A Co Wicklow couple, whose successful legal battle over their purchase of a site for a house dragged on in the Irish courts for more than eight years, were yesterday awarded damages in a case taken to Europe against the State.
In a ruling by the European Court of Human Rights which will embarrass the Government, the court found the couple's rights under two articles of the European Convention on Human Rights were violated due to the extent of the court delays.
Mr Terence and Mrs Maureen Doran, Greystones, brought the case against the Government after enduring frustrating court delays, which caused Mrs Doran to suffer anxiety and depression.
The High Court action arose after the Dorans bought a plot in Greystones with planning permission in 1990 for just under €32,000 (£25,000). Building work on their new family home was under way when they discovered they had no right of access to the site from the road. They were forced to sell the land and in July 1991 started a legal action for negligence against the vendors, the vendors' solicitors and their own solicitors.
The case opened in October 1993 before the late Mr Liam Hamilton but was beset by delays, including a wait of almost a year for the judge to deliver his judgment, part of which the Dorans appealed. The High Court awarded the couple damages of €256,738 (£202,198) in November 1998 and costs aspects were finalised more than a year later.
Mr Doran then represented himself and his wife in the action against the Government in the Strasbourg court, claiming the length of the proceedings constituted a breach of their right to a fair hearing within a reasonable time and to an effective remedy. The court awarded €25,000 in damages.