Quinn's family lodge negligence suit against Anglo Irish

THE WIFE and five children of businessman Seán Quinn have lodged a High Court action seeking massive damages against Anglo Irish…

THE WIFE and five children of businessman Seán Quinn have lodged a High Court action seeking massive damages against Anglo Irish Bank over alleged negligence, breach of duty and intentional and/or negligent infliction of economic damage.

The damages claim arises from events of the past two years that led to the family losing control of the Quinn group of businesses and is believed to seek hundreds of million of euros.

Last month The Irish Timesrevealed the family were to take such a legal action.

In proceedings against Anglo and receiver Kieran Wallace, the family are seeking to overturn the appointment of Mr Wallace by Anglo as receiver over shares held by them in the Quinn Group and various related companies.

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They claim that charges made in favour of Anglo from late 2003 up to 2009 over shares held in Quinn Group (RoI) Ltd, Quinn Quarries Ltd, Slieve Russell Hotel Ltd, Quinn Finance Holding, Quinn Group Hotels Ltd and Quinn Group Properties Ltd are invalid, unenforceable and of no legal effect.

The appointment of Mr Wallace on April 14th last as receiver over those shareholdings on foot of the disputed charges is also invalid and unenforceable, the family claim.

They want orders restraining him acting as receiver and setting aside his appointment.

They also want declarations that undated guarantees provided by them to Anglo over the liabilities of several Cyprus-registered companies are invalid and unenforceable.

Those companies are Lud Investments, Moshaid Investments, Opawa Investments, Pahu, Tarate Enterprises and Morboneto Holdings, all with registered offices at Capital Centre, Nicosia.

The proceedings by Patricia Quinn and her children, Seán jnr, Brenda, Aoife, Colette and Ciara, were lodged in the High Court this week and it is expected an application will be made within weeks to have the case fast-tracked by the Commercial Court.

The family are being represented by Brian O’Moore SC, Bill Shipsey SC and Rossa Fanning.

The children are equal shareholders in Quinn Group (RoI), the parent company for the various manufacturing, financial services and leisure businesses that were owned by the family.

All of the Quinn children, with the exception of Ciara, work in businesses in the group.

Anglo appointed a receiver over the company’s shares in Quinn Group (RoI) last month, taking control of the business with banks and bondholders, who are owed €1.28 billion by the group.

The Quinn family owe Anglo €2.88 billion.

Further legal proceedings are under consideration by the family.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times