Restitution Discussion Group Archives
| Sender: |
Eoin O'Dell |
| Date: |
Thu, 2 May 2002 18:27:43 +0100 |
| Re: |
Unjust Enrichment, Irish Style - The Appeal |
Hello all
From today's Irish Times, by way of follow up to my
message in January under the above heading bringing the attention
of the list to an interesting claim of unjust enrichment by wrongdoing;
it seems that there is to be an appeal:
__________ Begin Extract __________
Jackson Way to appeal bar on €116m claim A property company under investigation by the Flood tribunal
is to take its battle for a €116 million land compensation claim to the
Supreme Court.
Jackson Way Properties has decided to appeal a decision
by the High Court to prevent the company's claim for compensation from
Dún Laoghaire / Rathdown County Council being heard by an arbitrator.
The claim, which relates to the compulsory acquisition
of land for the construction of Dublin's South-Eastern motorway, is unlikely
to be heard until the tribunal completes its investigations into Jackson
Way.
The tribunal is examining allegations that Jackson Way
paid money to county councillors in connection with the rezoning of its
land at Carrickmines in south Dublin in the early 1990s. The previous
owner of the land, Paisley Park Investments, is also alleged to have paid
money.
Jackson Way denies the bribery allegations.
Tribunal lawyers have experienced great difficulty in
establishing the ownership of the two companies and told an earlier court
hearing of their belief that both companies share the same Irish owners.
The council argued in the High Court in January that,
if these allegations were proved, Jackson Way's claim and any award made
on foot of it would constitute "unjust enrichment" of the company.
The 106-acre parcel of land now owned by Jackson Way
was originally sold by two farmers for £540,000 in 1988. Jackson Way's
current compensation claim relates solely to 22 acres which were acquired
for the motorway. The company's claim includes €24 million for the land,
€60 million for "injurious affection" and €7.62 million for "disturbance".
__________ End Extract __________
Eoin.
EOIN O'DELL BCL(NUI) BCL(Oxon)
By Paul Cullen
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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