Judgment: 2026-02-26 · Court archive

High Court rejects fresh challenge to Gaffney judgment mortgage over Meath family home

High Court · [2026] IEHC 148

Who, what, where, when and why

Who
  • Alan Gaffney
  • Derek Gaffney
  • Philip Gaffney
  • Teresa Gaffney
  • Ms Justice Egan
What

High Court rejects fresh challenge to Gaffney judgment mortgage over Meath family home

Where

Places mentioned in the report

  • Naul, Duleek, County Meath
  • High Court
  • Court of Appeal
When

Judgment:

Why

Reasons reported in the judgment

The High Court has rejected Philip Gaffney's latest attempts to reopen a long-running family loan dispute and challenge a judgment mortgage over a property at Naul, Duleek, County Meath.

The High Court has rejected Philip Gaffney's latest attempts to reopen a long-running family loan dispute and challenge a judgment mortgage over a property at Naul, Duleek, County Meath.

In a judgment delivered on 26 February 2026, Ms Justice Egan dismissed all reliefs sought by Mr Gaffney concerning earlier High Court and Court of Appeal decisions arising from a $372,043.70 loan made to him by his brothers Alan and Derek Gaffney.

The dispute began after Philip Gaffney secured an order from QVC in 2015 for Irish-themed souvenirs. His brothers advanced funding, but QVC cancelled the order in February 2016.

The High Court ruled in 2022 that the money was a short-term loan rather than an investment. Alan Gaffney obtained judgment for $272,043.70 and Derek Gaffney for $100,000. The Court of Appeal later held that Philip Gaffney's wife, Teresa Gaffney, was also a party to the loan agreement. Further appeals and attempts to reopen those decisions were unsuccessful.

Those judgments were registered as a judgment mortgage against property owned by Philip and Teresa Gaffney. In separate enforcement proceedings, the High Court confirmed in 2025 that the mortgage was well charged against the property and provided for its sale if the debt was not discharged within six months of the relevant order.

Philip Gaffney subsequently sought to challenge matters including the original trial, the judgment mortgage and a 2018 lis pendens. Ms Justice Egan held that the earlier litigation was final and that the issues were res judicata, meaning they could not be litigated again.

The judge also rejected an attempt to link the judgment mortgage to the separate 2018 proceedings, finding that the mortgage arose from the judgment in the 2016 case and was independent of the lis pendens.

The dormant 2018 proceedings were, however, struck out without an order for costs because both sides agreed they should end. That will result in the associated lis pendens being vacated.

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