Legal status of route 'an open question'

TWO CO Wicklow hill-walkers, against whom the High Court ruled yesterday, say the legal status of a disputed route through a local farmer’s land remained “an open question”.

In a statement issued by their solicitor, Naill Lenoach and Noel Barry, members of the Enniskerry Walkers’ Association, said they were disappointed by the judgment. Following a lengthy dispute the High Court ruled in favour of landowner Joseph Walker who had sought a declaration that there was no public right of way through or within 500 metres around his property at Annacrivey, Enniskerry.

The defendants’ solicitor, Rosemary Scallan, said: “On fully considering the details of the judgment handed down, they are of the view that on balance Mr Walker has lost his case against them.”

She said Mr Walker’s claims for damages against them for trespass; for an injunction prohibiting them from coming on to his lands; for an injunction restraining anybody from traversing the disputed route; and a declaration binding every hillwalker that the route was not a public way were all dismissed. “All that Mr Walker got was a declaration binding only on Mr Barry and Mr Lenoach that the route was not a public right of way.

Mr Lenoach said their lawyers were considering whether to appeal to the Supreme Court.

Mr Walker said he was glad the matter had been resolved. He was in favour of the recreational use of the mountains and uplands in Enniskerry and quite willing to participate and move forward.

The Irish Farmers’ Association welcomed the ruling as a vindication of landowners’ rights.