Department of Agriculture claim dismissed on immunity grounds

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

The Department of Agriculture and Rural Development had a claim against it dismissed by the High Court on 12 October 2016, after the court found it was protected by sovereign immunity.

The case arose from Paul Brady and John Brady’s claim that potato seed supplied to them was inferior to its certification. Mr Justice Noonan held that the department was performing governmental functions as an agent of a sovereign state and administering the seed certification programme publicly, rather than engaging in trade or commerce. The court set aside service of the summons and statement of claim against the department, while the wider action involved other defendants.