Donegal County Council at centre of landmark Supreme Court hearing

A landmark case being heard in the Supreme Court could see numerous summonses issued on behalf of Donegal County Council being deemed invalid.

It follows an appeal lodged in the wake of a High Court ruling in March 2024, whereby it was deemed that a summons issued by VP McMullin Solicitors was not valid.

Mr Justice Conleth Bradley was ruling on a question of law submitted from Donegal District Court by Judge Sandra Murphy. It relates to an enforcement case being prosecuted by Donegal County Council against Conor Quinn, Conor Quinn, Rossylongan, Donegal Town, represented by solicitor Tom McSharry. 

A summons was issued by VP McMullin on June 8, 2018 alleging that the accused had not complied with an enforcement notice dated November 30, 2017. The enforcement notice served in accordance with the Planning and Development Act 2000 related to an alleged unauthorised development at Croagh, Dunkineely.

In outlining her question to the High Court, Judge Murphy said: “The summons records that the application for its issue was made by VP McMullin Solicitors on behalf of the Prosecutor Donegal County Council.

“At the hearing before Donegal District court on July 26, 2021, the summons was opened and application was made on behalf of the Accused for a ruling as to the validity of the summons on the basis that is specified the name of the person who appalled for the tissue of the summons as VP McMullin.”

The judge adjourned the hearing to allow all parties to make submissions for her consideration.

She then outlined the submissions that were made subsequently, saying “It was submitted on behalf of the accused that VP McMullin is not a legal person being an unincorporated body of persons and that Section 1 of the courts (No 3) Act 1986 as amended by S49 of the civil Liability and courts act 2004, requires application for a summons to be made by a person with legal capacity.”

The submission from the prosecutor, Donegal County Council, stated that the application for the summons was made by VP Mullin Solicitors on behalf of the prosecutor. It was submitted that VP McMullin is a firm of solicitors and as such, an unincorporated body of persons. It was further submitted that Section 18(c) of the Interpretation Act, 2005 defines person to include unincorporated body of persons.

However, the accused submitted that an unincorporated body of persons does not come within the meaning of the word person

Judge Murphy’s question of law for the opinion of the High court was: “Does Section 1 of the courts (no 3) Act, 1986 authorise the issue of a summons on the application of ‘VP McMullin’ being a firm of solicitors and an unincorporated body of persons?”

The matter came before Mr Justice Conleth Bradley in the High Court on March 1, 2024. 

Having considered various legal arguments and examples of case law, he ruled: “Section 1 of the Courts (No. 3) Act 1986 (as amended) does not authorise the issue of a summons on the application of VP McMullin being a firm of solicitors and an unincorporated body of persons.”

This was based on the updated Courts (No 3) Act 1986 (as amended), Section 1(6)(a) which provides that “a summons shall specify the name of the person who applied for the issue of the summons.”

At a further High Court sitting on April 9, 2024, Justice Bradley granted the costs of the consultative case to the accused, Conor Quinn, with a stay on those costs pending an application for an appeal.

On May 29, 2024, Justice Bradley granted Donegal County Council leave to appeal.

The appeal in the Supreme Court is listed for hearing on Tuesday, March 4, 2025. It will see the question considered by five Supreme Court judges including Ireland’s Chief Justice, Mr Justice Donal O'Donnell, along with Mr Justice Charleton, Mr Justice Murray, Mr, Justice Collins and Ms Justice Donnelly.

A large volume of cases being prosecuted by Donegal County Council in courts across the county have been adjourned pending the outcome of the Supreme Court hearing.