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No unlawfulness in removal by Waterways Ireland of a sinking vessel
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High Court strikes out an action in its entirety where the plaintiff sought over 50 reliefs concerning the removal, storage and payment of a vessel which had sunk and was causing an obstruction, on the grounds that: (1) there was no unreasonableness or unlawfulness on the part of Waterways Ireland in removing the barge, and there was no basis upon which the plaintiff would be entitled to damages; (2) the interference notices were not legally valid as they were not issued by a navigation authority; (3) there was a lack of evidence to establish a link between the works carried out on the Kildare Town Bypass and the water level reduction in the river; and (4) there is no evidence that the defendant is guilty of any breach of statutory duty or of negligence.
Plenary proceedings – The Canals Act, 1986 – The Water Supplies Act, 1942 - injunctive relief – declaratory relief – damages – barge was unnecessarily removed in bad faith – Waterways Ireland - Waterways Ireland, has statutory responsibility for the management, maintenance, development, and restoration of inland navigable waterways, principally for recreational purposes – interference notices - 50 reliefs sought – the removal and storage of barge - the validity of the interference notices issued by Plaintiff in 2002 - asserted negligence and breach of duty against Waterways Ireland - action struck out in its entirety.
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