Volkswagen seeks to stop Judge Devins hearing case

Anton McNulty

Legal representatives of Volkswagen Ireland are attempting to prevent Judge Mary Devins from hearing a civil case against the motor giant. They want to take the case from Castlebar to Dublin, where it would be before a different judge.
Volkswagen was last Thursday given permission to bring a High Court challenge to the District Court in Castlebar’s jurisdiction to hear the case for damages being brought by Eithne Higgins from Croghan, Boyle, Co Roscommon.
The case was due to be heard in Castlebar District Court before Judge Devins on Friday, but was it was postponed when the High Court granted Volkswagen leave to seek a judicial review. The German motor giant claimed that Judge Devins had already decided on the issue of jurisdiction without a proper hearing.
In making the challenge to halt the case, they claimed there was an ‘absolute inversion of fair procedures’ and a ‘number of fundamental flaws’ in the case in Castlebar District Court.
The court also granted an order prohibiting the case from going ahead at Castlebar District Court until the judicial review is complete. The case returns to the High Court next month.
Last year it emerged that Volkswagen had fitted some of its vehicles with software designed to trick emissions testers.
Ms Higgins bought her car in Ballyhaunis and her case against Volkswagen, brought by Ballyhaunis-based solicitor Evan O’Dwyer, is the first to be heard in Ireland.
Earlier this month, Volkswagen had objected to their senior engineer being called to give evidence in the case. When Judge Devins rebuked the objection, the company’s legal team walked out of the court.
Volkswagen wants all cases arising from the emissions scandal to be heard by the District Court in Dublin. Mr Paul Gardiner, SC for Volkswagen, argued that the fact that the car was bought in Mayo did imply the case could be heard in Castlebar.
Judge Anthony Barr said he was satisfied that Volkswagen had raised an arguable case and granted leave to seek a judicial review.
He also said it was appropriate to grant an order prohibiting the case from proceeding at the District Court until the High Court decides whether or not it has jurisdiction to hear the case.
Meanwhile, an Irish MEP raised the issue of the Volkswagen emissions case in the European Parliament, where she highlighted the fact there was no mechanism for a legal class-action existing currently at EU level.
Midlands-North-West MEP Marian Harkin praised those who instigated the court case in Castlebar on behalf of Irish and EU citizens.
“This case brings to the fore the fact that we have no mechanism for a class action to be taken at EU level—and we must deal with this issue. Volkswagen settled on a figure of €15 billion in relation to a class action taken in the US. EU citizens deserve no less than US citizens when it comes to defending their rights. Well done to those who took the case and those who decided to hear the case in Castlebar,” she told fellow MEPs at the Strasbourg-based parliament.