R (Butler) v Navan UDC

 
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H. C., S. C.,
R. (Butler)
and
Navan Urban District Council

Retaining wall of burial-ground adjoining highway collapsing -Debris falling on highway - Nuisance - Dispute as to liability for rebuilding wall - Ratepayers applying for the writ - Enforcement of a private right and not of a public duty - Amendment of conditional order on appeal - Practice - No demand for performance of public duty - Discretion of the Court - Discharge of conditional order.

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