Restitution Discussion Group Archives
| Sender: |
Eoin O'Dell |
| Date: |
Thu, 24 Jan 2002 13:32:29 |
| Re: |
Unjust enrichment, Irish style |
From today's Irish Times, an interesting claim of unjust
enrichment by wrongdoing:
"Council gets court order stopping arbitration
Dun Laoghaire-Rathdown County Council has secured a High
Court order preventing an arbitrator from hearing a claim for compensation
by Jackson Way Properties Ltd (JWP). The claim concerns the compulsory
acquisition of some 22 acres of its land for the construction of Dublin's
south-eastern motorway. … In his decision granting the council's application
for an interlocutory order, the judge [O'Sullivan J] said the council
had submitted that the compensation claim, which was predicated on a rezoning
of the lands from agriculture to industrial in the 1998 County Development
Plan, constituted a claim for "unjust enrichment". The basis of that claim
was information made known by the Flood tribunal.
The tribunal had received information that certain monies
were paid to elected members of Dublin County Council by and on behalf
of Paisley Park Investments Ltd and/or JWP to secure the rezoning of land,
including that being compulsorily acquired from JWP, before the 1993 County
Development Plan and the current Dun Laoghaire-Rathdown Development Plan.
… The council had argued that if the allegation of bribery was proved
against JWP, the claim and any award on foot of it would constitute "unjust
enrichment" of JWP. Any such alleged bribery was strongly denied by and
on behalf of JWP."
The full story is at:
http://www.ireland.com/newspaper/ireland/2002/0124/80368433HMCTJWP.html
The Flood Tribunal is investigating political corruption, especially in
relation to planning matters. The Irish Times pages on the tribunal are
at:
http://www.ireland.com/special/tribunals/
The Flood Tribunal's homepage is at:
http://www.flood-tribunal.ie/
EOIN O'DELL BCL(NUI) BCL(Oxon)
Editor, Dublin University Law Journal.
Barrister, Lecturer in Law, Trinity College, Dublin 2, Ireland.
(353/0 1) 608 1178 (w) 677 0449 (fx)
(All opinions are personal. No legal responsibility whatsoever is accepted.)
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