Residents' challenge against Shell acquisition orders fails


The Supreme Court has dismissed a challenge to the validity of compulsory acquisition orders for the Shell pipeline project in Co Mayo.

The court yesterday ruled that four opponents of the project did not bring their challenge within prescribed time limits.

In 2005, Shell EP Ireland Ltd brought injunction proceedings alleging interference by the a number of local residents, including Philip McGrath, James B Philbin, Willie Corduff and Bríd McGarry, with the construction of an onshore gas pipeline to connect the sub-sea Corrib gas field wells to a terminal near Rossport. The residents brought a counterclaim to the injunction proceedings in which they challenged the validity of the original compulsory acquisition orders for the pipeline.

Ms Justice Mary Laffoy had held that rules permitted the court to extend the time for bringing such actions. But yesterday in the Supreme Court Mr Justice Frank Clarke, said he disagreed with the High Court and made an order dismissing the challenge to the acquisition orders on the grounds that it was out of time under court rules.