Courts / Clare / Report
Supreme Court strikes down injunction requiring Traveller family to vacate council land
Summary
In a 2022 Supreme Court decision, a mandatory interlocutory injunction that had forced the McDonagh family and their relatives to vacate council-owned land at Cahercallamore, Ennis, was struck down. The injunction, originally granted by the High Court in 2019 and upheld by the Court of Appeal in 2020, had required Bernard and Helen McDonagh to leave the land immediately pending a full hearing. The Supreme Court, hearing the appeal, ruled that the injunction was not justified. The court noted that the McDonaghs had lived in the area since 1998, first at a traveller development called Ashline, then in rented accommodation, and finally moved their caravans onto the disputed land in 2017. The council had claimed unlawful occupation and unauthorized development, citing the 2000 Planning and Development Act. The court highlighted the vulnerability of the Irish Traveller community and the need to balance planning law with cultural rights, concluding that the injunction was disproportionate and should not be enforced.
Who, what, where, when and why
What: Report matter: Supreme Court strikes down injunction requiring Traveller family to vacate council land. Procedural stage: appeal
When:
- 1998 and 2012 Other
- 2022-01-31 Publication
Why: The force of that protection "is greatly diluted" because there remains a strong presumption in favour of enforcement of planning laws. CNI source report
Places mentioned
- The Supreme Court
- High Court
- Court of Appeal
- Supreme Court
Topics
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