The High Court has found that All Saints Church of Ireland National School has an equitable easement to use a doorway through the wall behind Mullingar courthouse, but limited that access to school pupils and others with a reasonable reason to visit the school during school hours and terms.
Mr Justice Michael Peart said the route through the courthouse grounds could be prescribed by the Courts Service, taking account of safety and the use of the premises as a courthouse. Access outside school hours or terms may be allowed during other periods if the Courts Service agrees in writing, and that agreement must not be unreasonably withheld.
The ruling followed a dispute over the closure of the doorway in January 2011. The school’s board said an arrangement dating to 1979 had developed into an equitable right of way. The Courts Service maintained that the original permission was a revocable licence and cited safety concerns as courthouse use increased and refurbishment was planned. It had offered a defined, dedicated walkway under an irrevocable licence, but the school did not accept the offer because it did not recognise the claimed easement.
The court found that the 1979 arrangement was intended to let children arriving by larger school bus reach the school through the courthouse grounds. The school had contributed £250 towards the doorway’s construction. The judge concluded that the access had influenced the school’s development at its current site and that equity recognised an easement, while rejecting the school’s claim to an unfettered right to cross the grounds by any route or to use them for vehicle access.
The judge said it was reasonable for the Courts Service to have blocked the doorway while the dispute was unresolved, given its public safety responsibilities. The court had previously refused the school’s application for an interlocutory injunction to reopen access pending the case.
The judgment does not specify the final wording of the declaratory order. Justice Peart invited both parties to make further submissions on its precise terms.