A company which had held a lease in respect of the Shakespeare pub in Parnell Street, Dublin, has been given 10 days by the High Court to vacate the premises.
Ms Justice Macken yesterday granted Mr Dominick Lydon, of Brownville, Bushy Park, Galway, owner of the Shakespeare, a number of orders against Barnehurst Ltd and Mr Eugene Carlin pending the outcome of legal proceedings.
The interlocutory orders restrain the defendants from trespassing on the Shakespeare premises at Parnell Street and require them to vacate the premises and remove all stock and other property belonging to them from the premises within 10 days. The judge made no order in respect of the ordinary seven-day licence attaching to the premises.
Mr Angus Buttanshaw, for Mr Lydon, had sought the orders. Counsel told the court Mr Lydon had entered an agreement with Barnehurst Ltd by which the Shakespeare premises was leased to the company for one year from September 21st, 1997, subject to a rent of £2,500 per week and additional payment of £277 weekly for rates and insurance.
The lease had expired on September 20th 1998, and afterwards Barnehurst had remained in possession pursuant to a week-by-week tenancy under terms identical to that contained in the lease.
Counsel said the defendants agreed arrears of some £18,000 were outstanding to Mr Lydon, but it was his case that the total amount was much larger.
It was argued on behalf of the defendants that negotiations had been under way in relation to the monies due and that there was a formal verbal agreement on how the arrears were to be dealt with. It was also argued that the plaintiff had failed to take into account in calculating the arrears an agreement where the rent was reduced to £1,936 weekly from October 1998, and monies owing to the defendants for the rent of an apartment above the premises.
Mr Eugene Carlin, in an affidavit, said he continued to remain in occupation of the Shakespeare premises in order to protect fixtures, fittings and stock valued at around £100,000 and his livelihood.
Mr Carlin claimed the plaintiff had unlawfully re-entered the premises on January 12th last. Mr Lydon denied this claim. In her decision, Ms Justice Macken said the defendants had said they would pay £10,000 as part payment of the arrears by Tuesday last, but that was not acceptable to the plaintiff. She was satisfied the plaintiff had made out a fair case to be tried and that damages would not be an adequate remedy. She said the defendants had argued there were negotiations under way and there was an unspecified agreement that the arrears would be discharged if feasible in 1999. She thought it unlikely such an agreement was made.
The judge said she would grant the orders sought by Mr Lydon but added the defendants should be given reasonable time to arrange their affairs. She would allow 10 days for that purpose. If the defendants continued to trade during that period, they must pay the rent due.