A 75-year-old woman has asked Dublin Circuit Court to restrain her son from further demolishing a valuable mews property she leased to him or from rebuilding other than in accordance with a court order.
Mr Mark De Blacam, counsel for Mrs Renee ffrenchO'Carroll, told Judge Elizabeth Dunne yesterday his client wished to stop her son, Arthur, from continuing works now being carried out at 5a, 5b and 5c Pembroke Lane, Dublin.
The court was told Mr Arthur ffrench-O'Carroll, the former proprietor of the 55 Club and the Hollyrood Hotel, Harcourt Street, Dublin, had obtained a lease on the mews from his mother allegedly in an attempt to save his own family from financial ruin and was currently constructing a new restaurant on the site.
Mr De Blacam said Mrs ffrench-O'Carroll, of Fitzwilliam Square, Dublin, in 1995 granted her son a lease for 99 years on the mews premises which required extensive works and refurbishment.
Mrs ffrench-O'Carroll now stated that the lease had been obtained through undue influence and her son and two other parties, Mr Matthew Farrell and Killardport Ltd, had completely demolished the premises and were currently engaged in new building works for which, as far as his client was aware, there was no planning permission.
"I am instructed that as of 6 a.m. this morning the defendants are engaged on building works at the site," Mr De Blacam said.
Mr James Magowan, counsel for Mr Arthur ffrenchO'Carroll, said the allegation of undue influence was a very serious one which was denied. Works had commenced on the site last July. When solicitors had written on August 19th to his client seeking that they be discontinued, Mr ffrenchO'Carroll's solicitors had replied on August 27th that they would continue. The works had continued for the past three and a half months.
Mr Magowan said the works were all but complete and he was resisting any attempt to stop the development. He sought an adjournment to take further instructions from his client.
Mr Mel Christle, counsel for Mr Farrell and Killardport Ltd, said his clients had been brought into the case by reason of their partnership with Mr ffrench-O'Carroll and they were strangers to a number of allegations made by Mrs ffrench-O'Carroll.
He said she was seeking to rely upon the lease on the grounds that all works should come within its terms while, on the other hand, she was seeking to have that lease set aside because of alleged undue influence. Mr Christle said a restaurant would be constructed on the site and Mrs ffrench O'Carroll had known at all times the works were ongoing.
Judge Dunne declined to grant an injunction and adjourned the proceedings until next week for a full hearing.