The first of at least 1,100 lawsuits related to the mica controversy has been admitted in the expedited commercial court.
The case is brought by teachers Liam Ó Dochartaigh and Greinne Bean Uí Dochartaigh of Urbledreagh, Malin Head, Co Donegal.
It will be one of five “scout” or test cases that will be dealt with first by the court.
The motion to list the case was first brought before Justice Denis McDonald last November, when he postponed a decision on allowing the case to appear in the summary court until January.
He said case management is required and the parties need to discuss how to proceed given the importance of these cases.
On Monday, Robert Fitzpatrick SC said for the Ó’Dochartaighs, after a dispute between the sides, that it had been agreed that there should be five Pathfinder cases and the Ó’Dochartaigh case would be one of them.
The cases will not include a personal injury claim as they must be dealt with separately, he said.
In their lawsuit, the Ó’Dochartaighs are suing Cassidy Brothers Concrete Products Ltd, Buncrana, Co. Donegal, who allegedly supplied inappropriate blocks for the construction of their home.
They are also suing Donegal County Council as the “market watchdog” in relation to building products.
They are also suing the National Standards Authority of Ireland (NSAI) for alleged failure to fulfill their duties as the national certification body for concrete products supplied by Cassidys.
The NSAI applied to the Commercial Court for admission of the cases.
Mr Justice McDonald said it was appropriate to add the Ó’ Dochartaigh case to the trade list so that the matter could proceed in an orderly manner.
He said he was very grateful for all the work done by the parties, which “may not be visible, but I appreciate it”.
https://www.independent.ie/irish-news/courts/first-of-at-least-1000-legal-cases-over-mica-controversy-admitted-to-commercial-court-42319390.html First of at least 1,000 lawsuits admitted to Commercial Court over mica controversy
