OMAGH BOMB RELATIVES CASE STRUCK OUT
Omagh bomb relative's case struck out
The High Court has struck out a damages claim brought by the husband of one of the Omagh bomb victims against the Chief Constable and Secretary of State.
Laurence Rush, whose wife, Elizabeth, was one of 29 people killed in the atrocity, brought the case over "the failures in the apprehension, detection and pre-emptive arrest of the Real IRA members who planted the bomb".
Yesterday (Tuesday), a high court judge ruled that Mr Rush's case "did not enjoy the potential prospect of success".
Mr Rush had claimed that the police failed to act upon information received regarding the planting of the Omagh bomb in August 1998 and failed to give adequate warnings and implement sufficient and adequate evacuation procedures.
The defendants sought to have Mr Rush's case struck out on the basis that it disclosed no reasonable cause of action, or that it was frivolous or vexatious.
Granting the application by the Chief Constable and the Secretary of State, Master Bell, sitting in the High Court, ruled that the claim was unsustainable and without the potential for success. He struck out Mr Rush's action.
Mr Rush brought his action separately from the compensation claim brought by the families of other victims. In that case the High Court held four men liable for the massacre and ordered more than 1.6m in damages to be paid out to 12 relatives.
Mr Rush now has the option of mounting an appeal to the judgment against him.
The High Court has struck out a damages claim brought by the husband of one of the Omagh bomb victims against the Chief Constable and Secretary of State.
Laurence Rush, whose wife, Elizabeth, was one of 29 people killed in the atrocity, brought the case over "the failures in the apprehension, detection and pre-emptive arrest of the Real IRA members who planted the bomb".
Yesterday (Tuesday), a high court judge ruled that Mr Rush's case "did not enjoy the potential prospect of success".
Mr Rush had claimed that the police failed to act upon information received regarding the planting of the Omagh bomb in August 1998 and failed to give adequate warnings and implement sufficient and adequate evacuation procedures.
The defendants sought to have Mr Rush's case struck out on the basis that it disclosed no reasonable cause of action, or that it was frivolous or vexatious.
Granting the application by the Chief Constable and the Secretary of State, Master Bell, sitting in the High Court, ruled that the claim was unsustainable and without the potential for success. He struck out Mr Rush's action.
Mr Rush brought his action separately from the compensation claim brought by the families of other victims. In that case the High Court held four men liable for the massacre and ordered more than 1.6m in damages to be paid out to 12 relatives.
Mr Rush now has the option of mounting an appeal to the judgment against him.
Further Information
Publisher: TYRONE CONSTITUTION
Ref: TC/1993
Published Date: 20-May-10
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