Muller -v- Shell E & P (Ireland) Ltd [2017] IESC 42 (14 June 2017)

Muller -v- Shell E & P (Ireland) Ltd [2017] IESC 42 (14 June 2017)

The 2007 Prohibition Order, made under s.26(4) Gas Act 1976, continued to prohibit Shell from entering the Rossport Commonage for site investigations until it was vacated, regardless of Shell's subsequent acquisition of a co-ownership share. Shell's entry and investigative acts constituted contempt of court as they breached the order, which remained valid and binding until formally vacated. The High Court erred in holding otherwise.

Citation
[2017] IESC 42
Parties
Applicant/appellant: Monica Muller; Respondent: Shell E&P (Ireland) Limited
Jurisdiction
Ireland
Judgment Date
14 June 2017
Procedural Posture
Appeal (case Stated) From District Court Via High Court to Supreme Court / Supreme Court Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Statutory Powers of Entry, Co Ownership Rights, Civil Contempt, Effect of Court Orders, Gas Act 1976
Civil Procedure Property Law Statutory Interpretation Contempt of Court Statutory Powers of Entry Co Ownership Rights Civil Contempt Effect of Court Orders +1 more

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Parties

Monica Muller

Applicant/appellant

Shell E&P (Ireland) Limited

Respondent

Procedural Posture

Appeal (case Stated) From District Court Via High Court to Supreme Court / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether a District Court order prohibiting entry under s.26(4) Gas Act 1976 continues to bind a party after that party acquires a co-ownership interest in the land
  2. 2 Whether acts of entry and site investigation by Shell after acquiring a share in the commonage constituted contempt of the 2007 Prohibition Order

Ratio Decidendi

The 2007 Prohibition Order, made under s.26(4) Gas Act 1976, continued to prohibit Shell from entering the Rossport Commonage for site investigations until it was vacated, regardless of Shell's subsequent acquisition of a co-ownership share. Shell's entry and investigative acts constituted contempt of court as they breached the order, which remained valid and binding until formally vacated. The High Court erred in holding otherwise.

Court Disposition

Appeal allowed

Orders

  • High Court's answer to question (a) set aside and answered in the affirmative: the order continued to prohibit entry for statutory purposes after acquisition of co-ownership until vacated.
  • No order as to costs in the High Court.