Lagan and States to defend legal action brought by Forest homeowner
Monday 28th October 2013, 1:00PM GMT.
LAGAN Construction and the States will fight legal action being taken by a couple who claim they were forced to move from their house because of the airport runway refurbishment project.
Ian and Catherine Birnie, whose home is about 100ft from the perimeter fence of the southern compound, in Vue de L’Eglise, Forest, are suing the States and the contractor for £200,000 for problems they claim to have had with noise, vibration, light, dust, and noxious vapours as well as the cost of rented accommodation.
But in defences filed to the court, both defendants deny that there was actionable nuisance or that the couple were entitled to any damages or injunctive relief.
‘It is denied that the plaintiffs, or either of them, have suffered the alleged or any loss and/or damage and it is denied that the same was caused or contributed to by the matters complained of,’ papers in defence of the States said.
It said no admissions were made as to the extent of any loss and/or damage and suggested the plaintiffs needed to prove their claims.
The defendants both denied that the house was owned by Mr Birnie, as stated in the plaintiff’s claim, and added that cadastre records showed the property was registered in Mrs Birnie’s name. The States also denied that there was any nuisance or other interference with the couple’s human rights, as accused.