Gabriel A. Toolan of WP Toolan and Sons Solicitors in Leitrim, instructing Frank Martin BL, brought the application before Judge Sarah Berkley at the District Court Appeals sitting of Cavan Circuit Court.

The initial case was struck out back in December 2023 by Judge Raymond Finnegan when no order as to costs was made. But in the interim, the Circuit Court heard that Mr. Toolan, representing Charles (Charlie) Dolan of Gubaveeny, Blacklion, brought the matter of costs to the Supreme Court for consideration.

Mr. Dolan had been charged by Inland Fisheries Ireland (IFI) with two counts in respect of alleged interference with a fishing spawning ground at Moneen, in the townland of Teebane, on September 20, 2021.

The case was first listed for hearing before Judge Susan Fay in October 2023 when the IFI purported Mr. Dolan, a farmer, had “damaged the bed” of a spawning stream. The defence indicated that Mr. Dolan was entitled to carry out work in the course of protecting his own land from flooding.

The court heard Mr. Dolan had used an excavator to remove “material,” including large boulders, from the stream. These had been swept down by strong currents following heavy rain in the area the month before.

Mr. Martin stated to Judge Berkley that Mr. Toolan, on behalf of Mr. Dolan, had presented a “complete defence” of the allegations. It was then put back to December for additional submissions.

However, a letter was received informing Mr. Toolan that the IFI were “withdrawing the prosecution.”

Mr. Martin said the defence had come at “enormous expense,” which included seeking an engineering report. He added that a prosecution of such nature could have had “significant consequences” for Mr. Dolan had he been convicted.

“Not good enough”

It was “not good enough” that the defence was not entitled to costs. Shane P. Geraghty BL, instructed by solicitor Jacquie Maloney, said that the prosecution had been conducted with “diligence” and on a “bona fide” basis after an IFI official witnessed Mr. Dolan removing material from the stream using an excavator.

“There was no agreement” to allow Mr. Dolan to carry out the digging, and Mr. Geraghty said the defence engineer’s own report accepted the farmer “should have put the IFI on notice” beforehand.

Summonses were issued in March 2022, and Mr. Geraghty said the prosecution had almost a dozen witnesses, including officials from Coillte prepared to testify.

He informed Judge Berkley, when asked why the prosecution case was withdrawn, that “further consideration” was given and there was an unwillingness to allocate any further resources to the matter.

“I’m very surprised to hear that. I don’t think that’s an adequate reason,” remarked Judge Berkley, who suggested that the prosecution should have written to the President of the District Court to seek a special hearing date.

She awarded costs to the defence, taxed on default of agreement.

When asked by Mr. Geraghty whether she would refer the awarding of costs back to the District Court, Judge Berkley asked incredulously: “Are you really asking me for another day out?”

She said she was certain there had been attempts to address this in the background, but she was not willing to refer it to a different court sitting for “another hearing date.”

Credits to: www.anglocelt.ie

The post Defence Awarded Costs in Fisheries’ Case appeared first on WP Toolan & Sons Solicitors.

An application was made by solicitor Gabriel Toolan, on Adam’s behalf, to adjourn the inquest. He said Mr Mitchell wants to explore why there have been no prosecutions taken in the case. The inquest heard a decision was made by the DPP not to press charges against the driver of another vehicle. Mr Toolan said Adam was going to formally seek copies of the reasons for no prosecutions – and he said that decision may be appealed. Mr Toolan said the DPP’s decision was troubling to Adam, having regard to what he said was the preponderance of evidence available.

Read More here: https://www.shannonside.ie/news/brother-of-motorcyclist-who-died-in-a-crash-near-ballinamore-raises-questions-about-case-248478

The post Brother of motorcyclist who died in a crash near Ballinamore raises questions about case appeared first on WP Toolan & Sons Solicitors.

They claim unauthorized structures were erected, obstructing traditional rights of way and potentially triggering erosion in a designated “European site.” Legal proceedings target Liam and Paul McDevitt of Knather Acquisitions Unlimited, alleging obstruction of public right of way and violation of planning laws.

The second set of actions involves Midge Hotel Holdings Limited, owners of Lake House Hotel, accused of conducting extensive construction without permissions, despite enforcement notices. Solicitor Gabriel Toolan and Michael O’Donnell BL represent the plaintiffs, with the cases scheduled to return to court in early October.

Read More here: https://app.legalrss.ie/

The post High Court Challenge Taking Against Hotel Works in Donegal That Are Allegedly Environmentally Damaging appeared first on WP Toolan & Sons Solicitors.

Anthony Cull, Castlefore, Keshcarrigan, Co Leitrim suffered a shoulder dislocation and muscle injuries after he was attacked and struck with force by the animal while cleaning a pen on February 2 at the farm in Keshcarrigan.

