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THE HIGH COURT has found that consultant engineers and Limerick County Council were responsible for the wrongful demolition of a family home during the construction of a new dual carriageway between Limerick and Nenagh.
Brian and Mary O’Shaughnessy described the destruction of their single-storey two-bedroom old Irish farmhouse ‘The Hollows’ at Annaholty, Birdhill, Co Tipperary on 6 September 2006 as “a nightmare”. The site was never used for the new road.
Giving judgement, Mr Justice Donald Binchy, who said it was “abundantly clear” what happened “was not down to any single act”, found the consultant engineers, a joint venture called RPS Scetauroute, was 70% responsible while the local authority was 30% responsible.
A third party which carried out the actual demolition was found not to be negligent in the matter.
The O’Shaughnessys sought damages for alleged negligence from several parties including Limerick County Council and The National Roads Authority (NRA), who it was claimed were both responsible for the operation, design and acquisition of land, and oversaw construction of the N7 dual carriageway scheme.
They also sued RPS Consulting Engineers Ltd and EGIS Route Scetauroute SA (a joint venture in the name of RPS Scetauroute JV), which was contracted by Limerick County Council (LCC) to carry out certain works on the carriageway, and Midland Fencing Ltd, a subcontractor that carried out the demolition works.
The defendants all denied negligence. LCC, NRA, RPS, and Midland all served each other with notices of contribution and indemnity, claiming the other defendants were responsible for what happened.
Last January the O’Shaughnessy’s settled their action on undisclosed terms. The hearing proceeded to determine which of the defendants was liable.
A series of errors
In his judgement, the Judge said the demolition was “as a consequence of a series of acts and omissions in which both LCC and RPS play a part.”
The events leading to the demolition included an engineer for RPS, following consultations with LCC, wrongly designating a plot of land, 156a – which was acquired, as being derelict. There was no structure on the plot, but there may have been in the past.
LCC’s staff, when looking for a plot of land that matched that description then mistakenly photographed and labelled the O’Shaughnessy’s home as being plot 156a.
In early 2006, LCC included plot 156a on a list of properties to be demolished. LCC then provided RPS with the list, including a photograph of the O’Shaughnessy’s home describing it as plot 156a.
The judge said there was also a failure by engineers to query why works were being carried out on the house, and a lack of familiarity with the boundaries of the site the subject of a CPO.
He said he was satisfied RPS and LCC owed a duty of care to the O’Shaughnessys, and it went without saying that their home should not have been demolished.
In his view, RPS failed in its duty under the terms of its contract to provide services to LCC. RPS failed to supervise the site properly or ensure the resident engineers were sufficiently familiar with the site, or check that the premises shown in the photograph it was given was at plot 156a.
However, the judge added that there could be no doubt that LCC was also negligent in instructing RPS to include plot 156a in the demolition contract, incorrectly identifying plot 156a as being the O’Shaughnessy’s property, or ensuring its staff were familiar with site boundaries and project documentation.
Shared responsibility
In the circumstances, he said RPS were 70% negligent, and LCC 30% negligent.
The O’Shaughnessys, bought the house for IR£34,500 in 1998. They lived there for a period and also rented it out. It was always their intention to reside there permanently.
Between 2001 to 2003, there was uncertainty about the house because it was close to the route of the new carriageway. The O’Shaughnessy’s were informed by the NRA in 2003 their home was not required in order to complete the project. Other houses in Annaholty were acquired and demolished as part of the construction works.
In the months before the demolition Brian O’Shaughnessy was carrying out preparatory works as part of plans to renovate the house. Planning permission was also sought from the local authority.
By late August 2006, slates on the roof and furniture in the house were removed. On 6 September 2006 Mary O’Shaughnessy decided to collect post at the house. When she arrived at Annaholty the house was gone, and the site cleared.
They had no prior indication or notice that the house was to be demolished.
She initially believed matters would be sorted out by Christmas of that year, and never thought she would have to come to court. What had happened to her and her husband as a “nightmare”, she said.
