Electricity Supply Board v Good & ors (Approved) [2025] IESC 40 (09 October 2025)

Electricity Supply Board v Good & ors (Approved) [2025] IESC 40 (09 October 2025)

Notice parties are entitled to 90% of costs in each court as against ESB, reflecting their partial success on the central issue of compensation for injurious affection, which occupied the bulk of the proceedings and was of significant public importance.

Citation
[2025] IESC 40
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
09 October 2025
Procedural Posture
Judicial Review / Supreme Court Appeal on Costs
Outcome
Notice parties awarded 90% of costs in each court as against ESB; no order against Attorney General.
Legal Topics
Costs, Compensation for Injurious Affection, Certiorari, Fair Procedures

Case Brief

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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

Judicial Review / Supreme Court Appeal on Costs

  1. 1 Entitlement to costs where parties are partially successful
  2. 2 Appropriate allocation of costs in judicial review proceedings
  3. 3 Compensation for injurious affection under Electricity (Supply) Act 1927

Ratio Decidendi

Notice parties are entitled to 90% of costs in each court as against ESB, reflecting their partial success on the central issue of compensation for injurious affection, which occupied the bulk of the proceedings and was of significant public importance.

Court Disposition

Notice parties awarded 90% of costs in each court as against ESB; no order against Attorney General.

Orders

  • Notice parties to have 90% of costs in each court as against ESB.
  • No order as to costs against Attorney General.