Inland Fisheries Ireland v O'Baoill & Ors (Unapproved)

             This is an appeal against a judgment delivered by Ms. Justice Pilkington in the High Court on the 12 th December, 2019 together with consequential orders perfected on the 10 th June, 2020 granting orders and reliefs sought by the respondent on foot of a motion seeking summary judgment which issued on 31 st January, 2018.� The proceedings were instituted in June 2009.� They concern fishing rights on the Gweebarra River, a spate river which enters the sea in north Donegal near Doochary Bridge.

             Given the involved history between the parties and the changes and modifications that have evolved in the respective position of the parties over time from and after the institution of the within proceedings in 2009, it is necessary to review the history and background through the prism of the litigation and various court orders and judgments to date.

(1)                communicating to persons holding permits issued by or with the authority of the plaintiff who are entering on and/or fishing the fishery that they are not entitled to fish the fishery; and

(2)                restraining them from inciting persons wishing to fish the fishery to do so without a permit issued by or with the authority of the plaintiff and from representing to such persons that they will be entitled so to do by joining the Finntown or Rosses Anglers Clubs.

             The plaintiff through counsel gave an undertaking to the court to erect a notice on the relevant premises indicating that the parts of the river which were not under the plaintiff�s control and which were accessible without a fishing permit.� The plaintiff�s application was grounded on the affidavits of Gerry McCafferty and Paul Gallagher and a notice of motion dated the 8 th June, 2009.