Family told they have 14 days to vacate house as repossession case referred to Law Society

By Ann O'Loughlin

A High Court judge has referred a case where a bank-appointed receiver obtained orders giving them vacant possession of a property that had been occupied by a couple and their two year old child to the Law Society of Ireland for investigation.

In a judgment, Mr Justice Tony O Connor made the referral after the court was told that "a solicitor" had given advice to the couple and the property's owner, who had opposed the bank and the receiver's application for possession.

The judge made the referral after he granted orders against couple David Lawlor and Charles Somers who had been living at the property since July, and the property's owner Mr Peter Doyle.

All three defendants attended at court and had opposed the orders in respect of a house located at Kildawn Lower, Redshire Road, Murrintown, Co Wexford.

The Judge said he was "troubled" by the contents of affidavits sworn by Mr Doyle and Ms Somers in defence of the injunction application.

Those documents contained "various points of law that were irrelevant to the situation," the Judge said, adding that the couple was not entitled to be on the premises, and were trespassers.

In particular, the couple, who the judge said were "vulnerable people" with a young child, had been "sold a pup."

In his ruling, the judge found that Start Mortgages DAC and Mr John Coulston were entitled injunctions including ones giving them vacant possession of the property.

Represented by Stephen Brady Bl Start Mortgages DAC and receiver John Coulston said the couple had no right to be on the premises and Mr Doyle's claim the property could not be sold, as it had been placed into a private trust, were without merit.

Start claimed it mortgaged the property to Mr Doyle in 2007 for €281,000. Mr Doyle it is claimed defaulted on the mortgage, with more than €42,000 in arrears, and Mr Coulston was appointed as receiver.

The property, which was left vacant for some time was put up for sale. Start and the receiver claim that Ms Somers and Mr Lawlor took up residence at the house in July.

When agents of the bank said they were informed by the occupants that they had a lease with Mr Doyle. Mr Doyle, who the court heard told the bank he was living in the UK, informed Start he was not consenting to a sale and that the property had been placed in "Private Contract Trust", and could not be sold.

Start and the receiver said they never consented to any such assignment, which counsel said was invalid and at odds with the mortgage agreement.

Similar arguments had been made in past cases, which had been rejected by the courts, counsel said.

There was no valid lease in place and the couple were trespassers on the property, counsel said.

In his judgment, Mr Justice O'Connor said he noted with concern Mr Doyle's evidence to the court that he had consulted with a Mr Charles Allen from Carlow, who he described as being "a solicitor" and who was apparently paid money by Mr Doyle for his advice.

In the circumstances, the judge said he wanted the case referred to the Law Society of Ireland which is the regulatory body for such matters, for investigation.

Mr Charles Allen had previously been the subject of court proceedings concerning properties that had allegedly been assigned to so-called private trusts, the Judge said.

The judge in granting the injunction said the couple had 14 days to vacate the property.