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Well done,a great days labour…..a lot on here just think you go in past the 1.5million euro security hut, down past the 365 thousand euro bike shed,see the 190 thousand euro fitness instructor for an hour before going off to the heavily subsidised dail bar for a spot of lunch.
@Buster Lawless: haha buster your gas.
@james rowan: lol!( chuckle)
@james rowan: good evening sir, I have no malice whatsoever towards the lady in question and by the sounds of it you are a big fan and I respect that.
I just felt the way he put it altogether was if you like clever and I had a chuckle and hence gas.
Very well said Catherine
@Eoin O Flaherty: Too bad she isn’t as vocal about the urgent necessity to build the bypass and stop the city chocking. Nothing moves in the city most of every day. Everything going east – west and vice versa has to funnell through 3 effective bridges – 2 of which marshelled on both sides by traffic lights. 2 of the 3 bridges were built in the era of ass & carts.
@Ger Murphy: in fairness it was the Greens that put the kybosh on that.
They seem to think massive congestion is good for the environment…
One of the few politicians I admire
@Eddienowy Byrne: in fairness she’s very good.
If only we could have a 13b euro windfall……..
It’s not just Galway. The single biggest infrastructure problem in this country is our water provision and waste water systems. It’s sickening to think how much raw sewage is pumped into our rivers and the sea and the damage its doing to aquatic life and ultimately ourselves. But there’s no votes in water. Noone cares as long as water comes out the taps and they can flush the jacks.
Many of our super confident and knowledgeable politicians have missed operational careers in utilities and house building that would have our country flying
Another reason not to vote for independents who stay in opposition
She might as well howl at the moon
@James Gorman: Catherine Connolly is one of the few td’s of any integrity in the Dáil unlike many Independents who are FFG in all but name
@James Gorman: She’s a great advocate for the people Ireland. Done more with her time as a TD than most of the chancers in government ever did
@James Gorman: And yet this is a failure of government parties, not the independent TD.
If anything, this will be forced to a resolution.by the independent TD *despite* the uncaring government parties.
@James Gorman: Sorry don’t agree.. She is a good TD, has integrity and genuine desire to help her country. We need more like her.
@Hayagriva: just like your man donnelly who was elected as an independent and within a few weeks joined ff and got a job as a minister of some sort, I hope the people who voted for him remember that….
@Darth O’Leary:
She has the luxury of never having to make a decision.
@James Gorman: ah no. She’s a genuinely hard working decent politician.
@James Gorman: Catherine Connolly is one of if not the best politician in the Dail. Truthful, always polite, and honest.
I’m not in her area. Pity we don’t have more like her.
She is respectful of all yet gets her point across. She doesn’t stand at the gates for every photo op when there is something going on.
Ye can say a lot about most wasters in the dail. But she is a good one.
@James Gorman: If she howls at the moon, the moon would listen.
Probably most of the problem comes from vast amounts of rainwater going into the sewage system overwhelming the capacity to safely treat?
Imagine bragging that you completely failed to secure proper funding for your local council during 17 years and blaming the government.
@Alex: but the councils around the country have been charging development levies on new builds since 2006,to pay for all the infrastructure and the house tax since 2013 was another boost to the budgets. So what are they doing with all the money? Pi§§ING it up against a wall like the opw
@P. V. Aglue: not even a wall in the bike shed to piss up against.
Great spot for speech and waffle where no accountability ever happens,reminds me of match of the day were they just talked pure s#### for a while to pass time. Except in there it’s large salaries and expenses talking about problems and not solving them.
The bikes are getting pissed on now as we post.
Well spoken and highlighted but, this situation should also be voiced by and come from the Galway Councillors as it did originally. Unfortunately at the moment some of the Councillors are lost in mediocre or even lesser drum beating like shipwrecks on the shore, or the inconveniences of the Chamber moving to Mervue. Should the situation as outlined by you not be dealt with, then there will be more than Ships on the Shore !
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