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Pair that re-occupied South Dublin house face €60k legal bill
Summary
A High Court judge ordered an unnamed man and woman to pay €60,000 in legal costs on a solicitor-client basis following injunction proceedings. Shawl Property Investments Ltd, which purchased the South Dublin property from a receiver, secured temporary injunctions after the pair re-occupied the residence, forcing out eight occupants. Ms Justice Leonie Reynolds ruled the defendants must cover the costs of the injunction application, describing the actions as wholly illegal. The judge refused to place a stay on the costs order but adjourned Shawl's request for an interim payment. The case was adjourned for one month to allow parties to discuss a timetable for the full hearing of the action. The defendants intend to defend allegations and bring a counterclaim. Shawl alleges the man and accomplices broke into the Dublin 6 property, changed locks, and forced out occupants, with the woman and her daughters entering later that evening. The woman had previously been jailed for contempt in May for refusing to comply with orders granting the receiver possession, though she was released in August after giving undertakings to vacate. The property was sold by a receiver after EBS secured a €9.4m judgment against the man in 2011. The matter remains ongoing, with the full action yet to be determined.
Who, what, where, when and why
What: Report matter: Pair that re-occupied South Dublin house face €60k legal bill. Procedural stage: sentence
When:
- 2019-02-08 Publication
Why: Mr Fanning said the costs were on a solicitor-client basis, the highest level of legal fees, in order to mark the "wholly illegal" actions of the defendants who he said could have no defence to the claim against them. Defence account reported by CNI
Case subjects
Defendant
Outcome: Arising out of the woman's refusal to comply with orders granting the receiver possession, she was jailed for contempt last May.; The judge, in agreeing to measure costs on a solicitor-client basis, refused to put a stay on the order, but adjourned a request by Shawl for an interim payment of the legal costs incurred.
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