Decision on €47m claim by company delayed

A decision on a €47 million compensation claim by Jackson Way, which is currently under investigation by the Flood tribunal, …

A decision on a €47 million compensation claim by Jackson Way, which is currently under investigation by the Flood tribunal, has been delayed while it applies to be restored to the UK companies register.

The Birmingham-registered company, which is seeking the compensation for the routing of the South-Eastern Motorway across its land, was struck off the register in January.

In recent weeks, however, it has petitioned to be restored to the register.

Unless it is reinstated, the company will not be able to claim any of the money it is awarded in compensation for the compulsory acquisition of 20 acres for the motorway.

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The arbitrator who is assessing the claim, Mr John Shackleton, originally said he would announce a decision by February. However, he is now not expected to rule for another three months.

Mr Shackleton presided over a lengthy arbitration hearing in Dún Laoghaire which concluded last November. Dún Laoghaire/ Rathdown County Council said it was willing to pay €7.6 million for the 20 acres of land it acquired at Carrickmines in June 2001.

UK authorities wrote to the company a number of times late last year after it failed to file returns due in May 2002. It is not clear whether the failure to file returns or to respond to these warnings was accidental or deliberate.

Earlier, the Supreme Court ruled against the council, which had sought to postpone the arbitration hearing until after the tribunal had reported.

However, the council could take further legal action to prevent a payout if the arbitrator does make a substantial award to the company.

The tribunal is currently investigating allegations by the lobbyist Mr Frank Dunlop that he paid bribes to nine councillors.

The money was allegedly paid in return for their votes on motions to rezone the land owned by Jackson Way and a predecessor company, Paisley Park.

Paul Cullen

Paul Cullen

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