Galway County Council must pay €2,000 in damages to Edward McDonagh after the High Court found that it unlawfully destroyed his horse, Chief of Colours.
In a judgment delivered on 1 November 2019, Mr Justice Garrett Simons held that the council’s destruction of the horse amounted to trespass to goods. The court had ruled in an earlier judgment that the destruction was unlawful. The damages judgment addressed liability and the amount payable.
The council seized the horse on 11 February 2018 and detained it for several weeks. It destroyed the animal on 13 April 2018 after making a demand for €3,129.68 in charges. The court had already found that demand invalid because it included charges not set out in the applicable bye-laws. The judge said the council had failed to meet a statutory condition for destroying the horse.
The council argued that public policy should protect authorities from damages claims that might hinder their work, and that the relevant statutory powers served the public generally. It also challenged the use of judicial review to pursue damages and disputed whether McDonagh had proved ownership.
The judge rejected those arguments. He found that damages for the direct destruction of property would not require the court to second-guess policy choices or resource allocation. The destruction was a direct interference with possession, and the council could not rely on statutory authority after acting outside the law. The court also found that judicial review rules permitted a damages award in the proceedings. McDonagh proved ownership through his evidence and the horse’s registration documents.
McDonagh had received written valuations of €35,000 and £1,500, but neither valuation was supported by evidence from its author. The council’s valuer put the horse’s value at €1,500. Taking account of the possibility of private sales and the inconvenience caused, the judge awarded €2,000. He declined to award aggravated damages, finding no bad faith. He also rejected the council’s argument that McDonagh’s alleged failure to prevent the horse straying contributed to the unlawful destruction. Although McDonagh did not hold a horse licence, no criminal proceedings had been brought against him, and that did not automatically remove his property rights.
The court said its formal order would quash the council’s decision to destroy the horse, declare the destruction ultra vires, and confirm that no balance was owed for the horse’s accommodation or other detention costs. The judge reserved the question of costs for a further hearing.