Courts / Clare / Report

Traveller accommodation row opens before High Court

Date
2019-06-19

Stage
Hearing Or Decision

Primary locality
Ennis

County
Clare

Summary

The High Court has been asked to consider a dispute between Clare County Council and Bernard and Helen McDonagh over the Ashline site on Kilrush Road, Ennis. The McDonaghs say they have a tenancy at the site, having moved their caravans there in November 2017, and that the council wrongfully breached that tenancy by surrendering it in 2012 after a fire. They argue the council failed to fulfil its statutory duties to provide Traveller‑specific accommodation and that it acted without political will or funding. The council, represented by James Connolly SC, counters that the McDonaghs unlawfully moved their caravans onto the site after the council removed bollards, and that the site was unsafe and uninsurable after arson attacks. The council seeks possession of the land and a permanent injunction preventing the McDonaghs from using the site, and also seeks orders to remove them from other Ennis locations deemed unsuitable.