A High Court judge has ordered a concrete products firm at the centre of the defective blocks controversy to make discovery of thousands of key documents requested by Co Donegal homeowners who have taken legal action against it.
Mr Justice Mark Sanfey, in the Commercial Court, said on Monday it disturbed him that the documentation being sought had been given by Cassidy Brothers Concrete Products Ltd to the other parties in the action – Donegal County Council and the National Standards Authority of Ireland are co-defendants – but not the plaintiff homeowners.
The judge directed that the discovery be made by Cassidy Brothers by 5pm on Monday evening.
Six couples who are bringing the first test cases in relation to the defective blocks controversy claim discovery has been outstanding since May 2024.
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At issue in the discovery are thousands of documents relating to records over a 19-year period, and also data in relation to key tests which were carried out.
Ben Clarke BL, instructed by Coleman Legal solicitors for the homeowners, told the court that Cassidy Brothers had agreed to make voluntary discovery in May 2024, and subsequently applied to the court for extensions.
Last month, he said motions brought by the homeowners were struck out on the understanding discovery would be made.
Counsel said discovery was made to the other parties in the case, but not to the homeowners.
Solicitor Eamon Dillon for Cassidy Brothers Concrete said some documents contained names, addresses and contact details and he claimed there was a legitimate concern.
Mr Justice Sanfey said the Cassidy Brothers Concrete side had been given more than enough reassurances. He directed that the discovery be made by 5pm on Monday.
In one of the cases before the court, husband and wife teachers Liam Ó Dochartaigh and Greinne Bean Uí Dochartaigh, of Urbledreagh, Malin Head, Co Donegal, are suing over damage from mica-containing concrete blocks and similar products used to build their home between 2005 and 2008. Mica is naturally occurring in rocks but, when used as an aggregate, makes concrete weaker over time.
The couple claim they have been advised their home will have to be demolished and rebuilt. They may also include in their proceedings another rental property they own at Malin Road, Carndonagh, Co Donegal, pending the results of tests on that property.
They are suing the block suppliers, Cassidy Brothers Concrete Products Ltd, Buncrana, Co Donegal. It is claimed the firm, among other things, provided blocks and ready-mixed concrete which were not fit for purpose and did not meet the specifications advertised.
The case is also against Donegal County Council which, it is claimed, as the relevant “market surveillance authority” in relation to construction products, failed to ensure the Cassidy blocks were removed from circulation or to perform appropriate checks on the product.
They are also suing the National Standards Authority of Ireland, claiming that as the national certification body it allegedly failed to adequately and/or fully perform its obligations.
All of the claims are denied.
