Solicitor alleges he has prior claim on premises

A SOLICITOR is disputing claims by IIB Bank that it is entitled to possession of a premises in Crumlin, Dublin, as part repayment…

A SOLICITOR is disputing claims by IIB Bank that it is entitled to possession of a premises in Crumlin, Dublin, as part repayment of €9 million debts due to it by struck-off solicitor Thomas Byrne.

Solicitor Donal Corrigan, with an address at The Matrix, Churchtown, Dublin, is claiming he has a prior claim over the premises at Crumlin Village, Dublin, over which IIB Bank plc is seeking possession orders.

Mr Corrigan, who practises from the Crumlin premises, also claims his signature was forged on lease documents concerning the premises and that a cheque for €800,000 given to him by Mr Byrne in relation to the premises had "bounced".

Mr Justice Peter Kelly yesterday admitted the proceedings by IIB against Mr Byrne and Mr Corrigan to the Commercial Court.

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Earlier, Bill O'Brien, for Mr Corrigan, said his client had operated a one-man practice for 30 years in a very careful manner, had given great service to the local community and wished to retire soon.

Counsel opposed the case being admitted to the Commercial Court, which fasttracks High Court cases, on grounds including that it would incur additional costs and that the property in Crumlin was worth less than €1 million. Counsel said his side also believed there was no copy of the deed assigning the property to the bank because of Mr Byrne's failure to honour undertakings. Mr Corrigan had been left with "three useless cheques", counsel added.

Cian Ferriter, for IIB, said he accepted the value of the property has declined in the current market and that valuations had ranged from €1 million down to about €600,000. However, IIB was seeking possession in the context of a €9 million claim against Mr Byrne arising from a series of commercial transactions.

Mr Ferriter said Mr Byrne had left "a lot of financial destruction" in his wake and this was a perfect case for an expedited hearing. Perhaps Mr Corrigan's real motivation in not wishing the case to be admitted was to "stave off the evil day" when the dispute over the Crumlin property would have to be resolved, he added.

Mr Justice Kelly said he would admit the case and noted that representatives of barristers and solicitors had assured him costs in the Commercial Court were on a par with other High Court costs. The fact that the case would be processed and determined more speedily in the Commercial Court would assist both parties.

While the value of the premises had fallen, it was clear that when the bank made the loan to Mr Byrne, it was valued at €1.1 million, the judge also said.

Last week, Mr Ferriter secured the court's permission to serve notice of the case on Mr Byrne via a press advertisement.

Mr Byrne had attended before the High Court in recent months in connection with proceedings against him by the Law Society which culminated last month in an order striking him off the roll of solicitors and fining him €1 million.