April 16, 2024

A court docket case involving the Donegal firm on the centre of the faulty concrete blocks scandal has been adjourned as authorized groups think about the doable impression of a landmark Excessive Courtroom determination.

An enforcement case taken by Donegal County Council in opposition to Cassidy Brothers Concrete Merchandise Restricted was as a consequence of be finalised at Buncrana District Courtroom this week.

Nevertheless, when the matter got here earlier than Choose Ciaran Liddy, the court docket was instructed that the case might be adjourned on consent.

Solicitor for Donegal County Council, Mr Kevin McElhinney, instructed the court docket that the Excessive Courtroom determination is ‘at present being thought of’.

Mr McElhinney instructed Choose Liddy that there are ‘ancillary functions to be made’ in all issues involving Donegal County Council, apart from parking prosecutions.

The proceedings in opposition to Cassidys, taken for non-compliance with planning circumstances at its headquarters at Gransha, Buncrana, have now been put again to Could 28 subsequent ‘for point out’. Mr McElhinney suggested the court docket that the adjournment was ‘by consent’ with Cassidys’ authorized representatives.

Mr McElhinney stated that he might then be ready to additional advise the court docket in respect of the latest Excessive Courtroom ruling of Mr Justice Conleth Bradley, which was delivered on March 1, 2024.

His judgement was within the case of an enforcement matter, additionally taken by Donegal County Council, in opposition to a Mr Ciaran Quinn regarding an unauthorised improvement at Croagh, Dunkineely.

In that case the summons data that the appliance for its problem was made by ‘V.P. McMullin, Solicitors on behalf of the above-named Prosecutor’.

It was submitted on behalf of Mr Quinn that V.P. McMullin is just not a authorized particular person being an unincorporated physique of individuals. It was argued that the Courts Act requires software for a summons to be made by an individual with authorized capability.

Mr Justice Bradley dominated that the Courts Act ‘doesn’t authorise the problem of a summons on the appliance of ‘VP McMullin’ being a agency of solicitors and an unincorporated physique of individuals’.

The landmark verdict has widespread impression now on different summonses issued by VP McMullin on behalf of the native authority, together with that involving Cassidy Brothers Concrete Merchandise Restricted.

In January, Choose Éiteáin Cunningham had requested for authorized submissions from the authorized corporations representing each the Council and Cassidys. Choose Cunningham requested that these embody submissions ‘as as to if the court docket has the ability to look behind the enforcement discover’.

An enforcement discover was served on the corporate in Could 2022 and in January 2023 a summons was issued, however in November the court docket heard that Cassidys had been unable to discharge varied monetary contributions, totalling over €670,000, to Donegal County Council. These monies had been a part of strict circumstances laid down by the native authority in granting planning permission for continuation of the quarrying works.

Final November, Ms Natasha Cassidy, a director of the corporate, addressed Buncrana District Courtroom. From the witness field, she stated that the final blasting of rock happened in April 2021 and no extraction works have taken place since round August 2021.

Ms Cassidy stated {that a} ‘boycott marketing campaign began and escalated’ in opposition to the corporate previous to the cessation of the quarrying.

Mr Oisin Collins SC instructed the court docket on that event that Cassidys ceased working in September 2021 and the location ‘was successfully pressured to shut’.

The court docket heard beforehand how a planning enforcement officer visited the location in April 2022 and established that six of 18 problems with non-compliance had been both excellent or part-outstanding and an enforcement discover was issued in Could 2022.

Numerous monies, in respect of a safety bond and monetary contributions regarding highway works and improvement fees, and which totalled €671,199.64, had been nonetheless excellent and had been as a consequence of have been discharged by December 2020.

Enforcement court docket case in opposition to Cassidys adjourned for Excessive Courtroom ruling was final modified: March twenty seventh, 2024 by Workers Author