Courts / Tipperary / Report
Contractors in "abuse of process" as appeals against damages for workers are struck out
Summary
In a 2019 decision, the Court of Appeal struck out appeals filed by Portuguese companies against a €1 million damages award granted to workers who claimed they were underpaid and lived in a "work camp" while building part of the N7 motorway. The High Court had awarded the workers damages and legal costs, and the companies—Rosas Construtores SA, Constructocoes Gabriel AS Couto SA and Empresa Deconstrucoes Amandio Carvalho SA—had appealed. The three‑judge panel, led by Justice Michael Peart, Justice Marie Baker and Justice Caroline Costello, found the appeals to be an abuse of process aimed at delaying payment. Justice Costello noted that the employers' conduct was "extremely serious and persistent" and that the appeals would add further years of delay. The court therefore dismissed all appeals, leaving the employers liable to pay the compensation and legal costs. The employers announced plans to appeal the decision to the Supreme Court.
Who, what, where, when and why
What: Report matter: Contractors in "abuse of process" as appeals against damages for workers are struck out. Procedural stage: appeal
When:
- 2007 and 2008 Other
- 2019-07-29 Publication
Why: The workers, represented by David McGrath SC instructed by solicitor Tom O'Regan, had argued in a preliminary motion that the appeals should be struck out on the grounds they are an abuse of process and had an ulterior motive of delaying paying the workers the sums due to the men. CNI source report
Places mentioned
- Court of Appeal
- High Court
- Nenagh. The High Court
- Supreme Court
Topics
Related court reports
- Pair who drugged teen and tried to rape him get 10 years
- Dundon-McCarthy gunman gets 15 years for fatal shooting of Noel Campion
- Dundon-McCarthy gang associate who fatally shot Noel Campion told multiple people he'd killed a man
- 'Lenient' sentence upheld for dangerous driver who caused 'devastating' harm to five-year-old
- Mouse infestation at Homesavers took three hours to clean up each morning, manager alleged
- 'Very unsettling': Traveller family bring case over 'wretched' living conditions
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request