The High Court awarded Patrick Geraghty €102,780 and Gabriel Gilmore €75,055 after defendants admitted liability for damage linked to an environmental improvement scheme at Market Square, Mountbellew, Co Galway.
In a judgment delivered on 9 November 2010, Mr Justice Roderick Murphy assessed damages in two joined-for-assessment actions. The defendants—the County Council of the County of Galway, Doolin Construction Limited and architects Charlotte Sheridan and Kevin Woods—admitted liability at the hearing on 15 June 2010. The remaining issues were the amount of damages and costs.
The scheme included excavation of a trench for ESB ducts along the pavement. The plaintiffs alleged that the works undermined support to their buildings and caused damage. The court heard competing engineering evidence about the buildings’ condition and the remedial work required. It accepted evidence that both properties had pre-existing defects, including cracks, but found that the excavation triggered additional movement and cracking.
The parties agreed that the cost of remedial and reinstatement work should be assessed together for both properties. The judge considered the buildings’ poor condition and the improvement that full refurbishment would bring, as well as the competing estimates. He awarded €76,780 to Geraghty for reinstatement, including VAT and signage, and €75,055 to Gilmore for reinstatement. Gilmore’s claim for consequential losses was reserved because he could not attend court; the judgment did not assess those losses.
Geraghty also sought consequential damages, including rent, alternative accommodation, work to meet public health standards, storage and travel expenses. The court said much of the claim was unsupported by receipts or other evidence. It rejected the €40,000 claim for work to meet health board standards as too remote, finding that the building’s previous condition did not meet that standard. It made no allowance for alternative accommodation or storage, and allowed €1,000 for travel and other out-of-pocket expenses.
The court said loss of rent would be allowed subject to satisfactory evidence, with the amount to be agreed or determined by the court if receipts were not produced. It nevertheless stated that consequential loss was allowable at €26,000. Adding that figure to the €76,780 reinstatement award, it entered judgment for Geraghty for €102,780.
The judgment addressed damages and costs as the remaining issues after liability was admitted. The source does not state a separate costs order.