The Supreme Court has ruled that Martin Horan was not entitled to a share of a £1,577,578 National Lottery win secured by a syndicate based around Ballyvary, County Mayo.
The winning ticket was bought in Castlebar on 6 January 2001 by Seamus O’Brien on behalf of the syndicate. The group had originally consisted of Horan, Frank O’Reilly, Michael McHale, John Joyce and O’Brien. Each member was to contribute £3 per week for two lottery draws and any winnings were to be divided equally.
Difficulties arose because O’Brien had previously allowed Horan to fall into arrears and had effectively advanced his contributions himself. The High Court found that Horan had made a £27 payment covering nine weeks of arrears in October 2000 and had not been told he was out of the syndicate.
On that basis, the High Court held in December 2004 that Horan remained a member and was beneficially entitled to one fifth of the jackpot.
The Supreme Court disagreed with the legal conclusion, while accepting the High Court’s findings of fact. Mr Justice Fennelly held that the original agreement required members to make their weekly contributions. There was no evidence that all members had agreed to vary that contract so that Horan could remain entitled to winnings indefinitely while in arrears.
The judge said O’Brien’s role as manager of practical matters did not give him authority to alter the contractual rights of the other syndicate members.
A significant fact was that only £6 was spent on the winning ticket, corresponding to four members rather than the £7.50 that would have represented five contributions.
The Supreme Court therefore held that Horan was not a syndicate member on 6 January 2001. It allowed the appeal and dismissed his claim to one fifth of the winnings.