M&S suffers more than €2m in losses due to fire, court told

Marks and Spencer Ireland Ltd (M&S) claims it has suffered more than €2 million in losses as a result of a major fire at Douglas Village shopping centre in Cork in 2019, the Commercial Court heard.

The department store’s case is now the third action over the August 31st, 2019, incident which started when an allegedly defective Opel Zafira B car went on fire in the shopping centre car park and spread to the centre itself causing some €30 million damage, including interruption to business.

The first of those cases was brought by the owners and operators of the shopping centre, Avoncore Ltd and Canmont Ltd.

Recalls

They sued Irish-incorporated Leeson Motors Ltd, which allegedly distributed and sold the Opel Zafira, the car manufacturers, Adam Opel GmbH, based in Germany, and Opel Automobile GmbH, also incorporated in Germany.

They also sued Vauxhall Motors Ltd, incorporated in the UK, as the party allegedly responsible for the conduct and management of recalls of the Zafira B vehicles in the UK and having liaised with Leeson Motors with regard to recalls in Ireland.

A second separate case was brought by retailers in the shopping centre, Callistoy Ltd, Amari Shoes Ltd, Sheehan Brothers Family Butchers Ltd, Layered Approach Ltd and Neville Jewellers Ltd.

Both those cases, which were initiated in 2020 have been case managed through the Commercial Court.

On Monday, M&S sought to have similar proceedings admitted to the commercial list over what it says has been damage to its store and business interruption, costing more than €2 million.

Cases

This was opposed by lawyers for some of the defendants who argued there was no need for admission to the fast-track list given the other proceedings are so far advanced.

The court heard, however, that all the parties were agreeable that if the M & S case was admitted to the Commercial Court, that case should be stayed pending the outcome of one of the first cases.

Mr Justice Denis McDonald entered the M&S case to the commercial list and agreed it made sense to adjourn it generally with liberty to re-enter at some future date. This would ensure everyone’s position is preserved, he said.