EIRGRID, the Irish electricity system operator and developer, will not pursue Rush Community Council for costs over its failed High Court case regarding the laying of the interconnector in the Fingal village, it has been confirmed.
At the Commercial Court yesterday (Monday), senior counsel advised Justice Michael Peart that both parties had reached agreement on the outstanding costs issue. The judge dismissed the proceedings brought by Rush Community Council Ltd. Welcoming the news, Cllr Ciaran Byrne (Lab) said the news would be a major relief for the community council and the people of Rush. 'Given the fact that the High Court judgement was highly critical of the action brought by the community council it is unlikely than an appeal to a higher court would have been successful, leaving the organisation with the prospect of legal fees running into six figures.
'Payment of such a sum might have jeopardised continued ownership of community assets such as the Community Hall,' he said. In his judgement in the case during the summer, Justice Peart accused Rush Community Council of 'wasting a lot of valuable court time'. He added: ' These proceedings are misconceived and in my opinion have wasted a lot of valuable court time, not to mention I imagine a great deal of money.' He said the action amounted to an ' impermissible collateral challenge to a planning permission granted on the 14th September 2009'.