BNFL wants one judge to hear all cases over THORP

Lawyers for British Nuclear Fuels plc asked the High Court yesterday to nominate one judge to hear all applications relating …

Lawyers for British Nuclear Fuels plc asked the High Court yesterday to nominate one judge to hear all applications relating to the forthcoming action aimed at shutting down the THORP nuclear reprocessing plant.

Four Dundalk people have brought an action against BNFL in relation to THORP. Last year BNFL lost a Supreme Court appeal against a High Court ruling that the Dundalk people could sue BNFL in the Irish courts.

The action is also against Ireland and the Attorney General.

Yesterday Mr Paul Gallagher SC, for BNFL, applied for an order stipulating that all further applications regarding the action be made before a judge assigned by the President of the High Court.

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Mr Gallagher said that the Dundalk people were also seeking damages. The case involved many complexities and BNFL was asking the court to have one judge hear any such applications.

Mr Seamus O Tuathail, for the Dundalk residents, said the application was premature. The matter could perhaps be adjourned until the statement of claim had been issued on behalf of his clients, or until defences to that claim had been entered by BNFL and the other defendants.

Mr Feichim McDonagh, for the State, said his clients had no objection to BNFL's application. The Dundalk residents had been given three months to file a statement of claim.

Mr Gallagher said there had been considerable delay since the last court order had been made in relation to jurisdiction. His clients were anxious to have the matter expedited.

The President of the High Court, Mr Justice Costello, adjourned the application generally with liberty to either side to apply to the court.

The four Dundalk residents, Ms Constance Short, Ms Mary Kavanagh, Mr Mark Dearey and Mr Ollan Herr, claim the commissioning and operation of THORP constitutes a source of mental distress and psychiatric injury to them and their families.

They also claim that increased radioactive contamination from THORP will eventually result in the death of an estimated 2,000 people arising out of the first 10 years' operation of the plant.