The High Court has outlined a number of preliminary issues which are to be decided by the court in advance of a full hearing of the action by four Co Louth residents aimed at closing the nuclear reprocessing plant at Sellafield.
Among those issues is whether the residents have a cause of action against the Irish State in circumstances where they suffered loss or damage because of alleged wrongdoing by British Nuclear Fuels plc (BNF).
The court must also decide if it has jurisdiction to decide whether BNF's THORP reprocessing plant at Sellafield should have been the subject of an environmental impact assessment (EIA) within the meaning of an EU Council directive.
Those issues are among a number set out yesterday by the President of the High Court, Mr Justice Finnegan, to be dealt with by the court in advance of the full hearing of the action brought by four Dundalk residents.
Ms Constance Short, Ms Mary Kavanagh, Mr Mark Dearey and Mr Ollan Herr are suing Ireland, the Attorney General, and BNF in an attempt to secure closure of the controversial Sellafield THORP plant, which was completed in 1992.
The focus of the proceedings against the State is its alleged failure to take action, including legal action, to prevent the THORP plant coming into operation.
The residents claim the THORP plant has severe environmental and health implications for Irish people, particularly those living on the east coast.
The residents also argue the activities at Sellafield should have been subjected to an EIA and a "justification procedure" set out in EU Council directives and are seeking declarations to that effect.
Mr Justice Finnegan's judgment yesterday was on an application for directions as to how the action should proceed.