Solicitor cannot defend trespass action

A retired solicitor, Brian O’Donnell, and his wife, Mary Patricia, cannot, arising from their bankruptcy, defend a bank’s action to prevent them trespassing on their former family home at Gorse Hill, Killiney, a High Court judge has ruled.

Among various defences and a counterclaim to Bank of Ireland’s action, the couple alleged they have a “right of residence” permitting them to live in Gorse Hill, though their four children were obliged, by court orders and after a long legal battle, to vacate the luxury property last March.

In their counterclaim, the couple also alleged the €71m judgement obtained by Bank of Ireland against them in December, 2011, should be set aside, on grounds including alleged fraud.