Latest news with #BrianCregan


BreakingNews.ie
23-07-2025
- BreakingNews.ie
Peter McVerry Trust seeks injunctions against alleged trespassers in Dublin properties
The High Court has granted injunctions requiring that a number of people allegedly in illegal occupation of three buildings in Dublin owned by the Peter McVerry Trust Ltd vacate the properties. Mr Justice Brian Cregan granted the trust orders preventing trespass by "persons unknown" at an apartment in Cabra Road, Phibsborough, a multi-unit building on the North Circular Road, Grangegorman, and a three storey Georgian building on Drumcondra Road Lower. The order also applies to three individuals who gave their names when a security company was sent to find out what was going on at the buildings. Advertisement On Wednesday, the trust was granted an order allowing for service of proceedings at short notice on the defendants in the three cases. The application was made on a one side only represented basis by Barry Mansfield, instructed by Lavelle Partner solicitors. In an affidavit, trust director Tony O'Brien said all three properties are used to provide accommodation for people in need. Those occupying the buildings were in effect "jumping the queue" by doing so and should not be allowed to unilaterally usurp the trust's function in allocating housing by doing it themselves, he said. He was particularly conscious of the risk of fire and the implications for the trust's insurance. Ireland Government approves €15m emergency funding for Pet... Read More When the trust learned of the occupations last March, they sent a security firm to investigate. They identified three people in each of the buildings but others refused to engage, Mr O'Brien said. In the North Circular Road building, it appeared access was being gained by ladder at a window of the rear of the property. Advertisement As owner of the properties, the trust wants to obtain vacant possession, he said. Mr Mansfield, for the trust, told the court it had not been possible to establish how many people were in the buildings. Two of the identified individuals appear to be connected but not the third, he said. Mr Justice Cregan said service could be effected through notices, in plain English, accompanied by the court papers in a box. He said the case could come back next week.


Irish Independent
23-07-2025
- Irish Independent
Peter McVerry Trust seeks injunctions against trespassers in three properties
The High Court has granted injunctions requiring that a number of people allegedly in illegal occupation of three buildings in Dublin owned by the Peter McVerry Trust Ltd vacate the properties. Mr Justice Brian Cregan granted the trust orders preventing trespass by "persons unknown" at an apartment in Cabra Road, Phibsborough, a multi-unit building on the North Circular Road, Grangegorman, and a three storey Georgian building on Drumcondra Road Lower. The order also applies to three individuals who gave their names when a security company was sent to find out what was going on at the buildings.

Irish Times
03-07-2025
- Business
- Irish Times
Provisional liquidator for steel fabricator working for blue chip construction firms
The High Court has appointed a provisional liquidator to a steel fabrication firm providing products for blue chip construction sector companies. Farleng Engineering Ltd, of Laraghcon Farm, Lucan, Co Dublin, is insolvent and does not have enough money to discharge debts to creditors, Mr Justice Brian Cregan was told by Ross Gorman BL, for the firm, which petitioned the court for the appointment. Until recently, it had 42 full time employees. Counsel said the company had unusually twice been through examinership, the first in 2021 and the second in April last when the Circuit Court appointed an examiner. This protection was removed in late June after a potential investor withdrew interest and the examiner recommended the appointment of a provisional liquidator, he said. A liquidator can only be appointed by the High Court. READ MORE Among the reasons why the decision was taken was that the company was owed in excess of €230,000 for work in progress and another €446,000 in retentions much of which related to projects that have been completed. The liquidator could commence trying to recover this money. Counsel also said one of the key reasons was to ensure that the employees can avail of a collective redundancy process which can only commence when the liquidator has been appointed. Until that happens the workers are 'in limbo' and cannot obtain social welfare or start a new job. The firm also has several hundred thousand euro worth of assets, including plant, machinery and tools which are depreciating assets and which need to be sold as soon as possible. In the petition seeking the appointment of the provisional liquidator, the company, which was incorporated in 1999 and leases its premises in Lucan, said it operates in the construction sector providing specific steel fabrication for data centres and pharmaceutical manufacturing site construction. The 2021 examinership was successful with reasonable profitability recorded for the last three-and-a-half years. However, it has suffered significant cash flow issues for reasons including the impact on working capital due to big contract delays. It was also impacted by general delays in customers paying up and variances between what the firm claims and what is assessed by the customers' quantity surveyors. A planning issue also arose with Fingal County Council sending a warning letter last March stating the company may be in breach of planning regulations by changing the use of an agricultural building to light industry and the laying of a concrete surface without permission. The company believes a liquidator can explore the possibility of the acquisition of the business by a number of investors who have expressed interest in it. Mr Justice Cregan said he was satisfied to appoint Padraic O'Malley of JW Accountants as provisional liquidator. He adjourned the application to the end of the month.


