Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
A COUPLE WHO sued Laois Co Council over flood damage to their home have settled their High Court action against the local authority.
Chris Mahon and his wife Shelia had brought proceedings arising out of flood damage to their family home at Clonaheen, Mountmellick, Co Laois that occurred in August 2008 and in November 2014.
The Mahons claimed the council were negligent in the matter in which they allowed works to be carried out on a culvert, located underneath the road beside their home. These works they claimed resulted in the flooding of their property.
The council denied the claims.
Following talks between the parties today, John Hayden Bl for the Mahons told Justice Paul McDermott that the proceedings had been compromised and could be struck out.
Counsel said it had been agreed that the council will carry out flood relief works in the area near the Mahon’s home within 12 weeks.
No other details of the settlement were given in open court. Michael Counihan SC for the Council said the alleviation works will be done by the council on a “voluntary” basis.
Justice McDermott welcomed the settlement, particularly that steps are to be taken to prevent another flood at the Mahon’s home. The Judge had described Mahon’s account of the floods as “an appalling story.”
Giving evidence on the opening day of the action, Mahon had described how he had been left “destroyed” after the family’s house and property was devastated by the two floods.
The Mahon’s claimed the flooding was caused after a new culvert was laid by the Council in 2007. They claimed they never had any problems with flooding before those works were done.
In their action the Mahon’s claimed the council were negligent in the manner in which those works were carried out. They claimed part of the culvert, installed so there would a continuous flow of water in a stream near their home, collapsed and became backed up.
This resulted in the stream overflowing and their home and property was twice extensively damaged by water flowing across their yard, driveway and into their home.
The culvert they alleged was constructed in a defective manner, and that the council failed to take any remedial steps to repair the defects. They sought damages and an order requiring the council to carry out works to prevent further flooding.
The council claimed the flooding was caused by intense rainfall of record proportions and not by any problem with the culvert.
It also alleged the Mahon’s contributed to the flooding on grounds including that when they constructed a new entrance to their property and removed a clay embankment that had protected the property from flooding.
To embed this post, copy the code below on your site
I’ve no medical experience whatsoever, but I’d be of the opinion that a lot of changes could happen to a person in 5 years. It seems like a long interval between tests.
@Patrick J. Keating: my reading of the science, from the article, is that in effect the HPV test detects potential cancer earlier, and that by extending the intervals more testing can be concentrated on people at medium to high risk of developing cancer.
@Patrick J. Keating: if you are hpv negative then the risk of developing cervical cancer is low therefore the intervals are further apart. If you are HPV positive then the risk is higher then the intervals are closer together so you can be monitored of any changes. Having the HPV veirsus does not mean you will get cervical cancer but not having the HPV virsus means you are unlikely. Hense the difference in interval times so the resources can be put to those who need it most.
@Rmaybe: if you’re HPV negative you should be getting the vaccine.
@Alan Peters: this is not true. Apart from the fact that there are not enough enough safety studies for women over the age of 26 receiving the vaccine, it not being detected in your smear does not mean you have not had previous exposure nor does it mean it will be effective and at €690 for a 3 shot course it’s out if the reach of many women. Regular screening is currently the best precaution for older women who are already sexually active.
@Patrick J. Keating: probably best to leave it up to those who do have medical experience so.
This was changed practically by stealth…a lot of women dont know about this change. The previous smear tests tested for abnormal cells as well as HPV. Now we are only testing for HPV and only when a positive result is recorded do we then investigate further regarding these abnormalities. After all of the scandal regarding cervical check I’m amazed anyone is still using the service. I pay privately in Northern Ireland for full screening every 3 years (or as often as I choose)
@Lynn Mcdonald: Irish health service run by Irish that’s what you get
@Lynn Mcdonald: The old smear tests tested for abnormal cells, never for HPV unless there were abnormal cells present. The thing is HPV is the biggest cause of cervical cancer. But a person may potentially have had HPV but yet not developed abnormal cells so could have gone on to develop cervical cancer by the time the next smear came around. So this screening is actually better.
https://www2.hse.ie/screening-and-vaccinations/cervical-screening/what-cervical-screening-is.html
@Lynn Mcdonald: any women who go for their smear test are given this information
Five year testing intervals will mean more preventable deaths. A very bizarre decision.
@Mike Dunne: according to the studies referenced in the article, if even 10% of capacity generated were then focused on the higher risk cohort it will actually save 554 lives overall each year, I’m assuming these are UK figures however.
@Mike Dunne: The science speaks for itself in this case.
Not happy with those the HSE have already passed over now they are openly putting more women at risk and think they doing a good job.
Scandal after scandal.
@Derek Anderson: try researching before posting Derek cos that’s not true
So that that can’t be responsible for missing something. You’d think they’d want to improve the service, seeing that they have Literally Killed people with their negligence. A Lot can change in 5 yrs so they can just say well Your body changed we didn’t miss anything
@Orela Krawczyk: this is improving the service. It is screening for a virus that could cause changes before they actually happen rather than waiting for the changes to happen and then provide treatment
People choosing to be outraged rather than reading the article.
@EillieEs: I suspect plenty have just read the headline without any further reading or listening to their nurse when they’ve gone for their smear
I get private smear 100e in between the Cervical check appointments. Please inform all the ladies in your life, it could save a life.
@Sharon Weldon: Did you know, that once you go private and something is found that needs further investigating, you are removed from the HSE process, so won’t be referred for a colposcopy. It isn’t that easy then to have one privately. https://www.irishexaminer.com/news/arid-30943439.html
have your say