A High Court judge yesterday struck out an application by a Dublin solicitor to restrain a baroness from selling a valuable property "below market value" or reducing her assets in this State below £100,000.
Mr Denis Murnaghan, trading as Denis Murnaghan and Co, solicitors, Upper Mount Street, Dublin, claimed he was employed by Baroness Monica Bradley, formerly of Herbert Apartments, Ballsbridge, Dublin, to deal with a large variety of matters, including allegedly damaging articles in a Sunday newspaper office.
In an affidavit, Mr Murnaghan said he believed Baroness Bradley had borrowings from ACCbank in excess of £1.5 million and he had been negotiating with the bank as to how her obligations might be dealt with to the bank's and his client's satisfaction.
Baroness Bradley had many matters requiring urgent and constant attention, including a travel business and premises in Dawson Street, a car accident, a house in Killiney undergoing major renovations and matters affecting the possible sale of her London assets and her fleet of cars here.
Mr Murnaghan said Baroness Bradley had said there was political instability in Romania resulting in animosity towards her husband. She had also said allegations of fraud made against either of them were unfounded and she had lodged $10 million in Romania to meet any claim.
Last May Baroness Bradley had indicated to Mr Murnaghan she found Ireland uncongenial and proposed to live elsewhere. She asked him to arrange for the sale of her Killiney property at a figure in excess of £1 million.
Mr Murnaghan said he had become increasingly concerned as he was becoming aware she was the subject of many claims from creditors. He wrote to her through her London, and subsequently her Dublin, solicitors as her telephone and fax numbers were constantly changing.
She advised his office, incorrectly, that she was in Switzerland and Romania while it had transpired she was in the UK at the time.
In an affidavit, Mr Michael Kelly, solicitor, Northbrook Road, Dublin, said Baroness Bradley was at all times ready, willing and able to discharge such sums as might be lawfully owed to Mr Murnaghan.
Mr Murnaghan claimed to be owed £84,137, and a sum of £27,256 had been paid to him to date.
Mr Kelly said a contract was in the process of issuing in respect of the Killiney property for a consideration of £855,000. ACCbank was a secured creditor for £876,700.
Mr Rory McCabe, for Mr Murnaghan, said he was seeking an adjournment of the restraint application sought by his client against Baroness Bradley.
Mr McCabe said documents relating to Mr Murnaghan's claim to be owed fees had been sent to legal cost drawers and he asked for a two-week adjournment of his client's application.
Ms Sara Moorehead, for Baroness Bradley, said as there was no restraint order in place there was no reason why her solicitor could not issue the contract for the sale of the Killiney premises. She was objecting to a two-week adjournment and failed to see why, if there had been an indebtedness, the claim could not have been dealt with at an earlier date.
Mr Justice Kelly struck out Mr Murnaghan's application.