Iarnród Éireann is seeking a High Court injunction against the owners of a house who have allegedly built an outbuilding backing on to a rail line which, due to run-off from the recent heavy rainfall, caused the collapse of an embankment and the temporary closure of the Dart line in Malahide, Co Dublin.
Iarnród Eireann and Córas Iompair Éireann (CIÉ) claim Kieran Brady and Virginia Synnott had the outbuilding constructed to “a very significant extent” on CIÉ-owned land behind their property at Ashleigh Lawn, Malahide.
On Friday, Judge Brian Cregan granted barrister Raymond Delahunt, for Irish Rail and CIÉ, permission to serve the proceedings on Brady and Synnott with short notice.
Delahunt told the judge there had been correspondence with the defendants’ solicitor, who replied that the land belonged to them and that there was some negligence on the transport companies’ part. They refused to give undertakings to remove the outbuilding and reinstate the boundary line with the rail lands, the court heard.
Counsel said there were serious concerns, given the continuing inclement weather, for the operation of the Dart and for public safety.
The judge said the case could come back next week.
Irish Rail chartered engineer David Gannon said in an sworn statement that the large outbuilding structure was made of concrete blocks and the surcharge of water run-off from it on the crest of the embankment caused its failure on or about January 29th last.
This soil slip led to the closure of the Dart line for a short time while it was cleared. It led to significant delays in the proper operation of the Dart, he said.
It also meant that trains were required to slow down to 25mph (40km/h) at the site of the slope failure in case of further soil slips.