US backer sues Irish whiskey maker Nephin after ‘silence' over controversial cask programme

Irish Independent

4 hours ago

Nephin Whiskey, the Co Mayo whiskey firm that has gone through various boardroom disputes since it was founded in 2013, is embroiled in a legal row with US-based backer Anthony Wieber at Castlebar Court. Legal practice Thomas J Walsh is representing Wieber while Nephin Whiskey is being defended by construction law firm Herbots.
It is understood the case revolves around Nephin Whiskey's cask investment programme, which it offered to investors who were interested in buying casks of the whiskey before it was distilled in order help fund the development of a distillery.
It is understood that Wieber had been seeking an update from Nephin over the status of the distillery and the cask programme but was either being ignored or receiving vague responses. He is now seeking his whiskey or a refund on his investment, it is understood.
Other investors in the project have also become increasingly concerned about the silence from Nephin.
Brian Rodgers, a primary school teacher in Dublin, invested in the Nephin Whiskey cask programme back in June 2020 alongside his father, Jimmy, and his uncle. At the time of the investment, he was a Special Needs Assistant (SNA) and studying at college.
He shared documents with the Sunday Independent proving his investment in a cask worth €6,500, as well as emails he sent to Nephin since.
Rodgers and his family were hopeful that their investment in the programme would increase in value. But they became increasingly concerned after boardroom disputes at Nephin hit the media.
Rodgers received some contact from former director and Nephin co-founder Jude Davis up until February 2024, when she left her position at the company alongside her husband, Paul.
On the same day as the Davises resigned their directors roles, Companies Registration Office documents showed Tamara Antonova (71) and Halyna Matiyash (74), two Ukrainian nationals living in Co Dublin, were appointed as directors of Nephin Whiskey.
Rodgers claims he has made various efforts to contact the new directors and Herbots, whom Jude Davis had alleged was a point of contact for Nephin. His attempts included sending various emails, calling offices and attempting to visit an address in Co Dublin. He claims to have received no response from the new directors or Herbots.
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Nephin Whiskey's status on the Companies Registration Office is normal, but its annual return statement and accounts are overdue.
Rodgers told the Sunday Independent he was worried the silence meant his investment in the Nephin cask was 'gone completely'.
'To think there has been no contact, I don't think there is a chance we will get the cask,' he said.
'I am not a multimillionaire. I am not someone with a lot of money. When I invested in the cask I was an SNA studying to be a teacher. It was an investment as a family, thinking that further down the line, I'd get the money back out of it.
'At the time, it was due to be the first whiskey distillery in Connacht,' he added. 'So we thought with it being the first distillery in Connacht, that they would run out of supply and nearly look to buy the cask back off us.'
Rodgers said he had made efforts to contact other investors in the Nephin programme on social media but had little success.
'I am still yet to own a house,' he said. 'That money for me would have probably set me up for further investments. Even at the time when I gave away the money, it wasn't easy money to part with.'
The story of Nephin Whiskey started in 2013 when the Davises shared their plans to open a whiskey distillery in Lahardane, Co Mayo, alongside Mark Quick.
Former taoiseach Enda Kenny announced the establishment of the distillery the following year, with a report in the Irish Independent stating production 'should be up and running by the end of 2015'.
Over a decade since the Nephin Whiskey plans were announced, the distillery building is still to be fully completed. The Sunday Independent understands much of the equipment needed is on site.
Nephin initially raised €4.5m in equity funding and €1.5m in loans for the establishment of its distillery.
Nephin's progress was stalled in 2020 as Covid-19 lockdowns took effect. A long-running dispute then occurred between the distillery's founders, with Paul and Jude Davis on one side and former director Mark Quick on the other.
The dispute, first reported in the Business Post in 2021, was over the direction the company was taking at the time.
It led to cases in both the High Court and the Workplace Relations Commission.
The High Court proceedings brought by Quick in 2021 claimed shareholder oppression by Paul and Jude Davis under the 2014 Companies Act.
The couple opposed the action and denied claims of oppression. The case was ultimately settled in October 2022.
Since the appointment of Antonova and Matiyash at an AGM in February 2024, the Sunday Independent has made efforts to contact Nephin Whiskey. It has received no response.
The Sunday Independent also attempted to contact founder of Herbots Bruno Herbots but received no response.
Paul and Jude Davis declined to comment. A solicitor representing Wieber also declined to comment.