An attempt by a member of the family which owns Blarney Castle to set aside an agreement reached within the family over ownership of furniture on the property has failed in the High Court.
In a reserved judgment yesterday Mr Justice McCracken dismissed proceedings brought by Mr Charles Colthurst against his parents, Sir Richard La Touche Colthurst, who is tenant for life of the castle under the terms of a family trust, and Lady Janet Colthurst.
The judge said the proceedings had arisen as a result of "a most unfortunate series of disputes" between the parties which culminated in no fewer than five sets of proceedings, four of them in the High Court and one at Cork Circuit Court.
The disputes concerned a right-of-way and rights over two shops connected with Blarney Castle which were claimed by Mr Charles Colthurst, eldest son of the defendants. In one action Mr Colthurst sought an order directing his father to furnish an inventory of the furniture and contents of the castle, which were the subject of a trust set up under the will of Sir George Oliver Colthurst, who died in 1951. It was alleged that the failure to furnish it was a breach of trust by his father.
On July 2nd, 1999, agreement was reached and a detailed settlement was signed. In it Mr Charles Colthurst agreed that the furniture in the house was the absolute property of his parents. His parents agreed that paintings listed would be retained in the house for the benefit of the estate.
However, in September 1999 Mr Charles Colthurst issued High Court proceedings seeking rescission of the settlement. He claimed he was induced to enter the agreement on foot of a misrepresentation.
Mr Justice McCracken said that for the plaintiff to succeed in his action he had to prove he had been induced to enter the settlement by reason of the representation which was that the "bulk of the contents of the house" had been bought back by Sir Richard Colthurst himself many years earlier, or they belonged to Lady Colthurst.
Mr Justice McCracken said the plaintiff had not discharged the onus of showing that the representation was untrue.
On inducement, the judge said the son entered into the settlement in the full knowledge that there was a claim by his parents that they owned the furniture, "that he had serious doubts as to whether this was so and that in the end he agreed to a compromise whereby he would concede the furniture in the house, and his parents would effectively concede the paintings".
Mr Justice McCracken also referred to the citing of Tenips Ltd, the company which operates the shops at Blarney Castle, as a second plaintiff in the action. Mr Charles Colthurst has a 49 per cent share in the company, his wife, Nora, holds 1 per cent and Lady Janet Colthurst (his mother) holds the remaining 50 per cent. Lady Colthurst claimed the company never authorised the issue of these proceedings.
The judge held that Tenips Ltd had no standing in the proceedings.
The case has been adjourned for four weeks when costs will be decided.