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High Court dismisses claim for damage to dwelling house allegedly caused by heavy vehicular traffic, on grounds that plaintiffs failed to establish that traffic was unusually heavy, or that cracking to house was caused by vibration.
Claim arising from alleged damage to property - nuisance - guest house - adjacent to exploration works (Shell Corrib gas pipeline) - heavy goods vehicle traffic - vibration damage - dwelling house no longer habitable - claim against local authority and developer of works (Shell) - 1901 construction of building - purchase in 1996 by plaintiffs - seven metres from road - property for sale from 2007 - heavy goods vehicles passed from 2008 - no guesthouse business from Shell or its employees - plaintiffs moved to new dwelling house in 2010 - other property vacant from that date - cracks in house - plaintiffs mistaken as to dates of traffic - no other properties on same road suffering cracking - expert evidence - alternative explanation for cracking - subsidence - whether subsidence induced by traffic movement - failure to follow expert recommendations to monitor cracks - expert opinion based on factual material provided by plaintiffs.
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