Dunnes name can replace Margaret Heffernan in man's property case

Man claims his property in Blackrock, Co Dublin, has been interfered with by building work, including by the building of a car park for Dunnes

Margaret Heffernan speaking at the opening of Dunnes Stores on St Patrick Street, Cork: Her counsel said she had 'no involvement, good, bad or indifferent with the property'. File picture: Denis Scannell

Dunnes Stores head Margaret Heffernan has been removed as a defendant and replaced with a company name in High Court proceedings by a man who claims his property in Blackrock, Co Dublin, has been interfered with by building work.

Derek O'Shaughnessy, with an address at the Morning Star Hotel, Dublin, claims he owns the property at Redgate 1 and 2, Annaville Avenue.

He has claimed Mrs Heffernan and others interfered with his property rights, including by the building of a car park for Dunnes.

The alleged interference began, he says, when scaffolding was allegedly unlawfully erected around his Annaville Avenue property from June 25, 2022, to July 21, 2022.

He also claims a scaffolding firm unlawfully evicted him from his residence with the aid of members of the gardaí and work on demolishing his former home was carried out without appropriate permission from the council.

On Tuesday, Mr O'Shaughnessy agreed Mrs Heffernan's name could be removed as a defendant in the case, and substituted with Dunnes Stores Better Value Unlimited Company.

He also agreed five named gardaí from Blackrock and Dundrum stations could be replaced as defendants by the Garda Commissioner. He claims the gardaí wrongfully assisted in evicting him from what was his home.

Last month, Mr O'Shaughnessy was granted interim High Court orders preventing Thomas Corcoran, of scaffolding firm Blackhorse Scaffolding, Frank Curran, chief executive of Dún Laoghaire Rathdown County Council, the five gardaí and Mrs Heffernan from interfering with his property. All defendants deny his claims.

He had applied to Mr Justice Brian Cregan for the orders on an ex parte basis, which meant only he was in court on that day and none of the defendants.

Mr O'Shaughnessy, who is representing himself before the court, returned before Mr Justice Cregan on Tuesday when he said he was "trying to get at the truth" in bringing proceedings.

He said his home had been "bulldozed to a shell" and that Mr Corcoran, who is a scaffolder, was claiming ownership without any proof.

Lawyers for Mr Curran, the gardaí and Mrs Heffernan said Mr O'Shaughnessy had brought proceedings against the incorrect defendants and they were seeking that they be amended.

Mrs Heffernan's counsel, Martin Hayden SC, said his client also wanted the entire case struck out against his client as the pleadings showed no cause of action. He also said his client had "no involvement, good, bad or indifferent with the property".

As well as agreeing to the change of name for Mrs Heffernan and the gardaí, Mr O'Shaughnessy agreed Mr Curran's name as a defendant could be replaced with Dún Laoghaire Rathdown County Council.

The judge gave directions for exchange of affidavits between the defendants and Mr O'Shaughnessy and said the case could come back in March.