Aurich & Anor v Conroy & Ors (Approved) [2026] IECA 70 (01 May 2026)

Aurich & Anor v Conroy & Ors (Approved) [2026] IECA 70 (01 May 2026)

The plaintiffs failed to establish a fair question to be tried as to any causal link between the defendants' admitted use of pesticides and the plaintiffs' alleged injuries or property damage. There was no expert or scientific evidence supporting causation. The use of pesticides was lawful under the applicable regulations. The High Court was correct to refuse the interlocutory injunction and to dismiss the application.

Citation
[2026] IECA 70
Parties
Plaintiff: Marlena Aurich; Plaintiff: Scott Manning; Defendant: Michael Conroy; Defendant: Martin Duffy; Defendant: Patrick McCann; Defendant: James Caplis; Defendant: Minister for Agriculture, Food and the Marine
Jurisdiction
Ireland
Judgment Date
01 May 2026
Procedural Posture
Civil Appeal / Appeal From High Court Interlocutory Order
Outcome
appeal dismissed
Legal Topics
Injunctions, Use of Pesticides, Causation, Burden of Proof, Constitutional Rights, EU Law Compliance
Environmental Law Tort Law Constitutional Law Injunctions Use of Pesticides Causation Burden of Proof Constitutional Rights +1 more

Case Brief

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Parties

Marlena Aurich

Plaintiff

Scott Manning

Plaintiff

Michael Conroy

Defendant

Martin Duffy

Defendant

Patrick McCann

Defendant

James Caplis

Defendant

Minister for Agriculture, Food and the Marine

Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Interlocutory Order

Legal Issues

  1. 1 Whether the plaintiffs established a fair question to be tried that the defendants' use of pesticides caused personal injury or property damage
  2. 2 Whether the High Court erred in refusing an interlocutory injunction
  3. 3 Whether the use of pesticides was unlawful under Irish or EU law

Ratio Decidendi

The plaintiffs failed to establish a fair question to be tried as to any causal link between the defendants' admitted use of pesticides and the plaintiffs' alleged injuries or property damage. There was no expert or scientific evidence supporting causation. The use of pesticides was lawful under the applicable regulations. The High Court was correct to refuse the interlocutory injunction and to dismiss the application.

Court Disposition

appeal dismissed

Orders

  • Order of the High Court affirmed
  • First defendant entitled to costs of the appeal, subject to further submissions within fourteen days