Flynn bankruptcy case struck out

Legal proceedings involving independent TD Beverly Flynn were struck out at the High Court today, bringing to an end a long running…

Legal proceedings involving independent TD Beverly Flynn were struck out at the High Court today, bringing to an end a long running legal battle arising from her failed libel action against RTE.

Ms Justice Elizabeth Dunne struck out constitutional and bankruptcy proceedings involving Ms Flynn. The move came after the TD finally paid a €1.225 million legal bill with RTE last August.

Mr Douglas Clarke BL, for the State, told Miss Justice Dunne that the constitutional proceedings - a challenge to the Bankruptcy Act initiated by Ms Flynn but subsequently abandoned - could be struck out and an order for costs made in favour of the State.

The judge made the order. Ms Flynn's aborted proceedings challenged the constitutionality of the laws under which an undischarged bankrupt cannot be a member of the Dail.

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Mr Tony Leggit, solicitor for RTE, also applied today for bankruptcy proceedings against Ms Flynn to be struck out with no order for costs and the judge made that order also.

Beverly Flynn was expelled from Fianna Fail in 2004 after a failed libel action against RTE. She lost a 28-day High Court action against RTE, its chief news correspondent Charlie Bird and farmer James Howard in relation to claims that she assisted clients of National Irish Bank, for which she had worked, to evade tax.

The settlement of €1.225 million, which was less than half of the actual €2.8 million bill, was accepted by a bankruptcy court in early July.

RTE had brought the bankruptcy proceedings against Ms Flynn over her failure to pay any of the legal costs arising from her unsuccessful libel action against the station and its chief news correspondent Charlie Bird.

RTE alleges Ms Flynn has failed to pay any of the total bill of €2,848,088 which, it contended, was due arising from the libel action of 2001.

Ms Flynn, then a Fianna Fail TD but now an Independent Deputy, lost her 28 day High Court action against RTE, Mr Bird and farmer James Howard and also failed in her appeal to the Supreme Court against that decision.

That appeal was dismissed in 2004. Both courts awarded costs against Ms Flynn which costs were certified in September 2005 by the High Court Taxing Master.

Ms Flynn, a former financial adviser with National Irish Bank, had alleged she was libelled in six RTE broadcasts in 1998 which reported that, as an employee of NIB, she had encouraged or assisted a number of persons in tax evasion.