Tag Archives: tort

Reasons, and the reasons for giving Reasons.

Posted on July 24, 2018 by

This is a case report on the Supreme Court judgment of: Kathleen Connelly v. An Bord Pleanala (Clare County Council and McMahon Finn Wind Acquisitions Ltd – Notice Parties) Full judgment here: Kathleen Connolly v ABP Supreme Court . The Parties … Continue reading →

Posted in An Bord Pleanala; appeal; interested parties, High Court; Judicial Review; Appeal on the merits; judicial discretion, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , | 5 Comments

The Courts of Ireland – take 2

Posted on July 2, 2018 by

Many thanks indeed for the loads of helpful comments and suggestions to the first draft of a chapter I am writing which seeks to introduce the Irish legal system to people who know little or nothing about Irish law. I … Continue reading →

Posted in Academic Research; Peer-Review Process; Medical Journals, EirGrid; Insurance; Law; Cancer; EMF, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, Peremptory law; Directory Law; Planning and Devlopment Act of 2000 | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

How do our courts work?

Posted on June 17, 2018 by

  The volume of work at my place of employment has caused me to neglect this blog, for which I apologise. Rather  than simply stopping  blogging, I thought I might combine work and blogging. The piece below is a very … Continue reading →

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The End of the Road – for the CCDG

Posted on February 18, 2018 by

As readers of this blog are well aware, I have for a while now followed the longstanding dispute between the two Declans – Declan McGrath, well-known author and conservationist, and Declan Mulhearne, the Chairperson of the Comeragh Community Development Group … Continue reading →

Posted in Comeragh Mountains; Declan McGrath, EirGrid; Insurance; Law; Cancer; EMF | Tagged , , , , , , , , , , | Leave a comment

Scandal! EirGrid in the Crosshairs.

Posted on January 28, 2018 by

  Ratheniska residents are claiming that they have exposed Eirgrid’s litany of failures and systematic corporate sharp practice.  The Ratheniska, Timahoe, Spink (RTS) Action Group, when briefing Minister Denis Naughten, made a number of extremely serious allegations, which they backed … Continue reading →

Posted in EirGrid; Insurance; Law; Cancer; EMF, RTS Action Group; Ratheniska; Timahoe; Spink | Tagged , , , , , , , , , , , , , , , | 5 Comments

Access to Justice?

Posted on October 16, 2017 by

The Aarhus Compliance Committee has interpreted Article 9 (3) of the Convention to mean that the public must have access to adequate judicial mechanisms in the event of acts and omissions in contravention of environmental law and, secondly, to provide … Continue reading →

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Wind Turbine Noise

Posted on June 12, 2017 by

  A Seminar on ‘Wind Turbine Noise’ . will be held on Friday, 30th June in The Bridge House Hotel, Tullamore, Co Offaly, at 7.30 pm . See also: https://phys.org/news/2014-06-blizzard-turbine-airflow-video.html . PROGRAMME How Wind Turbines Create Infrasound Dr John Yelland … Continue reading →

Posted in Academic Research; Peer-Review Process; Medical Journals, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, lobbying; democracy; political process; general election, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, The Spokes of the Wheel; wind farms; Ireland; Windfall, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

Rust never sleeps … and neither does greed

Posted on June 7, 2017 by

  This is an excellent article by retired Senator John Whelan from Laois. It was first published on 2nd June 2017 in Laoistoday.ie. The emphases are mine.     The king is gone But he’s not forgotten This is the … Continue reading →

Posted in An Bord Pleanala; appeal; interested parties, BSB Community Energy Ltd, Cloud; iCloud; Data Centre; Data Center, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Easter Uprising, 1916 Revolution, Independence, IRA., EU Renewable Energy 2020 Target, Green Party; Ireland; Eamonn Ryan; Cormac Manning, Kilvinane Wind Farm Ltd; substituted consent, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29 | Tagged , , , , , , , , , , , , , , , , , , , , , , | 2 Comments

Energy bills to jump as plans unveiled for ‘massive’ hike in levy

Posted on June 6, 2017 by

This from the Independent:   “Householders and businesses are facing higher electricity costs after the regulator for the sector proposed a massive hike in a levy on bills. The Commission for Energy Regulation has proposed that the public service obligation … Continue reading →

Posted in EU Renewable Energy 2020 Target | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 3 Comments

Suing Windfarms for Nuisance

Posted on April 25, 2017 by

Once again the Aussies take the lead. This is a DIY kit on how to sue windfarms in Aussie, including examples of Particulars of Claim. Clearly these must be changed to reflect Irish law and practice, but it is a … Continue reading →

Posted in BSB Community Energy Ltd, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EIA Directive 2014/52/EU, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Framore Limited, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, Irish Farmers Association; IFA; wind farm contracts, Kilvinane Wind Farm Ltd; substituted consent, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, Wind Farm Contract, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans, Wind Turbines: Esen Fatma Kabadayi Whiting | Tagged , , , , , , , , , , , , , , , | 1 Comment

Clueless!

