Homeowners from Donegal, Mayo and Clare have been campaigning for redress for homes allegedly damaged by defective concrete blocks. Photograph: Tom HonanThe first of at least 1,100 legal actions over the mica controversy has been admitted to the fast-track Commercial Court.
The case is being brought by husband and wife Liam Ó'Dochartaigh and Greinne Bean Uí Dochartaigh, teachers from Urbledreagh, Malin Head, Co Donegal. It will be among five “pathfinder” cases which the court will be first asked to deal with. The application for entry of the case into the commercial list first came before Mr Justice Denis McDonald last November. He postponed until January a decision on whether to admit the case to the fast-track court. He said there was a need for case management and for the parties to discuss how it should proceed given the importance of these cases.
Robert Fitzpatrick SC, for the Ó'Dochartaighs, said on Monday that following engagement between the sides, it was agreed there should be five “pathfinder” cases and the Ó'Dochartaigh case would be one of these. The cases will not include a claim for personal injuries as they will have to be taken separately, he said.