Judge notes emotions are high as legal row between Michael Flatley and solicitor intensifies

Michael Flatley's counsel is seeking certain paragraphs in an affidavit from solicitor, Maxwell Mooney, before the court be struck out. File photo: Brian Lawless/PA

The legal row between Lord of the Dance star Michael Flatley and his former solicitor has intensified as both sides on Tuesday made submissions to the High Court.

It was in a case over monies still lodged in court in the wake of the battle for the Flatley Cork mansion, Castlehyde.

The court heard a preliminary motion brought by the Flatley side that certain paragraphs in an affidavit sworn by the entertainer’s former solicitor, Maxwell Mooney, relating to Mr Flatley be struck out.

At issue in the main case is monies previously lodged in the High Court, €200,000 which the solicitor says he is entitled to out of a much bigger €1.4m pot initially taken into court.

Mr Mooney is already involved in another legal battle with Michael Flatley who is seeking to compel Maxwell Mooney and Company solicitors, Maynooth, Co Kildare, to hand over files relating to proceedings about and linked to the Flatley Castelhyde mansion in Fermoy, Co Cork. 

That case where there are allegations on both sides about legal fees and an alleged hold on files will be back before the president of the High Court later this week.

The latest row relates to €1.4m previously lodged in court until a disputed costs bill relating to the Castelhyde proceedings was resolved. This related to legal and receiver costs and disputed penalty interest.

Agreement was reached on all costs, and eventually in relation to disputed penalty interest at €108,000 instead of the €308,000 initially sought. At issue now is the €200,000 still lodged in court.

Solicitor's affidavit

When the case came before Ms Justice Eileen Roberts on Tuesday, she commented she had a broad concern because relationships had severed, emotions were high and what was before the court should be a straight forward application.

Martin Hayden SC, instructed by Barry Creed, solicitor, told the court he represented Mr Flatley and TV company Blackbird Film Productions. Counsel was seeking the exclusion of certain paragraphs from an affidavit sworn by Mr Mooney. 

Counsel said the breakdown of the relationship between Mr Flatley and his former solicitor was a fact. He was now seeking certain paragraphs in an affidavit before the court be struck out.

Counsel submitted that the court had jurisdiction to remove aspects of Mr Mooney’s affidavit.

Maura MCNally SC, with Ronnie Hudson BL for Mr Mooney, said the solicitor believes as a result of work carried out for Mr Flatley he is entitled to the monies lodged in court and is seeking to put a charge over the €200,000.

Referring to the application to strike out certain paragraphs in the Mooney affidavit, counsel said the Flatley side were seeking to try to ventilate matters in public, but only their own narrative. Counsel said that Mr Mooney asks to continue with the content of the affidavit to answer allegations made in correspondence.

The judge, who reserved her judgement in relation to the application to strike out certain paragraphs from the Mooney affidavit, said she would need to read all the affidavits filed in the case.