He attended Sligo University Hospital and was treated for his injuries.

He was discharged on February 7 but collapsed at home two days later and returned to the hospital on February 9.

On this second occasion, he was not given a CT pulmonary angiogram which would have shown up the presence of blood clots in his lungs and would have “in all likelihood averted the tragedy of his death.”

He was discharged home after two hours.

After again becoming unwell at home, Mr Cull returned to the hospital for a third time.

On attending the emergency department on February 14, he was seen by a consultant in emergency medicine and it was arranged for him to have an urgent CT scan which confirmed he had a pulmonary embolism. It was a very large saddle embolism which has a very high mortality rate.

He was administered a “clot buster” drug. Despite treatment he became more unstable and had a cardiac arrest. He did not respond to resuscitation and he was declared dead at 4.08pm.

An autopsy report found that Mr Cull had died from bilateral pulmonary emboli and congestion in both lungs following on from an injury received from a bull while working on a farm.

Anthony’s parents Gerard and Dympna, sister Nicola, and best friend Kevin Scollan were present at the hearing.

Speaking after the inquest, Gabriel Toolan, solicitor acting for the Cull family, said it was “just unthinkable that something of this magnitude could have happened.”

Mr Toolan said lessons seem to have been recognised and protocols implemented which is a source of some solace to the family, “but obviously nothing can replace or substitute the intense loss and grief the family have experienced over the past four years.”

Read More: https://www.leitrimobserver.ie/

The post Medical misadventure verdict in tragic death of young Leitrim farmer appeared first on WP Toolan & Sons Solicitors.

In a judgement of the High Court on June 16, 2021 in the case of Sweetman -v- An Bord Pleanála (No. 1) Mr Justice Humphreys granted certiorari, quashing the decision of An Bord Pleanála permitting Bord na Móna to construct a Wind Farm Development consisting of 24 turbines which were to be 185 metres high at Derryadd in South Longford.

A 2nd judgement was made by Mr Justice Humphreys on October 26, 2021 where he indicated that he accepted that there were points of exceptional importance arising from his initial judgement made in June.

The planning application had been lodged by Bord na Móna on the basis that permission for the development was sought using the concept of a “design envelope.” What this meant was that exact plans and specifications of the proposed development were not produced but rather indicative or typical plans. The Court had indicated that it had grave concerns regarding an open-ended application.

In this 2nd judgement Mr Justice Humphreys stated that he accepted that a certain limited flexibility could be allowed so long as no genuine planning issue was created thereby. The Judge rejected the fact that other applications may have been prepared on a similar basis and stated that this does not have a bearing on the question of how the regulations are to be interpreted.

The Judge indicated that a completely open-ended permission at one end of the scale goes far beyond what is necessary or appropriate and he stated, “indeed it makes very little sense.”

This decision by An Bord Pleanála not to appeal the matter further was then followed by Bord na Móna who, as a notice party would have been entitled to stand in the shoes of An Bord Pleanála and appeal the issues arising, has now likewise decided not to appeal the matter.

Mr Sweetman, represented by Mr Peter Bland Senior Counsel, Mr Michael O’Donnell BL and Mr Gabriel Toolan of Walter P Toolan & Sons Solicitors, High Street, Ballinamore, County Leitrim were awarded their costs in relation to the case.

Read More here: https://www.longfordleader.ie/news/home/745093/planning-permission-for-massive-longford-wind-farm-decisively-refused.html

The post Planning permission for massive Longford wind farm decisively refused appeared first on WP Toolan & Sons Solicitors.

The decision of An Bord Pleanála and Bord na Móna to not appeal the refusal of the Derryadd development means the proposed 24 turbine development won’t be going ahead.

A spokesperson for the No to Derryadd Wind Farm Community Group said the news comes following ‘several years of talks, meetings, public information events, evidence gathering, early mornings, late nights and countless lost weekends with our families, whom we thank for their patience throughout’.

The spokesperson continued, “We would like to thank those in the local communities who supported and donated to these efforts and likewise those outside of these communities who offered their support and advice throughout this time.

“We also wish to show our appreciation to organisations, such as, Birdwatch Ireland, The Irish Wildlife Trust, The Golden Eagle Trust and the I.S.P.C.A who seen the importance of these lands for wildlife, species of conservation and their ability to answer many of the current declared Government emergencies, such as the climate and biodiversity emergency.

“We owe a special gratitude and congratulations to Mr Peter Sweetman for bringing the Judicial Review and his vast knowledge around planning and environmental issues and to Walter P. Toolan & Sons, (Gabriel Toolan) for their professional and legal expertise on this matter. They brought a wealth of knowledge and expertise to the field and it was greatly appreciated.

