McCann v Furlong (Approved) [2024] IEHC 559 (27 September 2024)
Applicant is entitled to recover legal costs from respondent under section 3(2) of the EMP Act 2011, having been entirely successful in enforcement proceedings and obtaining relief due to respondent's unauthorised development.
- Citation
- [2024] IEHC 559
- Parties
- Applicant: Stephen McCann; Respondent: Patrick Furlong
- Jurisdiction
- Ireland
- Judgment Date
- 27 September 2024
- Procedural Posture
- Circuit Appeal / Supplemental Judgment on Costs
- Outcome
- Costs awarded to applicant against respondent
- Legal Topics
- Enforcement Proceedings, Legal Costs, Unauthorised Development
Case Brief
Summary, issues, holding and outcome
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Parties
Stephen McCann
Applicant
Patrick Furlong
Respondent
Procedural Posture
Circuit Appeal / Supplemental Judgment on Costs
Legal Issues
- 1 Entitlement to legal costs under Part 2 of the Environment (Miscellaneous Provisions) Act 2011 for successful applicant in planning enforcement proceedings
Ratio Decidendi
Applicant is entitled to recover legal costs from respondent under section 3(2) of the EMP Act 2011, having been entirely successful in enforcement proceedings and obtaining relief due to respondent's unauthorised development.
Court Disposition
Costs awarded to applicant against respondent
Orders
- Respondent to pay applicant's legal costs incurred in both Circuit Court and High Court, including reserved costs, written submissions, court listings, and affidavits.
- Quantum of costs to be taxed by County Registrar if not agreed.
Full Case Text
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