Two Co Meath residents accused of serially objecting to Glenveagh planning applications look likely to face the housing giant’s €8 million claim without legal representation after the High Court refused their request to delay the November hearing.
Pat Lynch and Denise Leavy on Monday asked for extra time to engage new lawyers to help them fight what is believed to be the first developer legal action in Ireland alleging abuse of the statutory planning process by way of “tortious interference” with its business interests.
The pair, who strongly deny all of the claims against them, say that, with their previous lawyers discharged and no new team available, they face a “David and Goliath” showdown next month, as Glenveagh Homes can deploy “unlimited resources for expensive lawyers”.
The developer alleges the duo have been “highly targeted” in making submissions and appeals on its projects across the country as part of an alleged “shake-down” attempt while costing Glenveagh millions.
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It claims the defendants’ actions were predominantly aimed at “leveraging an improved bargain” for Mr Lynch in his bid to secure better terms in selling 16 acres of his land to Glenveagh. A €7.8 million price tag had previously been agreed in principle, the firm says.
Alleged demands for “go-away” money in exchange for withdrawing planning submissions or appeals have been in the spotlight over the last year, leading to the Minister for Housing’s vow to outlaw the practice. The Planning and Development Bill passed by the Oireachtas last week contains a ban on requesting payment for not opposing developments and includes provisions designed to deter abuse of planning processes through spurious submissions and appeals.
Glenveagh’s case against Mr Lynch and Ms Leavy, who both have addresses in Batterstown, Proudstown, is due to proceed over two weeks beginning on November 26th. It comes after Mr Justice Richard Humphreys on Monday rejected their third attempt at securing an adjournment to try to engage new lawyers.
Ms Leavy, a retired bank official, said they have contacted 22 legal firms since their previous solicitors, FP Logue, ceased representing them in July. Six have conflicts of interest, while eight are constrained or unavailable, but two firms have indicated they could be engaged if the trial is pushed back, she said.
“We need a chance to fight this case,” she said, while Mr Lynch, an insurance consultant, said there was “no gameplay” in seeking a rescheduling.
Glenveagh’s senior counsel, Niall Handy, previously told the court the developer is concerned the delay requests are part of a tactic.
On Monday, Mr Handy, instructed by AMOSS solicitors, opposed the adjournment application, saying it would cause considerable prejudice to his client.
He said the trial has been fixed since April, yet the defendants continued to lodge submissions on Glenveagh planning applications up until last June. Their contention that they are being “railroaded” into a hearing is not accurate, he said.
Mr Justice Humphreys said he sympathised with the defendants but there was no legal basis for acceding to their request.
Last April, the judge rejected an application from Mr Lynch and Ms Leavy seeking to have the case thrown out at an early stage because, they say, it amounts to abusive strategic litigation against public participation (Slapp).
The judge said the construction firm’s case raises “complex issues” and requires further investigation by way of a full High Court trial, when disputes over factual claims can be teased out.
The defendants were at that point represented by solicitors and a junior and senior barrister.
Glenveagh denies its case is Slapp or designed to intimidate.
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