Proceedings aimed at jailing golfer for alleged breach of contract resolved
Kevin Beirth undertakes not to claim membership of Professional Golfers Association
A High Court application seeking to jail professional golfer Kevin Beirth for alleged contempt of court has been resolved after he gave an undertaking not to hold himself out as having any association with the Professional Golfers Association.
Last month, the PGA brought proceedings seeking to attach and commit Mr Beith to prison for his alleged breach of undertakings he gave before the High Court five years ago not to hold himself out as a member of the organisation.
The Belfry-based association is the professional body which represents the interests of teaching and club golf professionals in Ireland and the UK.
The matter returned before the High Court on Tuesday when Mr Beirth gave a sworn undertaking before Ms Justice Caroline Costello that he would “not hold myself out as representing, being part of, being affiliated with or promoting the Professional Golfers Association unless otherwise agreed between the parties in writing.”
Counsel for the association, Stephen Byrne Bl, said that the sworn undertaking was resolved the attachment and committal proceedings commenced by his client.
Counsel previously told the court that Mr Beirth was a member of the association but had been expelled following a disciplinary process in 2012.
Despite his expulsion from the body it was claimed he had continued to hold himself out as a PGA professional, passing himself off as a PGA golf coach and infringing trademarks of the association.
Following legal proceedings which had ended with a settlement in 2013 Mr Beirth gave the court undertakings not to provide any service allegedly endorsed by or associated with the PGA. He had also undertaken not to hold himself out to be an Irish PGA professional or a member of the International PGA.
The association had issued proceedings seeking to attach and commit Mr Beirth to prison for contempt of court after it recently became aware that he was offering lessons at a golf centre near Swords and describing himself as a PGA instructor which he was not.
The association also claimed that in the five-year period since the making of High Court orders there had been periodic breaches of his undertakings but these had been rectified.