The Minister for Social Community and Family Affairs, Mr Ahern, yesterday secured a High Court order preventing the Dublin City Sheriff, acting on the instructions of a firm of solicitors, from seizing goods from the Minister's office this morning.
Two solicitors, Mr Cathal O'Donovan and Mr Patrick Crowley, practising as O'Donovan Solicitors, of Inns Court, Winetavern Street, Dublin, had instructed the sheriff to seize the goods to complete payment of a sum of money they allege they are owed in relation to interest on legal costs incurred in litigation arising from the State's failure to treat women social welfare recipients equally to men.
The Minister claims an agreement reached with the solicitors regarding the payment of interest was honoured on September 24th last. He said cheques for the amount agreed had been collected.
Yesterday Mr Justice Carney granted the Minister and the Chief State Solicitor an interim injunction restraining the sheriff from attending at the Minister's office or interfering with his property.
The injunction was made returnable to Monday next.
Applying for the injunction yesterday evening, Mr George Birmingham said O'Donovan Solicitors had acted for Ms Marie O'Reilly and Ms Catherine Arkins and a number of other women in proceedings against the State arising out of the controversy in relation to the State's delay in making payments to women under the EU Equality Directive. The women were successful and secured their legal costs.
Mr Birmingham said that last July the solicitors were paid their costs (believed to be over £250,000) and had subsequently sought interest on those costs. They sought a sum of more than £61,000.
Counsel said that following negotiations on the amount of interest a compromise figure of approximately £41,000 was reached.
He said a letter dated September 2nd last, marked "Without prejudice", was received from O'Donovan Solicitors confirming acceptance of that agreement but stating the money would have to be paid within 21 days.
Mr Birmingham said the letter was received in the Chief State Solicitor's office on September 3rd, and on September 24th the solicitors were told the cheques were ready for collection. They were collected the same day.
On October 2nd Mr Tadhg O'Neill of the CSS office received a call from the sheriff informing him he had had instructions from O'Donovan Solicitors to proceed on foot of the original amounts of interest due to the firm. A further call was received from the sheriff yesterday, who said he felt obliged to seek the original amounts and intended to attend at the Department.