A High Court judge has stated that a County Clare engineer should think very carefully about continuing his crusade against Clare County Council and Irish Water.
Before dismissing the latest judicial review proceedings against Clare County Council brought by Michael Duffy, Mr Justice David Nolan said that since Mr Duffy is a lay litigant, he has the protection of the Aarhus Convention when it comes to legal costs “but that protection is not absolute”.
Judge Nolan said that the court retains jurisdiction to make an adverse costs order where proceedings are frivolous or vexatious or where a party has acted unreasonably in the conduct of the litigation, or where a party is in contempt of court.
He said: “That point may be fast approaching. The defence of these multiple actions costs the Council and therefore, indirectly, the taxpayer significant sums of money.”
In his warning, Judge Nolan said: “I think that the Applicant should think very carefully about continuing his crusade against the Council and Irish Water.”
Judge Nolan’s warning to Mr Duffy follows the chartered civil engineer of Kilfenora, Co Clare last month apologising at Loughrea Circuit Civil Court through his counsel and agreeing to pay “a sum of money” in damages to Supermac’s founder, Pat McDonagh over defaming the businessman in a post on X in December 2023.
Mr Duffy had previously challenged plans for Supermac’s €20m Banner Plaza motorway service plaza near Ennis.
In his 12 page written judgement concerning Mr Duffy’s latest judicial review action which concerned issues surrounding a waste water treatment plant for Kilfenora, Judge Nolan said that Mr Duffy has developed a passion for the treatment of wastewater in the area.
Judge Nolan remarked that Mr Duffy “is no stranger to seeking the protection of the courts, having mounted many judicial reviews against Clare County Council and others”.
Before listing Mr Duffy’s various judicial review challenges, Judge Nolan said that “it would not be incorrect to call him something of a crusader on the issue”.
Judge Nolan said that the judicial review cases that Mr Duffy has instigated in the recent past comprise two against the Council (2013 and 2023); two against An Bord Pleanála (2024 and 2025); two against An Coimisiuin Pleanala (2025 and 2026) and one against the Minister for Housing (2026).
In dismissing Mr Duffy’s latest judicial review action, Judge Nolan said that his Statement of Grounds fails to meet the required pleading standard and does not establish substantial grounds and accordingly, leave should be refused on that ground alone.
Judge Nolan said that the proceedings were brought by Mr Duffy over four years ago in June 2022 “and while some steps were taken to advance them, those steps were not taken by the Applicant, but by the court”.
Judge Nolan listed the case for final orders on November 11th.
Mr Duffy was contacted on Friday for comment on the judge’s remarks and Mr Duffy said that out of respect for the court he would not be making any comment before the case is finalised on November 11th.
