The National Parks and Wildlife Service (NPWS) has lodged an appeal in the High Court against last week’s judgment awarding €40,000 compensation to a hillwalker. The appeal was confirmed by its press office. Last week’s award in the Circuit Civil Court was made for injuries suffered by the hillwalker on the popular Wicklow Way route.
The appeal was widely expected given the shockwaves sent through farming groups, tourism interests, walking clubs, county councils and various other state bodies by the judgment. The appeal may be heard before the courts’ year end of 31 July or, if not, in the autumn. The injured hillwalker had sought €60,000. The case was heard over one full day with the parties called back for written judgment.
The Irish Farmers Journal estimates that the legal costs for the hillwalker are likely to have included – so far – approximately €12,000 in solicitor fees, €3,000 for counsel, plus €2,500 for a forensic engineer, or a total of €17,000, plus VAT. The legal costs of the defence are likely to be about 10% lower.
The award has left landowners who have walking and cycling routes passing through their land wondering if they could find themselves having to defend a claim in the event of an injury.
Farmers along some 40 routes are given annual payments for maintaining pathways. These farmers have been told they are indemnified against liability by their local authorities.
Last week’s judgment centred on the fact that the NPWS has installed a “structure” on the route and that, in doing so, it had taken on a higher duty of care to walkers than if it had left a natural pathway. It then failed to meet this higher duty of care.
The structure was a series of steps made using timber sleepers. There are similar steps along many walking routes.
IFA hill committee chair Pat Dunne said the issue must be discussed at the Comhairle na Tuaithe and farmers given assurances that their rights are protected and that no similar claims can arise on private land.
The National Parks and Wildlife Service (NPWS) has lodged an appeal in the High Court against last week’s judgment awarding €40,000 compensation to a hillwalker. The appeal was confirmed by its press office. Last week’s award in the Circuit Civil Court was made for injuries suffered by the hillwalker on the popular Wicklow Way route.
The appeal was widely expected given the shockwaves sent through farming groups, tourism interests, walking clubs, county councils and various other state bodies by the judgment. The appeal may be heard before the courts’ year end of 31 July or, if not, in the autumn. The injured hillwalker had sought €60,000. The case was heard over one full day with the parties called back for written judgment.
The Irish Farmers Journal estimates that the legal costs for the hillwalker are likely to have included – so far – approximately €12,000 in solicitor fees, €3,000 for counsel, plus €2,500 for a forensic engineer, or a total of €17,000, plus VAT. The legal costs of the defence are likely to be about 10% lower.
The award has left landowners who have walking and cycling routes passing through their land wondering if they could find themselves having to defend a claim in the event of an injury.
Farmers along some 40 routes are given annual payments for maintaining pathways. These farmers have been told they are indemnified against liability by their local authorities.
Last week’s judgment centred on the fact that the NPWS has installed a “structure” on the route and that, in doing so, it had taken on a higher duty of care to walkers than if it had left a natural pathway. It then failed to meet this higher duty of care.
The structure was a series of steps made using timber sleepers. There are similar steps along many walking routes.
IFA hill committee chair Pat Dunne said the issue must be discussed at the Comhairle na Tuaithe and farmers given assurances that their rights are protected and that no similar claims can arise on private land.
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