Judge warns of consequences of taking advice from persons without legal qualifications


Judge warns of consequences of taking advice from persons without legal qualifications

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A High Court judge has warned of the consequences of taking bad advice from non-legally qualified persons.

Ms Justice Leonie Reynolds made the remarks when making orders granting a fund-appointed receiver possession of a commercial property at Six Cross Roads in Co Waterford.

The Judge said that parties in the case, who had no lawyers representing them, had been badly advised by persons with no legal qualifications, and would ultimately have to bear the large legal costs of any failed applications.

The action was brought against Paddy Early, Killea, Dunmore East, and Paul Kearney, Islandtarsney, Fenor, both Co Waterford, who are the owners of the property.

The action was also against Eamon O Neill, the Quays Waterford, who the court heard acted as a business consultant for the owners, and against CMD Early Dunmore East Ltd, a company of Roundabout Centre, Six Cross Roads, which it was alleged had an agreement with the owners to occupy the premises. The order for possession was sought by Ken Fennell, who was appointed a receiver over the property. The court was told that Mr Early and Mr Kearney were advanced €2.29m by Ulster Bank in 2008, for which the property was put up as security. The loan fell into arrears in 2011 and Promontoria Aran Ltd acquired the loan in 2015. Mr Fennell was appointed as receiver in 2016.

Mr Fennell claimed he was unable to obtain possession of the Six Crossroads Property and brought proceedings.

The defendants had opposed the application.

The matter was in court and adjourned on a number of previous occasions.

Yesterday, Ms Justice Reynolds, after being satisfied the defendants had no legal defence to the receiver’s claim, made orders granting Mr Fennell, represented by Brian Conroy Bl, possession of the premises.

The judge then put a stay of one month on the order to allow the occupants time to find premises and adjourned the matter to a date in May.


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Irish Independent


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