What is the case about?
A very large number of people who have suffered property damage in County Donegal due to the use of defective construction products in the construction of their properties have come together to take a case against all of the parties responsible for the fact that this was allowed to occur with little or no supervision. The case seeks damages from the following parties
- The Quarry and its sister companies who produced, manufactured and supplied the products;
- Donegal County Council who were responsible for monitoring the production of the products; and
- The National Standards Authority of Ireland certified the products’ production.
How do I start?
Please fill in your details below to request information from Coleman Legal LLP. Our team is ready to advise families in Donegal County affected by the defective block scandal. Kindly complete the contact form or email us at [email protected].
If you wish to join the Group Litigation, please follow these steps:
- Pay the €500 fee.
- Email proof of payment to [email protected]
- You will then receive an online form to complete.
Once we receive your consent to issue proceedings on your behalf, we will go ahead and issue and serve the plenary summons. After that, we will await the outcome of the lead cases.
How much does it cost?
Initially, there was no charge for individual property owners to join the case, and it was intended that the numbers in the case would be limited. Rather than closing off the number of members who could join the group, we have left the door open for anyone who wishes to join.
However, as of 7 July 2023, there is now a once-off charge of €500.00 for new applicants. This will cover outlays such as stamp duty and any administrative expenses that may arise.
We will also provide a letter regarding costs to each applicant who joins the group. We will charge a modest fee on the successful conclusion of the case. Due to the complex nature of the group litigation, we can’t confirm what that fee will be at this stage. However, we have set out an estimated basis for our charges in our Section 150 Costs Letter. This will cover our costs for the work involved in resolving each case individually.
Are there any hidden charges?
No. All extra costs, such as expert witness fees, the costs of the legal team involved in research and litigation/discovery, testing fees for the lead case, etc., are being met on a ‘Not For Profit’ basis.
As set out above, we will only be able to charge you over and above the initial registration fee (if applicable) on the successful outcome of your claim. At that stage, we will only ask for a modest payment towards our legal fees and the costs involved in getting you to pay through whatever channel is decided. Should the case be unsuccessful, we will not charge you any additional fee towards the legal costs.
Why should I join the case?
Whatever your circumstances, there is only a limited amount of time in which you can take Court Action to vindicate your rights. This is due to the law known as the Statute of Limitations. The only way to stop time defeating your right to sue those responsible is by issuing a Court Summons against those responsible. The advantage of joining the group litigation is that you will not be subjected to the usual costs, stress and burden of once-off litigation. You can allow the lead cases to take that burden for you.
How long will it take?
As you know, no litigation is quick. However, the plan is to ask the Commercial Division of the High Court in Dublin to accept the Lead/Pathfinder cases into the Commercial Court. This has been done successfully before. The benefit to the Court System is that it does not have to repeatedly deal with the same queries, Court Applications, etc. This greatly reduces the strain a case such as this would place on the court system.
Can I take a case for the stress on myself and my family?
All cases are unique to the individual. However, if you have suffered a psychological or physical injury and have the support of your medical advisers, you may be able to seek compensation for your injury.
Is there a limit on the number of people joining the case?
No. The larger the number of people joining the case, the better for all. As in all cases, it is up to the Solicitors to guide the case through the courts and ensure that all of the participants are fully and properly represented. In the meantime, it has been agreed that all other group cases will effectively be on hold. This is a significant achievement because, once a summons has been issued in the High Court and served on each of the Defendants, no other steps in the litigation will occur pending the outcome of the lead cases.
Following much negotiation with the other parties, it has also been agreed that the normal costly and time-consuming rules for physical service can be dispensed and that summonses can be served electronically. The Defendants have also agreed that they will not come on record or take any active steps, which eliminates the costs risk for the Plaintiffs such as yourself, should the lead cases be unsuccessful. If the lead cases go to trial, the Decision of the Lead cases will be binding on those in the group. Similarly, if the lead cases are settled, any Settlement or Redress Scheme will apply to the members of the case.
Can I register on behalf of an elderly or incapacitated property owner?
Unfortunately, due to the General Data Protection Regulations, we can only take advice from the owner of the property, unless they provide us with written formal consent allowing someone to provide us with instructions on their behalf. Likewise, legal proceedings can only be brought in the name of the owner of the property (either a person or a registered company).
Should I apply for the State Grant Scheme?
Please note that the Defective Blocks Grant Scheme is a State initiative separate from the Defective Blocks group litigation. The State has been very clear that it will not provide a redress scheme. Whether or not you apply for the Grant Scheme is a matter for yourself. Unfortunately, we are not able to advise on its terms, and any questions you have about that would be best addressed directly to Donegal County Council or the Housing Agency.
However, you should be aware that a plaintiff has a duty to “mitigate their lossesâ€, or, in other words, to make their best efforts to recover their losses other than through litigation. With regard to the Defective Blocks Group Litigation, the Plaintiff should make their best efforts to apply for the Grant Scheme.
Any amount ultimately received by you under the Grant Scheme will be deducted from the overall value of your litigation claim. This includes interim payments under the Grant Scheme, such as accommodation funding or reimbursement of engineers’ fees for reports submitted. Therefore, in the group litigation, you will claim your net losses with any other personal losses you have incurred. Likewise, legal proceedings can only be brought in the property owner’s name (either a person or a registered company).
What happens to any Grant that I may receive? Will I lose it?
These lead cases are being case managed by the Commercial Division of the High Court and / or by way of a series of agreements which have been negotiated between the parties. This involves a strict timetable during which all of the court documents or “pleadings†must be exchanged. In this way, the cases will move much faster than would be usual in litigation. The timetable also allows for the testing of the quarry as well as the testing of individual homes of the Lead Plaintiffs.
Once all of the pleadings have been exchanged, a process of “Discovery†will then occur where the parties will request and exchange documents which it is believed are necessary to be provided by each party to allow for the fair and cost effective trial of the cases. Once the Discovery process is over, the Lead cases can then proceed to trial.
