British Nuclear Fuels Ltd has applied to the High Court to have an action being brought against it by four Dundalk residents struck out on the grounds that they have not submitted a statement of claim.
The group, which is opposed to the THORP nuclear plant in Cumbria and seeking damages, was given leave by the Supreme Court in October 1996 to bring the case against BNFL. At that time the government was joined in the proceedings, initiated by STAD (Stop THORP Alliance Dundalk).
The incoming Government indicated it would fund the case being brought by STAD but became embroiled over the level of support it might provide. The Irish Times understands this issue is to come before Cabinet again on Tuesday.
According to a BNFL spokeswoman, the company applied to Dublin High Court on Wednesday requesting that the action be struck out "because the plaintiffs have not responded to repeated requests to serve their statement of claim". A hearing on this issue is set for December 8th.
The spokeswoman added: "BNFL has no desire to stifle proper consideration of the claim in the courts, but the company is still waiting for details of the claim more than a year after the Supreme Court judgment allowing the case to proceed. We cannot prepare a defence without the statement of claim." It would be unreasonable to oblige the company to continue with this uncertainty, she said.
But STAD's legal representative, Mr James McGuill, accused the company of a tactical move designed to have the case struck out before the issue of Government support was resolved.
He accepted that court rules apply time limits but these applied in both simple and complex cases. The STAD action fell into the latter category. The group would be seeking extra time. In any event, STAD had lodged a statement of claim in 1994 but BNFL had challenged it for two years, claiming an Irish court did not have jurisdiction to call the company before it. BNFL had lost on that front, he added.
One of the plaintiffs, Mr Mark Deary, said they would not be fazed by the BNFL move. "There is no question of us stepping down," he said.
