Taylor v Monaghan County Council

• Jurisdiction: Ireland
• Judge: Mr. Justice Parke
• Judgment Date: 01 January 1981
• Neutral Citation: 1978 WJSC-HC 4095
• Date: 01 January 1981
• Court: High Court

1978 WJSC-HC 4095

HIGH COURT ON CIRCUIT

NORTHERN CIRCUIT - COUNTY OF MONAGHAN

TAYLOR v. MONAGHAN COUNTY COUNCIL

NOEL TAYLOR

Applicant/Respondent

v.

MONAGHAN COUNTY COUNCIL

Respondents/Appellants

1 Monday 17th November 1980 Mr. Justice Parke

Mr. Justice Parke

2 This is an application for compensation for criminal injury to property in respect of the destruction by fire of the residential and business premises belonging to the applicant at Market Place in the town of Monaghan on the 12th February, 1978 or early on the following morning.

3 The amount of compensation has been agreed at £46,500, and the only issue for me to decide is whether the burning was malicious.

4 In view of the number of witnesses, both lay and expert who gave evidence on the hearing of the appeal I considered it proper to reserve my judgment. Having now considered all this evidence, I have come to the conclusion that the County Council's appeal should be allowed and the order of the learned Circuit Court Judge should be reversed. I should say that the Circuit Court Judge had not the benefit of certain evidence which was available to me.

5 The main facts are not in dispute. The source of the fire can be identified as a recess under the stairs on the first floor containing household rubbish including newspapers and curtain material. There was no evidence whatsoever of any attempt to enter the premises unlawfully, or of the presence of any unauthorised persons on the premises. Unfortunately, one of the residents in the premises, a Mr. Little, has since died. By the accounts of other people present at the time of the fire his conduct at the time was, to say the least of it, unusual. He made a statement to the Gardai after the fire, but I was obliged to exclude it from...