Co Monaghan
Anti-Pylon plc -v- Eirgrid plc Neutral
citation number: (2012) IEHC 103.
High Court: Judgment was delivered on March
30th, 2012, by Mr Justice Peter Charleton.
Judgment: An application by the defendant,
Eirgrid plc, for an order for security for costs in an action for damages taken
by Monaghan Anti-Pylon plc was refused on the grounds that special
circumstances arose in the case.
Background: The case arose as a
result of an aborted hearing by An Bord Pleanála concerning the construction of
overhead power-lines on pylons as part of a scheme known as the Meath- Tyrone
400kw interconnector.
County Monaghan
Anti-Pylon plc (initially a committee) was established to oppose this on health
grounds and argue in favour of buried interconnector power-lines. The group
raised about €250,000, most of which it spent on an expert’s report and on
legal representation before the Bord Pleanála hearing. This began on May 10th,
2010, and continued until June 28th. On the 23rd day of the hearing, counsel
for Eirgrid announced that the hearing could go no further as there had been a
mistake in the height of the proposed pylons in the newspaper advertisements
announcing the planning application. The hearing was abandoned and has not
resumed since, although it is expected to. Monaghan Anti-Pylon plc claimed it
had expended most of its funds on this aborted hearing and would be unable to
return to donors seeking money for a fresh hearing. It claimed Eirgrid was
responsible for this loss due to its mistake and the resulting abandonment of
the hearing after 23 days, and it sought the reimbursement of its funds. Eirgrid
sought an order for security of costs against the group to be lodged before the
matter going to trial.
