Father and son dispute Louth land sale

A "tragic" dispute between a son and his wheelchair-bound father over 142 hectares (350 acres) of lands in Co Louth worth some…

A "tragic" dispute between a son and his wheelchair-bound father over 142 hectares (350 acres) of lands in Co Louth worth some €6 million, including a listed Georgian residence, has come before the Commercial Court.

When the action by Brian Smith against his father, Henry St George Smith, was briefly mentioned before Mr Justice Peter Kelly yesterday, the judge said it was a "tragic" case and "more a family case than a commercial case".

He expressed the hope that some accommodation could be reached without the matter having to be litigated.

At the request of counsel, the judge made directions for the exchange of legal documents between the sides and adjourned the proceedings.

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The dispute is about lands at Piperstown, Drogheda, Co Louth, said to have a value of some €6 million and including a listed Georgian building.

Brian Smith contends he is involved in a partnership with his father, who now lives in England, in relation to the lands and wants orders to that effect and restraining his father from disposing of any or all of the lands.

In legal documents presented to the court, it was stated Henry St George Smith sustained a serious accident in 2001 which had confined him to a wheelchair indefinitely.

It was also stated that Henry St George Smith needed to sell the land to raise monies to meet the costs of care for himself and his wife and had instigated a process for the sale of the lands in November 2005.

Brian Smith wants declarations that there is a legal partnership between himself and his father and that the lands in question are partnership property.

He also wants a declaration that the property cannot be sold or dissipated without his consent.