Brennan v Attorney General

JurisdictionIreland
Judgment Date01 January 1983
Date01 January 1983
CourtHigh Court
Brennan
and
The Attorney General
(H.C.)

Property rights -Valuation of agricultural land - Valuation carried out between 1852 and 1866 - No revaluation ever taking place - Valuation determining the extent of liability in respect of certain taxes, and the extent of eligibility for certain benefits - Valuation unrelated to the circumstances of the present day - Whether an unjust attack on property rights - Whether arbitrary and unjust discrimination -Whether legislation, by virtue of its purported amendment in 1961, entitled to the benefit of the presumption of constitutionality - Valuation (Ireland) Act, 1852, (15 16 Vict. c. 63 - Courts (Supplemental Provisions) Act, 1961. (No. 39) -Constitution of Ireland, 1937, Articles 40, 43.

The plaintiffs are members of an unincorporated association of Wexford farmers under the auspices of the Wexford branch of the Irish Farmers Association. As holders of agricultural land the valuation of such land is made by reference to an estimate of the net annual value thereof which in turn was estimated by reference to the average prices of certain agricultural products listed in s. 11 of the Valuation Act, 1852, and which in turn represented an average of prices prevailing from 1849 to 1852. The valuation, known as "The Griffith Valuation" took a period of 14 years to complete for the whole of...

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    ...Trust (1957) 94 I.L.T.R. 161. Blake v. The Attorney General [1982] I.R. 117; [1981] I.L.R.M. 34. Brennan v. Attorney General [1983] I.L.R.M. 449. Buckley and Others (Sinn Fein) v. Attorney General and Another. [1950] I.R. 67. Cityview Press v. An Chomhairle Oiliúna [1980] I.R. 381. Condon v......
  • Browne v Ag
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    • 6 February 1991
    ... ... PAUL BROWNE, PETER HOPKINS AND GEORGE SPICER PLAINTIFFS AND THE ATTORNEY GENERAL, THE MINISTER FOR FINANCE AND THE REVENUE COMMISSIONERS DEFENDANTS ... ILRM 373 PARSONS V KAVANAGH 1990 ILRM 560 CONSTITUTION ART 40.3.2 BRENNAN V AG 1984 ILRM 355 BLAKE & ORS V AG 1982 IR 117 1981 ILRM 34 MADIGAN V AG & ... ...
  • John Grace Fried Chicken Ltd and Others v Catering Joint Labour Committee and Others
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    ... ... AND THE CATERING JOINT LABOUR COMMITTEE, THE LABOUR COURT, IRELAND AND THE ATTORNEY GENERAL DEFENDANTS [2011] IEHC 277 [No. 10663 P/2008] ... Oiliúna [1980] IR 381 , Maher v Minister for Agriculture [2001] 2 IR 139 and Brennan v Attorney General [1984] ILRM 355 considered - Industrial Relations Act 1946 (No 26), ss 42, 43 ... ...
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