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Hello all

Members of the list might recall my previous messages about an interesting Irish claim of unjust enrichment by wrongdoing.

That message concerned Dun Laoghaire-Rathdown Co Co v Shackleton (High Court, 23 January 2002).

The applicant had argued that if the Flood Tribunal - which was investigating the circumstances in which the land was rezoned - found that the rezoning had come about as a result of improper financial contributions, the payment of any compensation would amount to the unjust enrichment of the landowners. In the High Court, O'Sullivan J granted an interlocutory injunction to the applicant - pending the final report of the Flood Tribunal - restraining the first named respondent from proceeding with an arbitration to determine the amount of compensation payable by the applicants in respect of their compulsory acquisition of the landowners' property. The respondents announced that they would appeal.

The Supreme Court has recently allowed the appeal (17 June 2002, ex tempore).

In Keane CJ's view, the plaintiff had failed to show that there was any case at all to be tried between the parties. Any claim of unjust based on the possible outcome of a tribunal sometime in the future was too vague.

Eoin.

EOIN O'DELL BCL(NUI) BCL(Oxon)
Editor, Dublin University Law Journal.
Barrister, Lecturer in Law, Trinity College, Dublin 2, Ireland.
(353/0 1) 608 1178 (w) 677 0449 (fx)
(All opinions are personal. No legal responsibility whatsoever is accepted.)