Courts / Dublin / Report

High Court delays granting inspection order for historic Tom Clarke house in effort to avoid 'stand off'

Date
2025-02-18
Stage
Hearing Or Decision
Primary locality
Dublin City
County
Dublin

Summary

The High Court has adjourned an application by Dublin City Council for a court-ordered inspection of a Georgian building at 55 Amiens Street, formerly the home of 1916 Rising leader Tom Clarke. The matter, heard before Mr Justice Brian Cregan, was delayed for one week to allow the twelve occupants to discuss the terms of the proposed inspection and to avoid a potential "stand-off" with council staff. Jem Cleaver, the only named defendant among the occupants, told the court that while some residents had no objection to the inspection, others were uncertain, noting that the group deals with matters by consensus. The council seeks to inspect the 1790s property for damages caused by Storm Éowyn or the occupants. Although the occupants have accepted a requirement to vacate the heritage site by May 12, they opposed the inspection, citing privacy concerns and fears of prejudice on housing lists. Counsel for the council, Gavin Mooney SC, stated that no such prejudice would occur. Mr Justice Cregan indicated he was inclined to make an order allowing an engineer and architect to visually inspect common areas, three bedrooms, the roof, and the garden. He criticized the situation where Ms Cleaver had to face the proceedings alone, stating, "There is no reason you alone should be sent out before the fire." The judge invited the other occupants to attend the next hearing to discuss the terms, emphasizing that the proposed order was reasonable.

Who, what, where, when and why

What: Report matter: High Court delays granting inspection order for historic Tom Clarke house in effort to avoid 'stand off'. Procedural stage: hearing_or_decision

When:

Why: An application by Dublin City Council for a court-ordered inspection of a Georgian building that was once the home of 1916 Rising leader Tom Clarke has been adjourned in order to avoid a possible "stand-off" with people occupying the premises. CNI source report

Case subjects

Storm Éowyn

Applicant

Outcome: Mr Justice Cregan adjourned the matter for one week to allow the occupants to discuss the terms of the proposed inspection. "Your colleagues are welcome to come before me next week," Mr Justice Cregan told Ms Cleaver. "There is no reason you alone should be sent out before the fire," he said.

Places mentioned

Secondary Mention
Address Area
  • Amiens Street
Court Venue
  • High Court

Topics

Stage Hearing Or Decision

Related court reports

Read the original CNI report

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