Posted on November 29, 2016 by

Irish rural communities have been opposing wind farms, and pylons before that, for the better part of a decade. This has involved community groups gathering funds through church collections, cake sales, and the like. There are numerous tales of hardship … Continue reading →

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How the Council Spends Our Money — Citizens Against Corruption

Posted on November 21, 2016 by

Congratulations to the Four Angry Ladies on starting this site, and asking questions that most are too scared to ask. I would ask two more: The link between the Comeragh Community Development Group and BSB Energy has already been established. … Continue reading →

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Enough Already!!!

Posted on November 13, 2016 by

  A certain individual has been going around my community spreading particularly malicious rumours about me. For a while it was a pathetic joke, but it has to stop now.   One of the malicious lies being spread by this … Continue reading →

Posted in Academic Research; Peer-Review Process; Medical Journals, An Bord Pleanala; appeal; interested parties, Apple; Google; Data Centre, Arsin Demir, Çalık Holding; Turkey; EU; renewables, Brexit, BSB Community Energy Ltd, Cloud; iCloud; Data Centre; Data Center, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EIA Directive 2014/52/EU, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Framore Limited, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Green Party; Ireland; Eamonn Ryan; Cormac Manning, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, Irish Farmers Association; IFA; wind farm contracts, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Justine McCarthy; The Sunday Times; EMF, Kilvinane Wind Farm Ltd; substituted consent, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, lobbying; democracy; political process; general election, Ministerial Responsibility; Liability; Negligence; cardiovascular, Ms Justice Costello; Section 37A Planning and Development Act 2000;, North-South Interconnector; An Bord Pleanala, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, Press Freedom, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, Refugees; Apartheid; Kulaks; Stalin;, Section 35; ESB Act 1927; wayleave notice, South Africa, wind turbines, developing nations,, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector, The Spokes of the Wheel; wind farms; Ireland; Windfall, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information, Turkey; ABK Çeşme RES Enerji Elektrik Üretim A.Ş, University Hospital Waterford, Val Martin, Wind Farm Contract, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 9 Comments

Extensive Research on Wind Turbine Noise

Posted on October 5, 2016 by

Government Ministers are constantly bewailing the lack of research, or claiming to be abreast of the latest research, into the damage caused to humans by wind turbine noise.   Jerry Punch and Rick James have finally managed to publish their … Continue reading →

Posted in Academic Research; Peer-Review Process; Medical Journals, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EirGrid; Insurance; Law; Cancer; EMF, Ministerial Responsibility; Liability; Negligence; cardiovascular, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans, Wind Turbines: Esen Fatma Kabadayi Whiting | Tagged , , , , , , , , , , , , | 4 Comments

Ministerial Responsibility and Liability

Posted on October 3, 2016 by

The ongoing scandal concerning the deliberate downgrading of what used to be Waterford Regional Hospital in favour of Cork raises interesting legal questions, particularly regarding the liability of a Minister for the actions of his own department, and in this … Continue reading →

Posted in Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, lobbying; democracy; political process; general election, Ministerial Responsibility; Liability; Negligence; cardiovascular, University Hospital Waterford | Tagged , , , , | 2 Comments

Giant Wind Turbines Collapsing with Alarming Regularity

Posted on December 22, 2015 by

Originally posted on STOP THESE THINGS:
Gravity or some other force at work? **** The number of cases involving collapsing turbines and flying blades (aka “component liberation”) has become so common that, if we were a tad cynical, we would…

Posted in Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EIA Directive 2014/52/EU, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Framore Limited, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning Permission; Extension; Planning and Development Act, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, South Africa, wind turbines, developing nations,, The Spokes of the Wheel; wind farms; Ireland; Windfall, Wind Turbine Syndrome; Professor Alun Evans, Wind Turbines: Esen Fatma Kabadayi Whiting | Tagged , , , , , | Leave a comment