Courts / Kildare / Report

Contempt of court proceedings against Ben Gilroy struck out

Date
2016-01-21

Stage
Sentence

Primary locality
Kildare

County
Kildare

Summary

In a High Court hearing on 21 January 2016, Mr Justice Paul Gilligan struck out contempt of court proceedings against Ben Gilroy and Dermot Murphy. The proceedings had been brought by receiver Mr George Maloney, who was attempting to take possession of and sell lands owned by Paul O'Shea in Castledermott, Co. Kildare, to satisfy a €1.29 million judgment from Danske Bank. Maloney had obtained injunctions restraining O'Shea and others from interfering with his work as receiver. Gilroy and Murphy were alleged to have interfered with Maloney's attempts to secure the property. The judge, following an application by Maloney's lawyers, decided not to continue the contempt action, citing the alleged contempt as historical, the lack of recent incidents, and the receiver's need to "pick and choose his battles." No order was made on legal costs, and Gilroy was allowed to claim travel expenses to the Four Courts. The case was therefore dismissed.

Who, what, where, when and why

What: Report matter: Contempt of court proceedings against Ben Gilroy struck out. Charges or matters: contempt of court. Procedural stage: sentence

When:

March 2013 Incident
2016-01-21 Publication

Why: The contempt proceedings, which have been before the court on many occasions, relate to Mr Maloney's attempts to take possession of and sell the property in order to satisfy a judgement for €1. CNI source report