Brian and Mary O'Shaughnessy seek damages over demolition
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
Brian and Mary O'Shaughnessy were seeking damages in the High Court after their home was demolished without prior notice during construction of the Limerick-Nenagh dual carriageway. The RTÉ report was updated on 15 January 2015.
Their single-storey, two-bedroom property at Annaholty, Birdhill, Co Tipperary, was demolished and the site cleared on 6 September 2006. The court heard that the National Roads Authority had informed them in 2003 that their home was not needed for the project.
They sought damages from Limerick County Council, the National Roads Authority, RPS Consulting Engineers Ltd, EGIS Route Scetauroute SA and Midland Fencing Ltd. All defendants denied negligence and served notices blaming other defendants. The council and the authority nevertheless accepted in their defence that the house was wrongfully demolished and the couple were entitled to compensation.
The contractors disputed that the property constituted a dwelling house or that they had wrongfully demolished it. Midland Fencing said the contractors instructed it to demolish properties including this house, which it described as derelict, dilapidated, unfurnished and uninhabited. The report also described the couple's renovation plans and preparatory work: by late August 2006, roof slates and furniture had been removed.
The report said the couple had received two payments of €10,000 each from Limerick County Council. Their counsel, Denis McDonald SC, argued that they were entitled to exemplary damages in addition to general damages. He said renting accommodation had left them unable to meet mortgage repayments. Their lender sought possession orders in 2009, but those proceedings were stayed pending the damages case, he added.
The case before Mr Justice Donald Binchy was expected to last several weeks.
This report covers an earlier stage of the case. Later developments are not reported here.