Courts / Limerick / Report
Consultants and Limerick County Council responsible for wrongful demolition of family home, court finds
Summary
In a High Court judgment, Mr Justice Donald Binchy held that consultant engineers and Limerick County Council were jointly responsible for the wrongful demolition of the O'Shaughnessys' single‑storey farmhouse, 'The Hollows', in Annaholty, Birdhill, Co. Tipperary, on 6 September 2006. The court found the consultant engineering joint venture, RPS Scetauroute, was 70 % liable and the local authority 30 % liable, while the third party that carried out the demolition was not negligent. The demolition stemmed from a series of acts and omissions: an RPS engineer incorrectly designated the plot as derelict, Limerick County Council staff mistakenly identified the O'Shaughnessys' home as plot 156a, and both parties failed to supervise or verify the site. The O'Shaughnessys had purchased the house for IR£34,500 in 1998, lived there, and had planned renovations before the house was unexpectedly removed. The case was settled on undisclosed terms in January of the following year.
Who, what, where, when and why
What: Report matter: Consultants and Limerick County Council responsible for wrongful demolition of family home, court finds. Procedural stage: hearing_or_decision
When:
- September 6th 2006 Incident
- August 2006 Other
- 2001 to 2003 Other
- Christmas Incident
- 2015-06-22 Publication
Why: Between 2001 to 2003 there was uncertainty about the house because it was close to the route of the new carriageway. CNI source report
Places mentioned
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