The Court of Appeal has dismissed Michael Hoey’s appeal against the High Court’s decision to dismiss his claims against Waterways Ireland over the removal of a sunken barge and alleged failures to maintain water levels on the Barrow Navigation.
In a judgment delivered on 31 July 2024, Mr Justice Binchy, with whom Mr Justice Noonan and Ms Justice Butler agreed, said Hoey had not identified errors in the High Court judge’s findings or legal analysis. The court considered the issues despite serious shortcomings in the appeal papers, which it said did not clearly set out the grounds of appeal or the alleged errors.
Waterways Ireland removed Hoey’s Barge 43M from the canal near Rathangan on 19 October 2011 and stored it at its New Ross boatyard. The High Court found the barge was sunk, full of water, not in good working order and occupying at least a third of the available channel, with a risk it could slide further into the navigation. Hoey had received a notice requiring him to remove it but did not do so. The Court of Appeal upheld the finding that its removal was lawful under the canal bye-laws. It also upheld the rejection of Hoey’s claim that the mooring area had been designated for his use.
The court rejected Hoey’s claims concerning interference notices he issued to Kildare County Council in 2002 and 2003 over proposed water abstraction. It agreed that Hoey had not established he was a “navigation authority” entitled to issue such notices under the Water Supplies Act 1942. The notices were directed to the council, not Waterways Ireland, and imposed no obligation on the respondent.
Hoey also alleged that various projects, including the Kildare Water Strategy, the Kildare bypass and peat-related works, had reduced canal water levels and harmed his boating business. The appellate judgment noted that the projects were undertaken by third parties and that the High Court found insufficient evidence linking them to a lasting reduction in navigation levels. The High Court had also found that, apart from a leak in 2021, levels were generally acceptable for navigation. The appeal court found no basis to disturb those conclusions.
The High Court had dismissed the proceedings in their entirety. The Court of Appeal dismissed the appeal. On costs, the court gave a preliminary view that Waterways Ireland should recover its costs of resisting the appeal, but allowed Hoey six weeks to file submissions seeking a different order. Waterways Ireland may reply within a further four weeks.