Judge adjourns Shell application

The bitter legal row between Shell E&P Ireland and a number of local people over the route of the onshore pipeline linked to the Corrib gas field is set to continue into next year.

Shell yesterday sought and secured an adjournment of its application to discontinue its long-running legal action which led to last year's jailing of five Co Mayo men for 94 days. The company says the action is no longer necessary in light of its agreement to modify the route of the controversial pipeline following a recommendation to that effect by a Government- appointed mediator, Peter Cassells.

The motion to discontinue the action was due to be heard yesterday but was adjourned at Shell's request to allow the company time to respond to an affidavit from two of the four defendants in the case - Brendan Philbin and Breege McGarry. Declan McGrath, for Shell, said the affidavit had been received late on Tuesday and contained allegations relating to his side's good faith and to planning permissions and he needed time to address these.

The affidavit "delved fairly deeply" into the merits of the entire case, counsel said. That, he contended, was "an inappropriate exercise" and, given the nature of the affidavit, he expected the hearing of the motion to discontinue and other matters would take two days.

Because of non-availability of certain counsel on earlier dates and after being told by Mr McGrath there was no urgency on Shell's side, Ms Justice Mary Laffoy agreed to adjourn to January 16th next Shell's motion to discontinue the action. She also adjourned to that date other motions for discovery of documents in the action and for directions as to how counterclaims by the defendants should be treated.

However, the judge said the court would deal on November 10th next with a motion brought on behalf of Mr Philbin and Ms McGarry aimed at securing access to a document which Shell claims attracts legal privilege.

Lord Brennan QC, for Mr Philbin and Ms McGarry, said that if his side could use that document, it would assist their case. The document was relevant to the issues of damages and the bona fides of the company, he said.

The court was also told by counsel for Shell that "a process" has to be gone through in relation to the new pipeline route. This route would be narrowed down over time and there would be "greater clarity" relating to that route later, Mr McGrath said.

John Rogers SC, for the other two defendants - Philip McGrath and Willie Corduff - suggested that Shell could perhaps give his clients "some definition" relating to the compulsory acquisition orders served over their lands.

Last month, Shell E&P's deputy managing director, Terry Nolan, conceded that the original pipeline route had not been ruled out and also indicated that any modification taking the pipeline away from Rossport could take six to 12 months.

The court heard that two of the defendants, Peter Sweetman and Monica Muller, had agreed to withdraw their counterclaims and Shell's claim against them was struck out on the basis that Shell would pay their legal costs.