An unprecedented development has been reached for the +1,400 High Court writs lodged by homeowners in Donegal seeking compensation outside of the defective concrete blocks redress scheme.
Significant progress has been made to allow electronic service of all High Court Writs, cutting paperwork costs and eliminating the cost risk of €1,500 faced by homeowners. This development has cut potential costs of more than €2million for the multi-party court action taken by Coleman Legal.
Coleman Legal launched the legal bid for more than 1,400 homeowners last year, seeking compensation between the amount paid out by the Government and the shortfall homeowners may find themselves needing to rebuild their homes.
The claim was issued to the three defendants in the case Cassidy Brothers Concrete Products Limited, Donegal County Council and the National Standards Authority of Ireland.
Homeowners who initially signed up for the case were notified that there was a small risk that they could incur a cost of about €1500 plus VAT should the case be lost. After intensive negotiations with all three Defendants, it has been agreed that all High Court writs will be served electronically on all three Defendants.
The development has been described by Coleman Legal as a unique achievement in Irish Court Practice and greatly assists the smooth running of the case through the Courts.
The High Court Writs for all Lead Plaintiffs on all Defendants were served on Friday last.
The bulk of those included in the 1,400 people who have launched writs with Coleman Legal to claim the shortfall of payment are primary homeowners. There are also many more who have not yet become part of the action including business owners and holiday home owners whose properties also have MICA.
Coleman Legal continues to encourage homeowners to join in the case, given the reduction of the cost risk. There is a threshold of 2,000 cases.
The first Statement of Claim was submitted last November on behalf of Malin Head couple William and Grainne Doherty. The Commercial Court agreed to fast-track the case, which was the first of 1,400 legal actions set to be brought before the court over the mica controversy.
Those funding the legal bid are Donegal businessmen Shaun Hegarty and Adrian Sheridan.