by Bernie English [email protected]
LIMERICK local authority bosses say they are reviewing a High Court judgement holding them partly responsible for knocking down a house without consulting its owners.
But they are not prepared to issue an apology as they claim it would “inappropriate” to comment on the matter at this time.
The High Court this week ruled that consultant engineers and Limerick County Council were jointly liable for the wrongful demolition of a family home during road construction work.
Brian and Mary O’Shaughnessy’s two-bedroom farmhouse, ‘The Hollows’ at Annaholty, Birdhill was demolished by mistake and without prior notice on September 6, 2006. They bought the house for IR£34,500 in 1998, lived there for a period and told the court they always intended to reside there permanently.
Between 2001 and 2003 there was uncertainty about the house because it was close to the route of the new carriageway but they were told by the NRA in 2003 their home was not required to complete the project.
Mr O’Shaughnessy was carrying out preparatory works as part of plans to renovate the house and by late August 2006, slates on the roof and furniture in the house were removed.
After the house was demolished a few weeks later, the site was bypassed by the new road.
The O’Shaughnessys settled their action for damages for an undisclosed amount last January. The case this week was to determine who was responsible.
Mr Justice Donald Binchy said it was abundantly clear what happened was not down to any single act. He found consultant engineers, of a joint venture called RPS Scetauroute, were 70 per cent responsible while Limerick County Council was 30 per cent responsible. Midland Fencing Ltd., a sub-contractor that carried out the actual demolition, was found not to be negligent.
The defendants had all denied negligence and the various parties served each other with legal notices in the matter.
Mr Justice Binchy said the demolition was “as a consequence of a series of acts and omissions in which both Limerick County Council and RPS played a part.”
The events leading to the demolition included that an engineer for RPS, following consultations with the county council, had wrongly designated a plot of land, which was to be acquired, as derelict.
In early 2006, the council included it on a list of properties to be demolished. The council then provided RPS with the list. The judge said there was a failure by engineers to query why works were being carried out on the house.
Asked by the Limerick Post if they had anything to say on the matter, a spokesman for the local authority said: “Limerick City and County Council is presently reviewing the decision of the High Court and therefore, it would be inappropriate to make any comment at this point”.
