Councils must notify owners of disconnection

COUNTY councils wishing to disconnect the water supply of homes which have not paid water charges will have to notify all owners…

COUNTY councils wishing to disconnect the water supply of homes which have not paid water charges will have to notify all owners of the property separately, according to a judgment delivered yesterday in Dun Laoghaire District Court.

In one of four applications for disconnection sought by Dun Laoghaire Rathdown County Council yesterday, Judge Peter Smithwick, president of the court, ruled that where a house was found to be owned by two people jointly, the council would have to serve notice on both parties.

Judge Smithwick adjourned the case to allow the appropriate notices to be served on the householders. The council says it will proceed with the case in April unless payment in full is received before this date.

Anti water charge campaigners, who picketed outside the court during the hearing, said the judgment; was a landmark decision which would cause massive disruption to the efforts by the councils in Dun Laoghaire Rathdown, Fingal and South County Dublin to collect water charges.

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The Federation of Anti Water Charge Campaigns says the council should have to serve notice on all people living in a house.

However, the council said the judgment was "not of major significance" as most of its records were accurate. Householders who refused to pay the water charges would continue to be pursued and the council would seek to recover the costs in all cases where legal proceedings had been instituted.

In another case, one of the respondents refused to accept service of the summons, but the council was granted an order permitting alternative service of summons.

A third case was adjourned as the household involved had made arrangements to pay the charges, and an order to disconnect was, granted in a further case, with" costs of £300 in favour of the council.

Paul Cullen

Paul Cullen

Paul Cullen is a former heath editor of The Irish Times.