Supreme Court to hear contempt of court appeal in Co Clare
The McDonaghs, a Traveller family, moved to a site at Cahercallamore, Ennis, Co Clare in August 2018 and built a roadway and courtyard in what had been an orchard, in breach of planning laws. Clare County Council obtained a High Court injunction in 2019 requiring them to vacate, and in August 2021 Michael McDonagh and Bernard McDonagh Snr were found in contempt of court, after which Michael left the site. Mr Justice Heslin made attachment orders against John and Jim McDonagh for contempt, though the council undertook not to act on them until the Supreme Court appeal. The Supreme Court has now agreed to hear the McDonaghs' appeal on the proportionality of the vacate order, to be heard in October.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court23 Sep
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- The McDonaghs built a roadway and a courtyard in what had been an orchard, in breach of planning laws.
- Where
- The site is at Cahercallamore, Ennis, Co Clare.
- When
- The McDonaghs moved to the Cahercallamore site in August 2018.
- In court
- Clare County Council obtained a High Court injunction in 2019 requiring the McDonaghs to vacate the site.
- The Court of Appeal upheld the High Court's decision in November 2020.
- Michael McDonagh and Bernard McDonagh Snr were found in contempt of court in August 2021.
- Mr Justice Heslin made attachment orders against John and Jim McDonagh for contempt of court.
- The council gave an undertaking not to act on the attachment orders until the Supreme Court appeal in October.
- The Supreme Court agreed to hear the McDonaghs' appeal on the proportionality of the vacate order.
- Other details
- John McDonagh was not living on the site but his mobile home remained there.
- None of the McDonaghs were present in court; Traveller representative Heather Rosen spoke on their behalf.
12 statements extracted from the articles
- whatThe McDonaghs built a roadway and a courtyard in what had been an orchard, in breach of planning laws. (irishtimes.com)
- whatJohn McDonagh was not living on the site but his mobile home remained there. (irishtimes.com)
- whenThe McDonaghs have been on the Cahercallamore site since 2018. (irishtimes.com)
- whenThe McDonaghs moved to the Cahercallamore site in August 2018. (irishtimes.com)
- courtThe Supreme Court agreed to hear an appeal by the McDonaghs against the order to vacate local authority lands in Co Clare. (irishtimes.com)
- courtClare County Council obtained a High Court injunction in 2019 requiring the McDonaghs to vacate a site at Cahercallamore, Ennis. (irishtimes.com)
- courtThe Supreme Court said the case raised a question of public importance concerning the proportionality of the decision. (irishtimes.com)
- courtMichael McDonagh and Bernard McDonagh Snr were found to be in contempt of court in August 2021. (irishtimes.com)
- courtMichael McDonagh subsequently left the site and the attachment and committal orders against him were not applied. (irishtimes.com)
- courtMr Justice Mark Heslin made attachment orders against John and Jim McDonagh for contempt of court. (irishtimes.com)
- courtThe council gave an undertaking not to act on the attachment orders until the Supreme Court appeal in October. (irishtimes.com)
- courtNone of the McDonaghs were present in court; Traveller representative Heather Rosen spoke on their behalf. (irishtimes.com)
The reporting
newest first- 23 Sep2021Supreme Court to hear appeal against order requiring Traveller family to vacate lands
Supreme Court granted permission to hear the McDonaghs' appeal on the proportionality of the council's order to vacate. At a High Court hearing, Mr Justice Heslin made attachment orders against John and Jim McDonagh for contempt, but the council undertook not to act until the Supreme Court appeal in October. Michael and Bernard McDonagh Snr had been found in contempt in August 2021; Michael subsequently left the site.
accused, female, irishaccused, Bernard McDonagh, male, named, irish (judged from name)Bernard McDonaghaccused, Michael McDonagh, male, named, irish (judged from name)Michael McDonaghaccused, John McDonagh, male, named, irish (judged from name)John McDonaghaccused, Jim McDonagh, male, named, irish (judged from name)Jim McDonagh