Property owners dispute claim embankment collapse onto rail line was caused by them

High Court Reporter

The owners of a property backing onto the northern rail line in Malahide, Co Dublin, dispute High Court claims that an outbuilding in their rear garden caused a recent embankment collapse following heavy rainfall, which briefly disrupted Dart services.

Iarnród Eireann/Irish Rail and CIE have sought an injunction against Kieran Brady and Virginia Synnott, who the transport companies allege had the outbuilding constructed to "a very significant extent" on CIE-owned land behind their property at Ashleigh Lawn, Malahide.

Justice Brian Cregan granted permission last month for short service of the proceedings on Brady and Synnott, who the court heard were out of the jurisdiction in the southern hemisphere at that time.

However, in correspondence with the defendants' solicitor, Irish Rail was told the land belonged to them and that there was some negligence on the transport companies' part.

They also refused to give undertakings to remove the outbuilding and reinstate the boundary line with the rail lands.

When the case came back before Justice Cregan on Tuesday, Raymond Delahunt, for Irish Rail and CIE, asked that the matter go back for another week to allow for the exchange of affidavits between the parties.

The judge commented that, as this was a case in which outbuildings allegedly caused the collapse of the embankment, it was a matter of considerable urgency and he would give the injunction application an early hearing.

Delahunt said the other side disagreed with that characterisation of the dispute, and he agreed his side would put in its statement of claim and legal submissions before the next date.

Dermot Francis Sheehan, for Brady and Synott, told the judge his side had suggested mediation of the dispute. Irish Rail and CIE will be asked for instructions in relation to this proposal, the court was told.

The judge adjourned it for a week.