VW case put back in Dundalk

A case taken against car maker Volkswagen in connection with the emissions scandal, has been adjourned at Dundalk District Court.

The civil action is being taken in a personal capacity by Evan O’Dwyer, a solicitor who also represents a number of other litigants around the country.

Mr O’Dwyer is taking the legal proceedings against Volkswagen Group Ireland Limited and Volkswagen A.G and has lodged a statement of claim before Dundalk district court as he bought his car locally.

Barrister for Volkswagen Paul Fogarty told Judge Flann Brennan that he was applying to challenge the jurisdiction of the court in respect of the civil proceedings – which relates to contract law.

Sean T. O’Reilly, solicitor for Mr. O’Dwyer, said it is ‘a case that is very much in the news at the moment’ and he was seeking an adjournment to file a detailed replying affidavit.

He said that the motion was served on his client while he was on holiday, but the barrister for Volkswagen disputed this, saying it was served on July 6 and Mr. O’Dwyer had two months to respond.

After he heard it was the first time the matter was before the court, Judge Brennan said he would grant the opportunity to file a replying affidavit. He said he would adjourn the matter to November 8.

Mr. O’Reilly said he was glad that his colleague ‘decided to stay in court’ as he noted what happened in Castlebar district court the previous Tuesday when they threatened judicial review proceedings and walked out.

Mr. Fogarty argued that the claimant’s contract was with the dealer who sold the car and informed the court that as multiple cases are being taken against his client, a case management application is due before Dublin District Court on November 3 and then he would be have further information on the outcome of that hearing.