Tribunal cannot claim against Lawlor home

A HIGH COURT decision yesterday means the Mahon tribunal cannot pursue claims against the late Liam Lawlor’s home and lands in Lucan, Co Dublin, in order to meet legal costs of more than €430,000 due to it by the late TD.

Ms Justice Mary Laffoy ruled that when Mr Lawlor died in 2005, his interest in his family home and lands at Somerton, Finstown, Lucan, ceased and therefore various judgment mortgages granted to the tribunal against Mr Lawlor relating to the house and lands also ceased.

With Mr Lawlor’s death, the interest of the tribunal as judgment creditor regarding the house and lands “passed out of existence”, she ruled. Mr Lawlor had predeceased his wife without their joint tenancy in their home and lands being severed and, the house and lands accrued to Mrs Lawlor solely by right of survivorship.

The judge was ruling on an application to establish the effect of the death of Mr Lawlor on legal proceedings in which the tribunal had sought orders relating to the couple’s home and lands to satisfy debts of some €430,000 in legal costs.

The tribunal had initiated its proceedings in 2003 seeking “well-charging” orders against Mr Lawlor’s home and lands, then valued between €3 and €4 million, to satisfy various costs judgments granted to it in 2002 and 2003 prior to Mr Lawlor’s death.

In separate High Court proceedings, Mr Lawlor was ordered in November 2003 to pay some €275,000 within three months to a solicitor, Mr Dermot P Coyne, who had represented the former TD in legal proceedings.

On February 10, 2003, Mr Coyne had obtained judgment for €275,000, which was then registered against the Lawlor home at Somerton.