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Bernard and Helen McDonagh lose High Court trespass case

By Eimear Byrne

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Bernard McDonagh and Helen McDonagh lost a High Court trespass case on 10 October 2019, when Mr Justice Allen granted Clare County Council a permanent injunction. The lands were at Ashline, Kilrush Road, Ennis, County Clare.

The judgment found that the couple’s former tenancy had been surrendered and did not entitle them to occupy other parts of the site. Their counterclaim, concerning an alleged promise of housing and the council’s statutory duties, was dismissed.

The court held that the council’s accommodation programme did not promise redevelopment as a Traveller-specific scheme, although the couple would be offered one of the proposed social housing units if the site was redeveloped.

Sources

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