Kenny -v- Minister for Agriculture and Food & ors [2013] IEHC 520 (01 November 2013)

Kenny -v- Minister for Agriculture and Food & ors [2013] IEHC 520 (01 November 2013)

All elements of the plaintiff's claim arising from actions before July 2004 are statute-barred under the Statute of Limitations 1957. Public law challenges are also out of time by analogy to Order 84, rule 21. The plaintiff failed to provide good reason for delay, and no case of concealment by the defendants was established. Equitable relief is barred by laches and acquiescence. The claims are dismissed as statute-barred, out of time, or otherwise unstateable.

Citation
[2013] IEHC 520
Parties
Plaintiff: Patrick Joseph Kenny; Defendants: Minister for Agriculture and Food, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
01 November 2013
Procedural Posture
Plenary Summons / Ruling on Preliminary Issue and Strike Out Application
Outcome
Plaintiff's claims dismissed as statute-barred, out of time, or otherwise unstateable.
Legal Topics
Statute of Limitations, Abuse of Process, Delay and Laches, Judicial Review by Analogy, Compensation Schemes, Ultra Vires Acts, Legitimate Expectation, EU Directives Transposition, Constitutional Rights, Equitable Relief
Administrative Law Constitutional Law Tort Law European Union Law Statute of Limitations Abuse of Process Delay and Laches Judicial Review by Analogy +6 more

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Parties

Patrick Joseph Kenny

Plaintiff

Minister for Agriculture and Food, Ireland and the Attorney General

Defendants

Procedural Posture

Plenary Summons / Ruling on Preliminary Issue and Strike Out Application

Legal Issues

  1. 1 Whether the plaintiff's claims are statute-barred under the Statute of Limitations 1957
  2. 2 Whether the claims should be dismissed for abuse of process and/or delay by analogy to Order 84, rule 21 of the Rules of the Superior Courts
  3. 3 Whether the plaintiff has locus standi for the reliefs sought

Ratio Decidendi

All elements of the plaintiff's claim arising from actions before July 2004 are statute-barred under the Statute of Limitations 1957. Public law challenges are also out of time by analogy to Order 84, rule 21. The plaintiff failed to provide good reason for delay, and no case of concealment by the defendants was established. Equitable relief is barred by laches and acquiescence. The claims are dismissed as statute-barred, out of time, or otherwise unstateable.

Court Disposition

Plaintiff's claims dismissed as statute-barred, out of time, or otherwise unstateable.

Orders

  • Plaintiff's claims in paragraphs 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 16A, 17, 17A, 18, 19, 20, 21, 22, 23, 24A(b), 25 and 26 of the amended statement of claim are statute-barred and dismissed.
  • Claims for equitable relief are dismissed for laches and acquiescence.