High Court judge warns litigants of consequence of bad advice from lay people

Ms Justice Leonie Reynolds made the remarks when making orders in granting a fund appointed receiver possession of a commercial property located at Six Cross Roads in Co Waterford.

The judge said that parties in the case had no lawyers representing them, had been badly advised by persons with no legal qualifications, and would ultimately have to bear the large legal costs of any failed applications.

The action was brought against the property owners Paddy Early and Paul Kearney, the owners’ business consultant Eamon O’Neill, and a company, CMD Early Dunmore East Ltd, which it was alleged had an agreement with the owners to occupy the premises.

The order for possession was sought by Ken Fennell, who was appointed a receiver over the property

It was claimed that Mr Early and Mr Kearney were advanced some €2.29 million by Ulster Bank in 2008, for which the Cross Roads property was put up as security.

The loan fell into arrears in 2011 and Promontoria Aran Ltd acquired the loan in 2015. Mr Fennell was appointed a receiver over the property in 2016.

Mr Fennell claimed that he was able to obtain possession of and has sold two other properties of Mr Early and Kearney, but was unable to obtain possession of the Cross Roads property and brought proceedings aimed at securing possession of the premises.

The defendants, who it was claimed were in occupation of the premises, had no right to be there and were trespassing, Mr Fennell claimed in his application for vacant possession.

The defendants had opposed the application and had rejected the receiver’s claims.

The matter had been before the court and adjourned on a number of previous occasions, most recently to allow the parties to obtain lawyers to represent them.

On Thursday, Ms Justice Reynolds, after being satisfied the defendants had no legal defence to the receiver’s claim, made orders granting possession of the premises to Mr Fennell, represented by Brian Conroy BL.

The judge told the owners that they had been badly advised by Mr O’Neill.

In reply, both men said that they had tried but were unable to get a lawyer to represent them.

The judge also raised concerns over legal submissions offered to the court in respect of the dispute which Mr Early told the court had been put together after he was in contact with a William Murphy, who is prohibited by the High Court from acting as a legal advisor.

The judge said that a letter sent to various parties, including the gardai, by Mr O’Neill was “scurrilous” and contained averments about what had occurred in court that were simply not true.

The judge said when the matter returns before the court on the next occasion, she expected Mr O’Neill to have a legal representative to answer what she said was his alleged contempt.

Mr O’Neill apologised to the court to the court for what was contained in the letter.

The judge then put a stay of one month on the order to allow the occupants time to find premises and adjourned the matter to a date in May.

Aodhan O Faolain, Ireland International News Agency Ltd.