Courts / Waterford / Report
Judge warns litigants over bad advice
Summary
A High Court judge has warned litigants of the consequences of taking bad advice from non-legally qualified persons. Ms Justice Leonie Reynolds made the remarks while granting a fund-appointed receiver, Mr Ken Fennell, possession of a commercial property located at Six Cross Roads in Co Waterford. The action was brought against Mr Paddy Early, Mr Paul Kearney, Mr Eamon O'Neill, and CMD Early Dunmore East Ltd. The judge noted that the defendants had no legal representation and had been badly advised by non-qualified individuals. It was claimed that Mr Early and Mr Kearney had received €2.29m from Ulster Bank in 2008, with the Crossroads Property as security. The loan fell into arrears in 2011, and Promontoria Aran Ltd acquired the loan in 2015. Mr Fennell was appointed a receiver in 2016 and sought possession of the property. The defendants opposed the application and claimed they had no right to be in the premises. 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. Ms Justice Reynolds found that the defendants had no legal defence to the receiver's claim and granted Mr Fennell possession of the premises. The judge also raised concerns over legal submissions from Mr Early, who had consulted Mr William Murphy, prohibited from acting as a legal advisor. Mr O'Neill apologised for a 'scurrilous' letter sent to various parties, including the Gardai. The judge imposed a one-month stay on the order to allow occupants time to find premises and adjourned the matter to a date in May.
Who, what, where, when and why
What: Report matter: Judge warns litigants over bad advice. Procedural stage: hearing_or_decision
When:
- 2019-04-11 Publication
Case subjects
Applicant
Outcome: 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.
Applicant
Outcome: 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.
Applicant
Outcome: 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.
Applicant
Outcome: 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.
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