Defective Block Scandal

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

1. The Quarry and its sister companies who produced, manufactured and supplied the products;
2. Donegal County Council who were responsible for monitoring the production of the products; and
3. The National Standards Authority of Ireland who certified the production of the products.

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 associated with once-off litigation and you will be in a position to allow the lead cases to take that burden for you.  

If you wish to join the Group Litigation, upon payment of the €500 fee, you can email the proof of payment to [email protected] and you will be sent an online form to complete. Once we have received your consent for us to issue proceedings on your behalf, we will proceed to issue and serve the plenary summons and it will then be a matter of awaiting the outcome of the lead cases.

From within the large group, six individuals, each with different circumstances, have agreed to act as representatives for the rest of the group and to act as lead or “pathfinder” cases. The circumstances of these lead cases are such that the issues within them generally describe the conditions that apply to most property owners in Donegal.

In the meantime, it has been agreed that all of the other cases within the group 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 with 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.

We would suggest issuing proceedings in the name of the Personal Representative of the late owner’s estate if the property is still in their name pending the outcome of the probate. We could then also take instructions from the Personal Representative (or an authorised nominee on their behalf).

However, you may wish to take advice from the probate solicitor with regard to any tax implications or otherwise that any potential compensation settlement may have as we are unfortunately not in a position to advise on that aspect.

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.

There are many types of properties which are not eligible for a grant under the state Grant Scheme, such as commercial buildings, multi-unit buildings, holiday homes, farm buildings, even buildings that surround a family home such as a garage or outhouse.

The purpose of the litigation is to achieve compensation for anyone who has suffered (or will suffer) loss as a result of the use of defective concrete products and there is no such arbitrary restriction on the type of property which can be included as part of the group litigation.

No. The larger the numbers joining the case the better for all. As in all cases, it is up to the Solicitors to guide the case through the courts to ensure that all of the participants are fully and properly represented.

Due to the nature of the case and the numbers involved, we are not generally in a position to address queries by telephone. However, once you join the case, we will send you regular newsletters by way of email. You will also be able to access previous newsletters.

If you do have any queries over and above the information contained here or in the newsletters, please email us at [email protected] and we will make our best efforts to address any questions that you might have.

If you have a mortgage on your home, we would be grateful for any information or correspondence you might have from your bank in relation to any difficulty in which you have found yourself with them. For example, perhaps you have tried to engage with the bank regarding repayments on your mortgage or obtaining consent for demolition of your home.

Likewise, if you have had any issues with securing insurance on your home or property, this information may be of assistance to our own enquiries in the context of the Group Litigation.

We would appreciate if you could email us any information that you think might be relevant. We regret that we are not in a position to advise on specific cases as it will be individual to the terms of your mortgage conditions and / or insurance policy.