Bus firm settles action against Minister for Transport

A private bus company has settled their High Court proceedings against the Minister for Transport over a decision allowing Dublin Bus to change a route between Swords and Dublin Airport with the alleged effect of threatening the private company's business.

Swords Express had claimed the Minister's decision is unlawful and allows unfair competition by Dublin Bus.

Dublin Bus is a notice party to the action by Digital Messenger Limited, trading as Swords Express, of Lower Grand Canal Street, Dublin, against the Minister. The claims were denied.

This afternoon, following lengthy discussions outside the court, Mr Justice Daniel Herbert was told by Mr Frank Callanan SC, for Swords Express, that "matters had been agreed" between his clients and the minister. No terms of the settlement were outlined to the court.

However, the case was adjourned by Mr Justice Herbert after counsel for the notice party, Mr Brian Cregan SC, said that Dublin Bus would be seeking their costs. In response Mr Paul O'Higgins SC for the Minister and Mr Callanan said that they would be opposing that application.

The Judge said he was adjourning the case to tomorrow to allow all sides consider their position in relation to costs in light of the fact that the main issue between Swords Express and the Minister has been resolved. The case had been expected to last for two days.

Previously, the court heard that Swords Express had brought proceedings aimed at overturning a decision of the Minister for Transport allowing Dublin Bus alter its route from Swords to Dublin - the 41X route - to permit the route pass through the Port Tunnel.

The private company alternatively wanted to overturn the decision of the minister that the alteration by Dublin Bus of its route does not cause it to compete with the Swords Express service between Swords and the Custom House Quay via the Port Tunnel.

Swords Express had claimed Dublin Bus is in receipt of a State subsidy and can afford to transport passengers at a lower fare than other licensed operators.