Read More here: https://www.longfordleader.ie/news/

The post Longford wind farm opponents praise expertise of Peter Sweetman and Gabriel Toolan appeared first on WP Toolan & Sons Solicitors.

The order was made by Mr Justice Anthony Barr after he was told that An Bord Pleanála had consented to quashing the permission it granted in September 2019 for a new poultry house and ancillary facilities at Brownhall Demense, Balla, Castlebar.

The board’s decision to give the poultry farm the go-ahead was challenged by Michael O’Connor from Brownhall, Balla, Castlebar, who lives beside the proposed development.

The court heard on Tuesday that the board had also agreed to pay Mr O’Connor’s legal costs.

Permission was granted to Noel and Ann Mulhern, principals of the wholesale egg producers West-a-Wake Eggs.

The proposed chicken farm was designed to house 12,000 laying hens with access to an open range.

Mayo Co Council refused permission and the board’s own inspector also recommended refusal.

However, the board decided to approve it, Mr O’Connor claimed.

In his judicial review proceedings Mr O’Connor, represented by James Devlin SC, Margaret Heavey BL instructed by solicitor Gabriel Toolan, objected on grounds including noise and odour nuisance, groundwater pollution and the risk of disease to his lands from intensive poultry farming.

Read more: https://www.irishtimes.com/business/

The post Court makes order quashing permission for Co Mayo poultry farm appeared first on WP Toolan & Sons Solicitors.

The action has been brought by Mannix Coyne and his daughter Amy Coyne, who live at Bracetown, Clonee, Co Meath, close to the 24.5-hectare site where permission has been given to allow EngineNode Ltd build a data centre.

At the High Court on Wednesday, Mr Justice Garrett Simons, granting them permission to bring their judicial review proceedings, said the case raised important points of domestic and EU law.

The proposed centre includes four two-storey data storage buildings, offices as well as associated roads and a car park. If constructed it is claimed that the centre will require of 180 megawatts of electricity per year and will generate an estimated 1 per cent of Ireland’s total annual carbon dioxide emissions.

The Coynes, claim the planning authority’s decision in early July granting planning permission is flawed, invalid and should be set aside.

Represented by barrister Jon Kenny, instructed by solicitor Gabriel A. Toolan, the Coynes claim the decision does not comply with planning regulations, the 2000 Planning and Development Act and the EU Directive on Environmental Impact Assessments.

Read the full Irish Times aritcle here

The post Court grants judicial review of Co Meath data centre plan appeared first on WP Toolan & Sons Solicitors.

The ruling relates to a matter that first came before the courts over 12 years ago. On April 28th 2009 John Matthews, a wildlife ranger with the National Parks and Wildlife Service was involved in an altercation with Gerard Gearty at Cloonart near Roosky, in Co Roscommon.

As a result of complaints made, both men were subsequently prosecuted for assault by the gardaí, acting for the DPP, before the District Court in Leitrim .

However, on the second day of the hearing, before Judge Elizabeth McGrath, the DPP directed that both prosecutions be withdrawn.

At the District Court Mr Matthews’ solicitor, Mr Gabriel Toolan, asked the court to continue with the cases, or adjourn the cases to allow the DPP provide reasons for its decision.

Read the full article in the Irish Times here

The post Supreme Court rules men entitled to costs where prosecutions dropped mid-trial appeared first on WP Toolan & Sons Solicitors.

The ruling relates to a matter that first came before the courts over 12 years ago. On April 28th 2009 John Matthews, a wildlife ranger with the National Parks and Wildlife Service was involved in an altercation with Gerard Gearty at Cloonart near Roosky, in Co Roscommon.

As a result of complaints made, both men were subsequently prosecuted for assault by the gardaí, acting for the DPP, before the District Court in Leitrim .

However, on the second day of the hearing, before Judge Elizabeth McGrath, the DPP directed that both prosecutions be withdrawn.

At the District Court Mr Matthews’ solicitor, Mr Gabriel Toolan, asked the court to continue with the cases, or adjourn the cases to allow the DPP provide reasons for its decision.

The District Court judge struck out both prosecutions and ordered that their costs be paid by the DPP.

After Mr Toolan sent the gardaí a bill of costs, the DPP challenged the District Court judge’s decision regarding costs by way of High Court judicial review.

Both Mr Matthews, who opposed the matter, and Mr Gearty were notice parties to the action.

The DPP successfully argued before the High Court that the rules governing the District Court precluded the judge from making of a costs order against it or any member of the An Garda Síochána prosecuting on the DPP’s behalf.

Read more: https://www.irishtimes.com/news/

The post Supreme Court rules men entitled to costs where prosecutions dropped mid-trial appeared first on WP Toolan & Sons Solicitors.