BAILII
British and Irish Legal Information Institute


Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Supreme Court of Ireland Decisions


You are here: BAILII >> Databases >> Supreme Court of Ireland Decisions >> Byrne & Anor v Abo Energy Ireland Ltd & Ors (Approved) [2025] IESC 27 (05 June 2025)
URL: http://www.bailii.org/ie/cases/IESC/2025/2025IESC27WoulfeJ.html

[New search] [Printable PDF version] [Help]

harp graphic.

AN CHÚIRT UACHTARACH

THE SUPREME COURT

 

Supreme Court Record No. 2023/58

[2025] IESC 27

 

O'Donnell C.J.

Dunne J.

Woulfe J.

Murray J.

Donnelly J.

 

BETWEEN/

 

ELECTRICITY SUPPLY BOARD

                                                                                                               Respondent/Cross Appellant

 

-and-

 

PAUL GOOD

 

                                                                                                                    Respondent 

 

-and-

 

PETER O'REILLY AND ROSE O'REILLY

 

Appellants/Cross Appeal Respondents/Notice Parties

 

 

 

JUDGMENT of Mr. Justice Woulfe delivered on the 5th day of June, 2025

1.      I have had the benefit of reading a draft of the judgment which Murray J. proposes to deliver herein, and I am happy to confirm my agreement with his reasoning and with his conclusions on all issues, other than the constitutional issue. 

2.      As regards the constitutional issue, I have some doubts about the conclusion on this issue arrived at by Murray J., i.e. that a limitation of compensation for the imposition of the rights provided for in s. 53 of the Electricity (Supply) Act 1927, as amended, to exclude losses in the form of devaluation of property by reason of injurious affects experienced by landowners such as the O'Reilly's', would not be constitutionally invalid. 

3.      However, I would prefer to reserve my position on the constitutional issue for a case where it is necessary to decide such issue, and I do not believe it is necessary to do so in the present case. 

About BAILII - FAQ - Copyright Policy - Disclaimers - Privacy Policy amended on 25/11/2010