Home > Commentary > Pullen v Dublin City Council

Pullen v Dublin City Council

Yesterday’s Irish Times reported that the High Court awarded €20,000 each to Carol and Laurence Pullen in respect of their removal from local authority housing under s 62 of the Housing Act 1966, a very controversial provision that permits of ejectment on ‘good estate management’ grounds sanctioned by the District Court. In Pullen v DCC the High Court found that ejectment of the Pullens on the basis of this provision was not compliant with the local authorities’ obligations under the European Convention on Human Rights Act 2003, although Irvine J. did not provide injunctive relief.

The remedies decision in Pullen is an important one and we look forward to reading the judgment when it is made available on courts.ie. Human Rights in Ireland will be hosting a mini-symposium on the decision with contributions from me, Pádraic Kenna and Aoife Nolan in due course.

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  1. the chief
    February 21, 2010 at 7:18 pm

    I understand that, although there was no declaration of incompatibility between s.62 and the ECHR in this case, the High Court has made such declarations in Donegan v Dublin and Dublin v Gallagher. Have there been any moves to introduce legislation to amend s.62 to make it compatible?

    • February 21, 2010 at 8:05 pm

      There hasn’t, to the best of my knowledge, been any movement in that direction even though–as you rightly note–there has been some DoIs in relation to the provision.

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