BreakingNews.ie
01-07-2025
- Sport
- BreakingNews.ie
Dispute over who has right to run Liffey Swim and Dún Laoghaire Swim
A dispute over who has the right to run the Dublin Liffey Swim and the Dun Laoghaire Harbour Swim has reached the High Court. Leinster Open Sea (LOS) CLG, a volunteer sponsorship-funded body which organises around 30 sea races every year in partnership with local clubs, is seeking injunctions against the Irish Amateur Swimming Association CLG, trading as the State-funded national governing body for swimming Swim Ireland. Advertisement LOS, which has around 1,000 registered swimmers, wants the court to restrain the defendant from holding this year's August 3rd Dún Laoghaire event and the September 13th Liffey event. The court heard that last year, as a result of the dispute, two separate Liffey swims were held and Dublin City Council does not want the same thing happening this year. On Tuesday, Mr Justice Brian Cregan granted LOS permission to serve proceedings on the defendant following a one side only represented application. The judge said he wanted to hear from Swim Ireland on Friday before he decides whether to grant the injunctions sought. In an affidavit, Brian Nolan, a member of the LOS board of directors, said Swim Ireland was divided into four regions with the Leinster Region having as one of its sub-committees the LOS. Advertisement In 2014, the Leinster Region egm agreed to fully subsume into Swim Ireland but with a provision that the decision did not affect LOS, Mr Nolan said. LOS continued to run and manage the Liffey and Dun Laoghaire swims in which participants are required to complete a number of qualifying races in the LOS calendar before being eligible for the two events, he said. "Liffey Swim" was also registered as a trade mark in 2015 by an LOS member. A memorandum of understanding was agreed between LOS and Swim Ireland in 2017 to develop initiatives within open water swimming and with €15,000 per year in support from Swim Ireland, he said. However, Mr Nolan said, in 2020 the defendant breached that agreement and there followed various unsuccessful attempts to mediate the dispute between them. Advertisement It culminated in Swim Ireland organising the Dun Laoghaire swim in 2024 with the number of participants down by around 50 per cent on the LOS-organised event in 2023, he said. The dispute led to two Liffey Swims being held in 2024 with the September 7th Swim Ireland-organised event attracting 200 entries and the LOS-organised event attracting double that number, Mr Nolan said. In the absence of being allowed to run these two major events, which also provide funding for its other races, LOS will 'in simple terms go out of business', he said. Ireland Almost 200 Marilyn Monroe lookalikes take the plun... Read More Seeking permission from the court to bring proceedings, Michael O'Doherty BL, for LOS, said while publicly claiming they are open to mediation Swim Ireland has set down pre-conditions which ask his client to abandon their claims and give up any rights over the events. "I say that is bad faith on their (defendant's) part", he said. Advertisement A more recent development was that Dublin City Council, which grants permission for the Liffey Swim, had invited the parties to mediation as the local authority wanted to avoid the two swims situation of last year, he said. However, Swim Ireland again set down a pre-condition that his client abandon any proprietary rights to the event, he said. Mr Justice Cregan said it was appropriate to only grant short service of the proceedings given there was a long history to this dispute and he would be very reluctant to grant ex parte injunctions in the absence of the defendant.


BreakingNews.ie
27-06-2025
- Politics
- BreakingNews.ie
Most of carvans camped on Curragh plain still there, court hears
The majority of more than 80 caravans camping on Department of Defence-owned lands in the Curragh, Co Kildare, were still there on Friday morning despite a High Court order that they leave by 1pm, a judge was told. As a result, Mr Justice Brian Cregan ordered that interim injunctions he granted on Tuesday over the alleged trespass should remain in place until further order. Advertisement More than 80 caravans, believed to be occupied by members of the Traveller Community who come over from England and France for the summer, had parked at a number of different locations on the Curragh plain since March, the court heard earlier this week. Their presence has resulted in "mountains of rubbish" having to be removed at a cost so far of €31,700. Some €186,000 was spent on similar clean ups last year in what has become an annual problem for land owners, residents, and horse trainers in the Curragh, the Minister for Defence has claimed in proceedings seeking to remove the caravans. There have also been problems with noise nuisance, scramblers and quad bikes causing damage to greens on a golf course, dogs running around horses being trained and animals being left to graze on the plain. Advertisement The Defence Forces have been prevented from carrying out training on a firing range on the lands. The case was returned to Friday when there was no appearance for any of the caravan dwellers, including 21 named individuals who it had been possible to identify. The court heard the injunction notices were either handed to the occupants or pinned by bailiffs to the caravan doors and included a "plain English" version of them ordered by the court. Kelley Smith SC, for the minister, said that as of 10.10am on Friday, there were 60 caravans at four different locations on the lands. One slightly troubling aspect was that one group of caravans had moved from one location within the lands to another, she said. Advertisement She applied to make the interim injunctions interlocutory which means they stay in place pending the full hearing of the minister's case against the defendants. Mr Justice Cregan said he was satisfied to grant the orders sought and said in notifying the defendants about the orders they should be informed, again in plain English, that further applications may be brought against them. Ms Smith said in event of failure to comply with the orders, it may be necessary to apply for attachment and committal orders seeking the jailing of the defendants for contempt. ends