The High Court has permanently barred Ben Gilroy from advising or assisting anyone in litigation in an Irish court in a representative capacity, including as a “McKenzie Friend”. The order followed an application by Allied Irish Banks plc (AIB) in proceedings to enforce a €3.26 million judgment against Seamus McQuaid.
In a judgment delivered on 10 September 2018, Mr Justice Robert Haughton also restricted Mr Gilroy from bringing further proceedings against AIB or its directors, employees or legal representatives without the President of the High Court’s permission. Any further motions by Mr Gilroy against AIB or others in the existing case require permission from the judge in charge of the Commercial Court list.
The judge ordered Mr Gilroy not to attend at or near AIB’s Bankcentre office in Ballsbridge, Dublin. He also proposed restrictions on attending at or near the homes or properties of named AIB personnel and others, and on how documents could be served. Because those additional restrictions were not included in AIB’s original motion, the court said it would hear further submissions on their precise wording before finalising them.
The case began with AIB’s claim against Mr McQuaid for money lent. In February 2017, the court entered judgment for €3,256,217.49, plus interest and costs. AIB later said that properties subject to its security had been transferred towards a trust involving Mr Gilroy and another defendant. The court described the transfers and Mr Gilroy’s involvement as part of the background to his joinder to the enforcement proceedings; Mr Gilroy had been ordered to help reverse the transfers.
The judgment records two criminal contempt convictions against Mr Gilroy in the proceedings. On the first, he pleaded guilty over statements in an affidavit and received 80 hours of community service in place of a three-month prison sentence. On the second, he was found guilty over correspondence the court considered threatening. A 28-day prison term was to apply if he breached undertakings about contacting the bank’s solicitor and personnel. Those contempt matters were distinct from the 2018 application for restrictions.
Justice Haughton found that Mr Gilroy had repeatedly pursued unfounded applications, repeated arguments already rejected, and used proceedings and correspondence to intimidate AIB, its staff and lawyers. He concluded that Mr Gilroy was unsuitable to act as a McKenzie Friend and that restrictions were needed to protect court processes and the rights of others. The judgment did not impose a general restriction on Mr Gilroy starting any court case: the further-proceedings restriction applies to claims against AIB and specified associated people, subject to permission. The court directed that notice of the McKenzie Friend injunction be given to the High Court’s Principal Registrar and the Courts Service chief executive.