Courts / Dublin / Report
Couple claim hotel they say is family home was sold in breach of human rights
Summary
In an appeal-stage matter before the High Court, Patrick Halpin and Ann Keane, operators of Aberdeen Lodge Hotel in Sandymount, Dublin 4, alleged that the sale of the property by Everyday Finance DAC to Stairway Property Company Ltd under the 1881 Conveyancing Act was unconstitutional and breached the European Convention on Human Rights. The couple, represented by John Kennedy SC and Peter McKenna BL, instructed by solicitor Eugene Carley, sought declarations that the sale was null and void and that the property constitutes their family home. Stairway, represented by Padraic Lyons SC, disputed the family home claim and initiated separate proceedings seeking an injunction for possession, alleging the couple's action was an abuse of process. The State, represented by Brian Conroy SC, and Everyday Finance, which stated it did not understand why it was sued and sought to be let out of the action, also participated. Mr Justice Mark Sanfey agreed to establish a timetable for the exchange of legal documents in both actions. The matter was adjourned and will be next mentioned before the court later this month. The property has been subject to lengthy legal proceedings regarding possession, following the sale of an alleged €24m debt to IBRC to Kenmare Property Finance and subsequently to Everyday Finance.
Who, what, where, when and why
What: Report matter: Couple claim hotel they say is family home was sold in breach of human rights. Procedural stage: appeal
When:
- 2023-11-09 Publication
Case subjects
Applicant
Applicant
Places mentioned
- High Court
- Court of Appeal
- Supreme Court
- Park Avenue
Topics
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