Feehan v Commissioners of Public Works in Ireland

• Jurisdiction: Ireland
• Judge: Mr. Justice Tony O'Connor
• Judgment Date: 05 May 2016
• Neutral Citation: [2016] IEHC 248
• Docket Number: [RECORD NO. 2016/3165]
• Court: High Court
• Date: 05 May 2016

[2016] IEHC 248

THE HIGH COURT

O'Connor Tony J.

[RECORD NO. 2016/3165]

BETWEEN

SEAN FEEHAN

PLAINTIFF

AND

COMMISSIONERS OF PUBLIC WORKS IN IRELAND

DEFENDANTS

Practice & Procedures – Interlocutory injunction – Refusal of renewal of permits – Balance of convenience – Adequacy of damages.

Facts: The plaintiff being the operator of the passenger boats sought an interlocutory injunction to prevent the defendants from revoking two permits which allowed the plaintiff to land his boats onto an island, namely, Skellig Michael. The plaintiff contended that he was denied the opportunity to respond to the letter sent by the defendants informing him of revocation of his permits with immediate effect on the basis of the plaintiff's alleged three pleas of guilty at the concerned District Court in relation to marine offences off Skellig.

Mr. Justice Tony O'Connor refused to grant the interlocutory relief to the plaintiff while taking note of the undertaking given by the defendants for not issuing new permits in replacement of the previous permits held by the plaintiff until the determination of the present proceedings following a plenary hearing. The Court held that before granting an injunction, the Court must determine whether the plaintiff had a strong case and where the balance of convenience lay coupled with the adequacy of damages. The Court found that in the present case, the basis of the refusal of renewal of permits by the defendants to the plaintiff was the safety of visitors on the island The Court observed that the island was private property and that the plaintiff had no legal interest in it, and thus, the plaintiff could not rely on the third party to assert his claim for landing rights on the island. The Court observed that the plaintiff had not established a strong case to succeed. The Court found that since the plaintiff could be compensated by way of damages and if the plaintiff succeeded in the plenary hearing, he could recover the profits which would have accrued to him if he had operated the boats on island, it was appropriate that an interlocutory injunction should not be granted in the present case.

JUDGMENT of Mr. Justice Tony O'Connor delivered on the 5th day of May, 2016

1 This is an application for an interlocutory injunction which was heard yesterday.

2 The plaintiff who operates three passenger boats out of Ballinskelligs, Co. Kerry seeks interlocutory relief preventing the defendants from revoking two permits which allow him to land once a day with not more than twelve passengers on two of his boats onto Skellig Michael between mid-May and mid-September. Skellig Michael was designated a world heritage site in 1996 having long been regarded as a national monument.

3 The plaintiff also uses his boats to provide trips without landing on Skellig Michael for angling, diving, eco harbour visits and whatever customers may specify and can be provided by his business.

4 Murray J. for the Supreme Court in Casey v. Minister for Arts, Heritage, Gaeltacht and the Islands [2004] 1 IR 402 (‘the Casey judgment’) sets out the fascinating history of the island before upholding the decision of the then defendant Minister, in that case to limit the number of permits following discussions with boat owners including the plaintiff.

5 Without prejudice to the plaintiff's rights at the plenary trial of these proceedings to challenge the chain of authority vested in the Minister for Finance who gave letters of consent in 1997 and 1999 to the defendant to manage and control Skellig Michael, the plaintiff through counsel did not rely on any potential challenge in this regard for the purposes of this application.

6 The principal issue relied upon by the plaintiff for establishing a fair or serious issue to be tried at the plenary hearing arose from the notification of the plaintiff by letter from the defendant dated 21st January, 2016 that each of the two permits for his boats to land visitors on Skellig Michael were revoked with immediate effect while a public competition for his two permits will be conducted. The plaintiff emphasises that he was not given any opportunity to address matters and particularly the reference in that letter to the alleged link between the plaintiff's three pleas of guilty at Cahirciveen District Court in September, 2015 and the provision of a...