Byrne & Anor v Abo Energy Ireland Ltd & Ors (Approved) [2025] IESC 27 (05 June 2025)
The Court agreed with the reasoning that limitation of compensation to exclude devaluation losses is not constitutionally invalid, but reserved its position on the constitutional issue as it was unnecessary to decide in this case.
- 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
- Appeal / Judgment
- Outcome
- Judgment delivered; agreement with reasoning and conclusions except constitutional issue reserved.
- Legal Topics
- Compensation for Landowners, Devaluation of Property, Electricity (supply) Act 1927
Case Brief
Summary, issues, holding and outcome
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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
Appeal / Judgment
Legal Issues
- 1 Whether limitation of compensation for devaluation of property under s. 53 of the Electricity (Supply) Act 1927 is constitutionally valid
Ratio Decidendi
The Court agreed with the reasoning that limitation of compensation to exclude devaluation losses is not constitutionally invalid, but reserved its position on the constitutional issue as it was unnecessary to decide in this case.
Court Disposition
Judgment delivered; agreement with reasoning and conclusions except constitutional issue reserved.
Full Case Text
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