Courts / Waterford / Report

Business consultant barred from acting as "McKenzie friend"

Summary

Ms Justice Leonie Reynolds of the High Court issued an order barring business consultant Eamon O'Neill from acting as a 'McKenzie friend' to advise lay litigants, citing that he was taking advantage of vulnerable parties. The judge noted that O'Neill, who lacks legal qualifications, had purported to give bad legal advice to defendants in a dispute over a commercial property in Waterford. Although O'Neill had previously apologized for a letter the judge described as scurrilous and containing untrue averments, he failed to attend court on Thursday to answer alleged contempt. The judge rejected his explanation for the absence, stating he appeared to think he was above the law, and directed him to appear next Thursday with a legal representative. O'Neill may then apply to have the barring order lifted. The underlying action involved a fund-appointed receiver, Mr Ken Kennell, who sought vacant possession of the property from owners Paddy Early, of Killea, Dunmore East, and Paul Kearney, of Islandtarsney, Fenor. The court had previously granted the receiver possession after finding the defendants had no defence to the claim that they were trespassers. On Thursday, the judge extended the stay on the possession order to allow CMD Early Dunmore East Ltd, which had recently obtained a solicitor, to bring a motion to set aside the order. The judge also directed Early and Kearney to swear an affidavit detailing payments made to O'Neill for his advice. The property had been put up as security for a €2.29m loan advanced by Ulster Bank in 2008, which fell into arrears in 2011.

Who, what, where, when and why

What: Report matter: Business consultant barred from acting as "McKenzie friend". Procedural stage: hearing_or_decision

When:

• 2019-05-09 Publication

Why: A High Court judge has made an order preventing a business consultant from acting as a legal advisor in court cases because he is "taking advantage of vulnerable litigants". CNI source report

Case subjects

Places mentioned

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Stage Hearing Or Decision

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Read the original CNI report