Court of Criminal Appeal

Damages awarded for wind turbine noise nuisance as court declines aggravated and exemplary damages claims

By: Decisis

The High Court awarded substantial general damages and property devaluation compensation to two sets of plaintiffs who suffered from prolonged and intrusive wind turbine noise (WTN) at their rural homes, finding that the defendant's operation of a wind farm caused a serious nuisance during night and quiet periods. The court ordered €10,000 per year in general damages to one homeowner, €18,500 per year to her former partner (up to his departure from the property), and €7,500 per year to each of the second set of plaintiffs. Additional compensation was awarded for the diminished sale price of one property (€55,000) and a 'stigma' reduction in the value of the ongoing residence (€30,000), reflecting ongoing obligations under the court's abatement order requiring engagement with the wind farm operator. Claims for aggravated and exemplary/punitive damages were refused, as the defendant's behaviour, while unneighbourly and careless, did not meet the threshold for outrageousness. The court clarified that damages for psychiatric injury, relationship breakdown, and ongoing/future accommodation losses were not recoverable as they were not reasonably foreseeable consequences of the nuisance.

Application to amend defence in alleged mishandling of sexual offences investigation granted despite delay

By: Decisis

The High Court granted the State defendants' application to amend their defence in ongoing proceedings concerning alleged mishandling of a sexual offence investigation involving the plaintiff as a minor. The court allowed the addition of three preliminary objections: (1) lack of authorisation from the Personal Injuries Assessment Board for personal injuries claims, (2) reliance on statutory limitation periods (statute-barred claims), and (3) the argument that the claim for constitutional damages was not independently sustainable. The ruling was based on a finding that the late introduction of these defences did not cause prejudice to the plaintiff, as any limitation or authorisation issues would have existed regardless of the timing of the amendment. The court noted particular deficiencies in the plaintiff's pleadings, especially the lack of clarity regarding the specific causes of action against the State defendants.

Tenant refused injunction to regain offices after failure to pay rent

By: Decisis

The High Court refused an application by a tenant company for an interlocutory injunction requiring joint receivers to return possession of three office properties following re-entry for non-payment of rent totalling over €3 million. The court found that the leases, executed by the same individual for both landlord and tenant, clearly set out the rent due and rejected the tenant’s novel arguments—including claims that 'rent equals interest', alleged unconscionable pressure to increase rent, insufficient notice of repossession, and misappropriation of business by the receivers—as lacking credible evidence or legal merit. The court held that there was no fair issue to be tried, and in any event, the balance of justice weighed heavily against granting the injunction, especially since the tenant failed to offer full payment of the arrears or a commitment to meet future rent, and had a precarious financial position. The relief sought was also mandatory, which the tenant had not established a strong case to justify.

The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.

Register Now

Ad4

Court of Criminal Appeal

Damages awarded for wind turbine noise nuisance as court declines aggravated and exemplary damages claims

Application to amend defence in alleged mishandling of sexual offences investigation granted despite delay

Tenant refused injunction to regain offices after failure to pay rent

New Judgments

Login

ABOUT US

Contact Us