A WICKLOW landowner who won a High Court declaration last February that there is no public right of way on his property has been awarded some of the substantial costs of the case, estimated to run into six figures.
Mr Justice John MacMenamin criticised a lack of common sense on the part of some of those involved in the case, concerning a 500m route across Joseph Walker’s property at Annacrivey, Enniskerry.
The judge ruled yesterday Mr Walker is entitled to the costs of six days of the 11-day hearing of the action brought by him against two members of the Enniskerry Walkers’ Association – Niall Lenoach and Noel Barry.
The “true duration” of the case was six days, but certain work which should have been carried out in its preparation, including provision of witness statements, had not been done, the judge said.
The judge ruled Mr Walker should pay the costs of two pre-trial injunction motions to Mr Lenoach and Mr Barry. Those costs are to be set against the costs awarded to Mr Walker.
In his judgment yesterday on costs, Mr Justice McMenamin said the two EWA members were motivated by their beliefs in fighting this case, and were advised of the risks but went ahead and fought it.
Their stance was “misguided and misconceived”, he believed. They had asserted a right of way, although that required proof of a number of matters which were not available to them. Arguing the route had been used over a long period was not sufficient, he said.
The judge was critical of Mr Walker for being “less than candid” when making his injunction applications and making allegations against Mr Lenoach, which Mr Walker did not stand over when the case came to full hearing. For that reason, he was awarding the costs of interim and interlocutory injunction motions against Mr Walker, the judge said.
The judge reiterated observations made in his main judgment last February to the effect the costs of the case could be ruinous for the unsuccessful parties.
“There is a limit to what a court can do to protect people when they act against their financial interests or when they engage in litigation, having been warned as to those potential risks,” he pointed out.
He had hoped matters might be resolved on a more amicable basis.