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, including defective blocks, in the construction of their properties, have come together to take a case against all 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:
- Cassidy Brothers Concrete Products Limited, Cassidy Brothers Topmix Limited and Cranford Concrete Products Limited (the “Quarry”), who produced, manufactured and supplied the products;
- Donegal County Council who was responsible for monitoring the production of the products; and
- The National Standards Authority of Ireland who certified the products produced.
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 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 issue and serve the plenary summons. After that, we will await the outcome of the Lead/Pathfinder cases. 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 number of cases would be limited. Rather than limiting the number of members, we have left the door open to 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 each applicant who joins the group with a letter outlining costs. 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 the fee 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 required to resolve each case individually.
Are there any hidden charges?
No. All extra costs, such as expert witness fees, legal team costs for research and litigation/discovery, testing fees for the lead cases, 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) if your claim is successful. At that stage, we will only ask for a modest payment towards our legal fees and the costs of getting you to pay through the channel decided. Should the case be unsuccessful, we will not charge you any additional legal costs.
Why should I join the case?
Whatever your circumstances, there is only a limited amount of time in which you can take action to vindicate your rights. This is due to the Statute of Limitations. The only way to stop time from 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.
The Commercial Court is currently case managing six Lead/Pathfinder cases. The parties have exchanged discovery, and the testing of the quarry and dwelling samples are at an advanced stage. It is unlikely the Lead/Pathfinder cases will be set down for hearing before early 2027.
The benefit to the Lead/Pathfinder cases is that the Court does not have to repeatedly deal with the same issues, 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 Court and ensure that all the participants are fully and properly represented. In the meantime, it has been agreed that all cases outside of the Lead/Pathfinder 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/Pathfinder 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 formally come on record or take any active steps to progress the litigation outside of the Lead/Pathfinder cases, which eliminates the costs risk for the Plaintiffs such as yourself, should the Lead/Pathfinder cases be unsuccessful.
If the Lead/Pathfinder cases go to trial, the decision of those cases will be binding on those in the group. Similarly, if the Lead/Pathfinder cases are settled, any Settlement or Redress Scheme will apply to the members of the group.
Can I register on behalf of an elderly or incapacitated property owner?
Unfortunately, due to the General Data Protection Regulations, we can only take instructions 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 losses, 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 claim in the proceedings. This includes interim payments under the Defective Blocks Grant Scheme, such as accommodation funding or reimbursement of engineer’s fees for reports submitted. Therefore, in the group litigation, you will claim your net losses with any other personal losses you have incurred.
