Court archive

Court reports mentioning Glencullen, Dublin

2022-11-25 · Dublin

Former head of finance at Our Lady's Hospice jailed for Spanish property scam

Denis Maguire, 65, former head of finance and company secretary at Our Lady's Hospice (OLH), pleaded guilty to deception for selling a Spanish property, Aloha Lake Village, Marbella West, at €37,500 in March 2015, far below its €240,000 market value. Maguire, who had no prior convictions, managed OLH's inherited properties and secured a resolution allowing him to dispose of the Spanish asset. He accepted a third‑party offer within 24 hours, without due diligence, and arranged the sale to Sun Orange Property LLC, a New York‑registered shell company. OLH suffered a loss of over €28,000 after liabilities were deducted. The scheme was uncovered following an HSE audit in September 2015. In November 2022, Judge Martin Nolan sentenced Maguire to 27 months' imprisonment, back‑dated to 17 October, citing the devious nature of the crime and the breach of trust he had owed to OLH.

2020-12-21 · Kerry

Court vacates legal notice placed over property by Bill Cullen

In a High Court hearing, Mr Justice Senan Allen ruled that a 'lites pendentes' notice registered by defendant Bill Cullen over Killegy House in Killarney, Co Kerry, must be vacated. The notice, which formally recorded a dispute over the property's ownership, was challenged by applicants including receivers Kavanagh Farrell, the Glencullen companies, Ulster Bank Ireland DAC, and Seaconview Ltd. These parties disputed Cullen's claim to a 50% interest in the property, alleging the action was not prosecuted bona fide. Cullen opposed the motion, asserting his entitlement to half the proceeds of any sale and rejecting claims that his 2018 action was insincere. He noted that separate proceedings by his partner, Jackie Lavin, had been settled in 2017. The judge vacated the notice on the procedural ground that it was not properly registered under the 2009 Land and Conveyancing Law Reform Act. While the court did not find the claim lacked bona fides, it held that even if Cullen succeeded in his main action for damages, this would not establish the beneficial interest required to maintain the notice. The matter was adjourned and will return before the court in the New Year.

2018-10-17 · Dublin

"It was just a couple of straighteners," man who admits beating 54-year-old to death told gardai

Anthony Walsh, 31, was arrested at his parents' home in Glencullen after the death of 54‑year‑old Dermot Byrne. Walsh pleaded not guilty to murder but guilty to manslaughter, and also admitted stealing a bank card, keys and a Zippo lighter from Byrne on 16 July 2017 at North St, Swords. During the arrest, Walsh told Garda Jason McDonnell that he had not intended to kill Byrne, saying "I didn't mean to kill him. He kept coming at me. It was just a couple of straighteners." The trial is proceeding before Justice Eileen Creedon and a jury of twelve.

2018-10-16 · Dublin

"He's dead. I didn't mean it. I didn't mean to kill him": mother tells of "deep shock" after meeting son

In the Central Criminal Court, Marie and Hugh Walsh testified that they met their son Anthony the morning after he beat 54‑year‑old Dermot Byrne to death outside a school in Swords on 16 July 2017. Anthony, 31, pleaded not guilty to murder but guilty to manslaughter and to theft of Byrne's bank card, keys and lighter. He told his mother, in tears, that he had not meant to kill Byrne. The court heard that Anthony had been in a fight, had called his father's phone, and had been arrested after a taxi ride to his mother's house. Witnesses described his physical state and the circumstances of the incident, and the trial continues before Justice Eileen Creedon and a jury.

2017-10-25 · Kerry

Jackie Lavin's action against partner Bill Cullen adjourned for "talks"

Jackie Lavin's High Court action against her partner, Bill Cullen, and Glencullen Properties Ltd was adjourned to facilitate talks between the parties. The case, listed before Mr Justice Paul Gilligan on Wednesday, concerns an alleged failure to complete a €1m deal for the sale of Killegy House in Co Kerry to Ms Lavin. Ms Lavin, of Osberstown House, Naas, claims she agreed to advance €1m to reduce Glencullen's liabilities in exchange for the property, which she describes as her home. She seeks specific performance of the sale and an order prohibiting the defendants from selling the house to others. Glencullen Properties, in which Mr Cullen is the sole shareholder and a director, denies all claims. The company acknowledges the €1m advance but disputes that it was part of an agreement to sell Killegy House to Ms Lavin. The matter was adjourned and is due to be mentioned before the court on Thursday morning.

