Man entitled to €44k award over flood damage in 1994

A man is entitled to €44,757 for flood damage to his home caused 21 years ago by a roadway built by a neighbour without planning permission, the Supreme Court has ruled.

Michael Ambrose, of Aghalile Rd, Carrickmacross, Co Monaghan, successfully sued neighbour Patrick Shevlin in the High Court over damage to his home from the flooding in 1994.

Mr Shevlin appealed that decision and the Supreme Court yesterday dismissed the appeal.

In yesterday’s judgment, Mr Justice Frank Clarke said the case arose out of a period of heavy rainfall on February 25 and 26, 1994.

The previous year, Mr Shevlin had built a roadway or farmtrack on a field along the boundary with Mr Ambrose’s bungalow which is at a lower level.

On February 25, there was heavy rainfall and Mr Ambrose, concerned about water levels rising around his home, contacted his neighbour but got “no substantive response”, he said.

With the help of a council engineer, a JCB was brought in to dig a trench in the farmtrack allowing the water levels to subside. The next day, the trench had been filled in. It started raining again and this time Mr Ambrose’s home was flooded.

Mr Ambrose brought an action for damages in which Mr Shevlin denied the farmtrack caused the flooding to the Ambrose property.