Byrne & Anor v Abo Energy Ireland Ltd & Ors (Approved) [2025] IESC 27 (05 June 2025)

Byrne & Anor v Abo Energy Ireland Ltd & Ors (Approved) [2025] IESC 27 (05 June 2025)

Compensation under s. 53(5) of the Electricity (Supply) Act 1927, as amended, is confined to losses directly resulting from the imposition of the electric line and associated rights on the land traversed or occupied by the line and its supports. It does not extend to compensation for injurious affection or depreciation of value to retained lands not directly traversed by the line, as the statutory scheme does not incorporate the relevant provisions of the Land Clauses Consolidation Act 1845, nor does the constitutional guarantee of property rights require such compensation in this context.

Citation
[2025] IESC 27
Parties
Respondent/cross Appellant: Electricity Supply Board; Respondent: Paul Good; Appellant/cross Appeal Respondent/notice Party: Peter O'Reilly; Appellant/cross Appeal Respondent/notice Party: Rose O'Reilly
Jurisdiction
Ireland
Judgment Date
05 June 2025
Procedural Posture
Supreme Court Appeal / Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court decision affirmed.
Legal Topics
Compensation for Compulsory Acquisition, Injurious Affection, Electricity Infrastructure, Interpretation of Statutory Compensation Provisions, Right to Property Under Constitution
Compulsory Acquisition Property Law Constitutional Law Statutory Interpretation Compensation for Compulsory Acquisition Injurious Affection Electricity Infrastructure Interpretation of Statutory Compensation Provisions +1 more

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Parties

Electricity Supply Board

Respondent/cross Appellant

Paul Good

Respondent

Peter O'Reilly

Appellant/cross Appeal Respondent/notice Party

Rose O'Reilly

Appellant/cross Appeal Respondent/notice Party

Procedural Posture

Supreme Court Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether compensation under s. 53(5) of the Electricity (Supply) Act 1927 includes compensation for 'injurious affection' to retained lands not directly traversed by the electric line or supporting structures.
  2. 2 Whether the statutory scheme incorporates the Land Clauses Consolidation Act 1845 provisions on injurious affection.
  3. 3 Whether the constitutional guarantee of property rights requires compensation for injurious affection in this context.

Ratio Decidendi

Compensation under s. 53(5) of the Electricity (Supply) Act 1927, as amended, is confined to losses directly resulting from the imposition of the electric line and associated rights on the land traversed or occupied by the line and its supports. It does not extend to compensation for injurious affection or depreciation of value to retained lands not directly traversed by the line, as the statutory scheme does not incorporate the relevant provisions of the Land Clauses Consolidation Act 1845, nor does the constitutional guarantee of property rights require such compensation in this context.

Court Disposition

Appeal dismissed; High Court decision affirmed.

Orders

  • The Arbitrator's award of compensation for injurious affection to retained lands is quashed.
  • Compensation is limited to the direct burden of the line and associated rights on the land traversed.