LAWYERS FOR leading builder Séamus Ross have apologised to the Commercial Court for failing to produce 400 documents in a long-running case over defects in hundreds of north Dublin houses.
Brian O’Moore SC, for four companies owned by Mr Ross, yesterday admitted there were shortcomings in his side’s discovery of documents to the defendant in the case, the Lagan group of companies.
The two sides are disputing liability for the defects which have appeared in three housing estates built by Mr Ross’s companies using infill material supplied by the Lagan group.
Mr Ross’s companies claim defective infill from Baylane quarry, owned by a Lagan subsidiary, caused the problems. They say this happened because the infill contained pyrite, which caused cracking and swelling in the houses.
The Lagan group denies the claims and says the problems arise from bad workmanship and design. The outcome of the case will decide liability for up to €60 million in damages to the houses.
Yesterday, Mr O’Moore said the failure to produce documents could not be laid at the door of his clients. The problem lay “elsewhere”. The documents were not made available because of “human error” in the legal team generating the discovery of the documents.
Lawyers for the Lagan group prepared a motion to have the proceedings by Mr Ross’s companies struck out because of the plaintiff’s failure to discover the documents, but later consented to this being adjourned.
Earlier in the proceedings, Mr Ross’s legal team put forward a similar motion, which was also not proceeded with, prompting Mr O’Moore to comment yesterday that both sides now had “a matching pair of swords of Damocles” hanging over them.
Hugh O’Neill SC, for the Lagan group, said the plaintiffs should swear an affidavit explaining the failure to produce the documents.
Mr Justice Paul Gilligan said he wouldn’t require this given the approach being taken by both sides. Mr O’Moore told the judge that the documents would be produced within a week. The case is expected to end in November.
