Appeals have been withdrawn in the case of Pullen & Ors v Dublin City Council, meaning the original High Court ruling will stand. The case examined the summary eviction procedure employed by local authorities to their tenants. Although the law concerning this area was changed in 2014, the High Court judgment remains significant in setting a precedent on the domestic application of the European Convention on Human Right (ECHR) and clarifying the remedies available where the Convention is breached by an organ of the State. The High Court found that the statutory procedure relied on by Dublin City Council was not in compliance with the European Convention on Human Rights Act 2003, as it did not allow tenants to defend against the loss of their family home. The procedure also failed to provide an independent mechanism to adjudicate on the merits of the proposed eviction. The tenants involved in the case were each awarded €20,000 in damages.
The withdrawal of the appeal was welcomed by the Irish Human Rights and Equality Commission (IHREC), which had appeared as amicus curiae in the High Court case and was also due to introduce submissions to the Supreme Court had the case gone ahead. In its submissions prepared for the Supreme Court, IHREC had raised the question of whether there was an obligation on the Court when considering legislation under the 2003 Act, to also consider whether the legislation first complies with Irish constitutional standards. This remains to be determined by the courts. IHREC also highlighted the issue of the interpretation of the 2003 Act by the Court and the remedies provided under the Act.
Click here for IHREC’s statement in response to the withdrawal of the Supreme Court appeal.
Click here Click here for a copy of the Housing (Miscellaneous Provisions) Act 2014 (new eviction procedures).