Enniskerry Walkers lose High Court case, must pay costs

Donny5

I just saw this on the RTÉ News site:

Co Wicklow walkers must pay costs after High Court case on right of way dispute

A judge has made an award of costs for six days in the High Court to the plaintiff in a controversial case involving a walking group in Enniskerry, Co Wicklow.

Mr Niall Lenoach and Mr Noel Barry, who are chairman and secretary respectively of a local walking association, initially took a case against landowner Joseph Walker.

They were attempting to prove that there was a public right of way on Mr Walker’s property.

However they lost the case, with Mr Justice John McMenamin ruling that the route in question is not a public right of way.

The judge ruled that the defendants in today’s case relating to costs will be entitled to the costs of the interim and interlocutory motions pre-trial. There will be a set-off of the defendants’ costs against the plaintiffs.

Giving his ruling, Mr Justice McMenamin criticised both parties and said he did not see evidence of much common sense in this dispute from either party.

“On the scale of things, I am afraid the defendants showed much less common sense in pursuing a case which would be pursued by political action rather than through the courts,” the judge said.

The High Court case had lasted a total of 11 days.

I had seen the Keep Out sign up in Enniskerry where this dispute was a while back and had kept an eye on it. The Judge seems to have had the most astute take on this, that it wasn't a matter for the courts given the current legislative status of Rights-of-Way. Still, it's a shame access has been lost and doesn't bode well for other Rights-of-Way.

Anyone know the walking club or farmer, and have any insight as to how this got started?

Mickeroo

I wasn't aware that there are any public rights of way in Ireland, the walking trails are all there through access agreements with landowners I thought.

Donny5

Mickeroo wrote: »

I wasn't aware that there are any public rights of way in Ireland, the walking trails are all there through access agreements with landowners I thought.

There definitely are private rights of way, in that they exist in law, but they're a bit confusing.

Mickeroo

Donny5 wrote: »

There definitely are private rights of way, in that they exist in law, but they're a bit confusing.

I see, from that it sounds to me like you are allowed cross private land if you need to get to the other side so to speak, like say if you came down off a mountain and had to cross a field to get to the road.

sirbob

the hole problem with rights of ways over here is the few no it alls who decide to lecture farmers and land owners about there rights and crap most farmers i no have no problem with people crossing der land as long as they dont leave gates open dont annoy the live stock, when the told to get out just apoligise and get out an firstly if possible ask permission even if im half way acroos the farm i like to ask the farm if its ok to continue if i see him

landsleaving

Donny5 wrote: »

Anyone know the walking club or farmer, and have any insight as to how this got started?

A book was published in 2002 with 10 routes in the area, one of them crossed the land of Joseph Walker, who wasn't happy with the route being used for hillwalking. The walking group said they'd been using it for years, and so it ended up in court after mediation failed.

I made a mini-documentary about it in college and pretty much everyone I talked to said the law is really outdated, the judge even repeatedly said it in this case. The only people who didn't want the law changed were the Irish Farmers Association, but they still said mediation was a better solution.