Thursday 27 October 2016

Volkswagen case taken by Roscommon nurse put back to new year

Published 16/09/2016 | 14:23


A LEGAL case being taken by a Roscommon nurse against Volkswagen has been adjourned until next year after the car manufacturer secured a judicial review in the matter.

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The case being taken by mother-of-three Eithne Higgins, Croghan, Boyle, Co Roscommon came before Castlebar Distrcit Court once again this morning where it was adjourned until January.

The adjournment follows a judicial review secured by Volkswagen in the High Court yesterday. This prohibits Ms Higgins’ case going ahead until the review is completed.

When the case was called before Castlebar District Court this morning, the High Court order in relation to proceedings was read into the record.

Judge Mary Devins said she was only made aware of the development at 4.50pm yesterday adding the actions were “obviously done at the very last second”.

Volkswagen is challenging the jurisdiction of the District Court to hear the case.

The car manufacturer’s application to the High Court also requests that the respondent’s case be heard before another judge other than Judge Devins.

Judge Devins said she had not been aware of this aspect of the application until this morning adding; “I don’t understand it.”

Counsel for Ms Higgins, Evan O’Dwyer said he had also been unaware of this request.

Mr O’Dwyer said a motion listed for hearing today concerned the question of jurisdiction.

However, he said that less than 24 hours before the motion they were looking for was discussed the “procedure had been entirely stopped in its tracks”.

Judge Devins agreed to a request from Mr O’Dwyer that audio recordings of all proceedings from May onwards be made available to him.

She asked that all these recordings also be furnished to the High Court in whatever form it required.

Ms Higgins is seeking compensation after Volkswagen admitted cheating on emissions tests last year.

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