[Article] Judge refuses compensation for Irish Rail disturbance

[Colm Moore]

http://www.irishtimes.com/newspaper/...291212558.html

Judge refuses compensation for Irish Rail disturbance

A JUDGE has decided that a pensioner who missed out on Irish Rail payouts in 2002 would not be compensated despite her evidence of sleepless nights and ongoing disturbance.

More than 100 inner city Dublin residents whose lives were disrupted by railway works near their homes nine years ago were paid close to €500,000 compensation by Irish Rail.

Dora Ivory, Upper Northbrook Avenue, North Strand, had her plea for compensation thrown out despite sharing the plight of her neighbours who were awarded between €2,000 and €7,000.

She told barrister Barney Quirke that for the eight months it took Irish Rail to build a railway bridge across East Wall Road, her home was covered in dust and dirt.

Ms Ivory said the vibration was so bad at times that the glass shelves in a case in which she kept a Waterford crystal collection had been shaken from their mountings and her collection had smashed on the floor. She told Judge Jacqueline Linnane that the work had continued day and night and she had been unable to sleep.

Ms Ivory, who is in her early 70s, said she had not been paid any compensation because her name had not appeared on a list of residents which had been supplied to independent arbitrator David Keane, who had since died.

She had no explanation why her name was not on the list. She had brought the list to a neighbour to be signed and was puzzled why her signature had not appeared on it.

Labour TD Joe Costello told the court that in 2002, when the works had led to disruptive street protests in his constituency, he negotiated an agreement with Irish Rail which had led to the appointment of Mr Keane to assess the damage to the homes of the residents.

The lists, which were not comprehensive, had been compiled by the North Strand Residents’ Action Group. For some reason, some residents, including Ms Ivory, who lived close to the bridge-building, had been omitted.

Judge Linnane accepted the submission of Finbarr Fox, for Irish Rail, that the findings of the independent arbitrator were final and binding on all parties. She struck out Ms Ivory’s claim and those of five other residents with no order as to costs. Fourteen other claims are now unlikely to proceed.