Policy Trespass +1 more

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Summary, issues, holding and outcome

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Parties

Fingal County Council

Plaintiff

Martin Gavin

Defendant

Sam Gavin

Defendant

Michael Reilly

Defendant

Arthur Purcell

Defendant

Robert Gavin

Defendant

Terry Mongan

Defendant

Patrick Gavin

Defendant

Douglas Purcell

Defendant

Paul Gavin

Defendant

Procedural Posture

Plenary Proceedings With Counterclaim / Final Judgment

Legal Issues

  1. 1 Whether Fingal County Council is obliged to provide traveller-specific accommodation to non-indigenous traveller families
  2. 2 Whether the offers of accommodation made by the Council discharged any statutory or human rights obligations
  3. 3 Whether the defendants' circumstances constituted an emergency requiring special accommodation

Ratio Decidendi

Fingal County Council made reasonable offers of accommodation to the defendants, and is not obliged to provide traveller-specific accommodation to non-indigenous families; the defendants' rejection of the offers does not confer a right of veto, and the Council's indigenous policy is lawful and not applied rigidly.

Court Disposition

Plaintiff's claim granted, defendants' counterclaim dismissed

Orders

  • Injunction restraining trespass by defendants and others on plaintiff's lands at Thomondtown, Lusk, Co. Dublin
  • Mandatory order requiring defendants and others to remove themselves, vehicles, caravans, mobile homes, scrap, waste, animals and livestock from the lands