Courts / Ireland / Report

'Lamentable tale' of widow defrauded out of family home by daughter

Summary

In a High Court case at the charge_or_pretrial stage, Mr Justice Brian Cregan ruled on claims brought by applicant Marie Gibson against her daughter Pauline Gibson, solicitor Kevin O'Gorman, and receiver Paul McCleary. The judge found that Pauline Gibson defrauded her parents of their family home in 2003, a transfer that was set aside due to fraud and undue influence. Although Pauline Gibson did not participate in the proceedings, the court accepted Marie Gibson's evidence over that of Mr O'Gorman, who was found to have acted with gross negligence but was not accused of fraud. The judge described the situation as a "lamentable tale," noting that the elderly widow discovered the fraud only after her husband's death in 2017. While the judge set aside the 2003 transfer, he did not conclude the litigation. Instead, after handing down his judgement, Mr Justice Cregan adjourned the matter to a date in January. Several issues remain outstanding, including the quantification of damages to which the plaintiff is entitled. The court noted that Marie Gibson has since disinherited Pauline Gibson in a new will, and the family has been unable to contact her since the discovery of the fraud.

Who, what, where, when and why

What: Report matter: 'Lamentable tale' of widow defrauded out of family home by daughter. Procedural stage: charge_or_pretrial

When:

• 2022-12-14 Publication

Case subjects

Places mentioned

Topics

Fraud Stage Charge Or Pretrial

Read the original CNI report