Supreme Court rules Ann Moore thrown out of home in a ‘fundamentally defective’ manner
The amount of damages for Ann Moore, evicted under a warrant for possession obtained by Dún Laoghaire-Rathdown Council in a “fundamentally defective” manner, will be decided later.
In a joint judgment on Tuesday, Mr Justice Frank Clarke, Ms Justice Mary Laffoy and Ms Justice Iseult O’Malley overturned a High Court decision refusing Ms Moore any relief over her unlawful eviction from her home at Glennatan, Loughlinstown, in May 2010.
The Supreme Court said Ann and Christopher Moore were unlawfully evicted on foot of a warrant obtained in “significant breach” of the legal process that should have been followed.
The fundamental value at stake in this case was “the rule of law”, it said.
The house was the Moores’ home until they were evicted in due course of law but they were deprived of their home because a warrant for possession obtained in a fundamentally defective manner was executed.
The manner in which they were deprived of their home was inconsistent with Article 8.2 of the European Convention on Human Rights prohibiting interference by a public authority with the family home except in accordance with law …
This is an extract from an article of Mary Carolan in the Irish Times on 13 December 2016