MONDAY, MARCH 16, 2020
Shell E&P purges contempt in Erris land proceedings
Shell E&P Ireland – the former operator of the Corrib Gas project – has been deemed to have purged its contempt of a district court order.
Civil proceedings initiated by Monica Muller, Rossport South, North Mayo against Shell E&P Ire land Ltd. Corrib House. 52 Lower Leeson St. Dublin 2 were concluded in Ballina District Court last Friday when Judge Fiona Lydon found, in accordance with a Supreme Court ruling, that the defendant company had been in contempt of a court order when it entered commonage lands at Rossport and Muingnabo without notification in 2007 and 2008.
Judge Lydon said the defendant had already complied with the requirements of her predecessor Judge Mary Devins, who originally ruled on the issue of contempt.
In light of that and an apology to the court last Friday by the principal of Shell’s successor in the Corrib Gas project, Judge Lydon made no further order, deeming that the contempt had been purged. She directed that the issue of costs be decided by the defendant and plaintiff and gave liberty to apply in the event of no agreement.
The court heard that the original contempt ruling had been referred to the High Court by way of a case stated. The High Court found in Shell’s favour but Ms Muller was subsequently successful in appealing the High Court’s finding to the Supreme Court. The case came back before Judge Lydon for sentencing last Friday.
John Gordon. solicitor for Shell E&P Ireland Ltd. asked that Mr Darcy Kirwan be allowed to give information on the involvement of the current Corrib Gas operating company in respect of the events that led to the contempt of court proceedings. Mr Kirwan explained that he is an engineer and holds the position of managing director of Vermillion E&P Ireland.
Vermillion became a minority partner in the Corrlb Gas project in 2009 after the actions that represented contempt of court. As a minority partner. Vermillion would not have had any influence over Shell E&P Ireland’s operations.
Shell E&P Ireland subsequently sold its interest in the Corrib project and today Vermillion is one of the three partners involved and owns a 20 per cent stake.
“We are the operators. There are three partners one of which is always nominated as the operator.”
Mr Kirwan stressed that Vermillion adopts a collaborative partnership approach to dealing with its neighbours and has absolute respect for any and all orders of the court. He apologised for the actions of Shell E&P Ireland in 2007 and 2008, saying the legal advice was clear that that company should not have gone onto the lands. Mr Kirwan assured the court it would not happen again.
Mr Gonion said his client was prepared to agree reasonable costs with the applicant and to accept responsibility for those costs.
Judge Lydon said the proceedings were technical and academic and covered uncharted territory. She cornplimented Mr Kirwan’s attitude and said it might be of some solace to the plaintiff that there are different people at the helm of the company now.
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