2017-04-27 · Dublin

Jackie Lavin gets Bill Cullen action date

Jackie Lavin's High Court action against her partner Bill Cullen and Glencullen Properties Ltd over an alleged failure to complete a €1m deal for the sale of Killegy House in Co Kerry to the businesswoman has been scheduled for a hearing in October. Ms Lavin, of Osberstown House Naas Co Kildare, has brought proceedings against Glencullen Properties Ltd and Mr Cullen, also of Osberstown House, Naas. Mr Cullen is the firm's sole shareholder and a director of the company. The case was briefly mentioned before Mr Justice Paul Gilligan at the High Court on Thursday, who was informed that the matter would take five days to hear. The judge said that because of the volume of cases waiting to be heard, the court would not be able to hear a five day action between now and the end of July when the legal year ends. Noting that witnesses in Ms Lavin's action have to travel to Dublin from abroad, the judge said he was listing the case for hearing on October 25th next. In her proceedings, Ms Lavin claims she has been a longtime resident of Killegy House which she says is her home. She claims Ulster Bank created a charge over Glencullen's assets in 1999, including Killegy House. In 2009 Glencullen sought additional credit facilities from Ulster Bank to allow it continue to trade during the downturn. The bank, she claims, was unwilling to do this unless €1m was invested in the company. Following the sale of a property they had in Florida for US$7.25m, Ms Lavin said she agreed to advance Mr Cullen €1m so he could pay down Glencullen's liabilities. As part of the arrangement, Killegy House would be sold to her, it is claimed. She said she paid over €757,000 to the company but it has failed to complete the sale of the property to her. She claims she has suffered loss and damage as a result of being deprived of the opportunity to buy the house. After the company was placed in receivership, it secured an order from the Residential Tenancies Board requiring her to leave Killegy House. In her action, she seeks an order for the specific performance directing the sale of Killegy House to her. She also seeks an order prohibiting the defendants from entering into any contract for sale of the property other than with Ms Lavin. Glencullen Properties denies the claims and argues that she is not entitled to any of the orders she seeks. In its defence, the company says it accepts Ms Lavin agreed to advance Mr Cullen €1m so he could loan Glencullen funds to reduce its liabilities. The company denies the monies were advanced as part of an agreement to sell Killegy to Ms Lavin. Glencullen says it never agreed to sell her the premises for any sum of money nor is there any contract of sale between the parties. It also says that at no time prior to May 2013 did Ms Lavin mention any agreement involving her buying the property from Glencullen. The company also says Ms Lavin has failed to comply with the order it obtained requiring her to leave Killegy and has brought enforcement proceedings before the Circuit Court. Mr Cullen has not delivered a defence to the action.

2017-03-31 · Dublin

Bill Cullen sued by long term partner Jackie Lavin over alleged €1m house deal

Jackie Lavin and Osberstown House Naas Co, acting as applicants, are involved in High Court proceedings against Bill Cullen and Glencullen Properties Ltd regarding an alleged €1m property deal. Ms Lavin claims she advanced funds to Cullen to reduce company liabilities, with the understanding that Killegy House in Co Kerry would be sold to her. She alleges she paid €757,000 but the sale was not completed, causing her loss. She seeks specific performance of the sale and an injunction preventing the defendants from selling the property to others. The defendants deny the existence of a sale agreement. Glencullen Properties Ltd argues that while it accepts the loan was advanced, it never agreed to sell the premises to Ms Lavin and asserts no contract of sale exists. The company further contends that Ms Lavin signed a statutory declaration disclaiming any interest in the company's assets, including Killegy House, and failed to comply with a Residential Tenancies Board order requiring her to vacate the property. Cullen has not delivered a defence. The matter was heard before Mr Justice Tony O'Connor, who addressed a preliminary issue concerning the timing of document discovery from Ulster Bank, which is not a party to the case. A timetable for exchanging materials was agreed upon. The case was adjourned and will be mentioned before the court at the end of April.

2014-12-18 · Dublin

Second consultant resolves action against Beacon Hospital

Dr David Vickery, a consultant in emergency medicine based in Clonskeagh Dublin 14, has resolved his High Court action against Beacon Hospital Sandyford Limited, which he alleged had unlawfully terminated his contract of employment. The matter was heard before Mr Justice Paul Gilligan at the High Court on Thursday. Counsel for Dr Vickery, Ercus Stewart SC, stated that the matter had been resolved between the parties and the proceedings could be struck out. Marguerite Bolger SC, representing the hospital, read a statement acknowledging Dr Vickery's reputation and stating that the contractual matter had been satisfactorily resolved. Dr Vickery had previously secured temporary injunctions preventing the hospital from terminating his contract or making any announcements regarding his employment. The hospital denied the termination was unlawful. The settlement follows a similar agreement involving Dr Oisin Powell, another emergency consultant, who also secured temporary injunctions against the hospital last week. Both doctors had their hours reduced from 35 to 20 hours per week and claimed the reduction breached their contracts. The hospital had denied any wrongdoing in both cases.

2014-12-17 · Dublin

Consultant's High Court action against Beacon Hospital resolved

In a High Court case, Dr Oisin Powell, an emergency medicine consultant who had worked at Beacon Hospital since 2010, secured temporary injunctions preventing the appointment of a replacement and restraining the hospital from announcing his termination or questioning his fitness. He alleged the contract was unlawfully terminated after a dispute over reduced hours. The hospital denied wrongdoing. On Wednesday, Mr Justice David Keane heard that the parties had reached a settlement and the case could be struck out. Marguerite Bolger SC, representing Beacon Hospital, read a statement affirming full confidence in Dr Powell's professional abilities and that the matter was purely contractual, with no question of his clinical competence. No further settlement details were disclosed. The case had previously concerned the impact of the alleged termination on Dr Powell's reputation. The injunctions were obtained after the hospital reduced his hours from 35 to 20 per week, which he contested as a breach of contract.

2014-12-13 · Dublin

Consultant doctor brings High Court challenge against Beacon Hospital

A consultant doctor, Dr Oisin Powell, has filed a High Court challenge against Beacon Hospital, alleging unlawful termination of his employment. On 13 December 2014, Mr Justice Paul Gilligan granted temporary injunctions preventing the hospital from appointing anyone to Powell's position, from announcing his termination, or stating he is unfit to perform duties. The injunctions were issued ex‑parte and are returnable next week. Powell, who has worked at Beacon since 2010 under fixed‑term contracts, claims his hours were reduced from 35 to 20 per week in November 2014, a change he rejected as a breach of contract. He was informed of termination earlier that week, which he contends was unjustified and linked to his intention to pursue legal action over the hour reduction. The court's orders aim to protect his reputation and employment status pending further proceedings.