Latest news with #CircuitCourt
The Journal
12 hours ago
- Business
- The Journal
Bewley's seek rent reduction for iconic Grafton St outlet from Johnny Ronan company at High Court
BEWLEY'S CAFE AND a company owned by property developer Johnny Ronan have gone to the High Court in a row over €747,000 per year rent for the iconic Grafton Street outlet. Mr Ronan's RGRE Grafton Limited has stated that the rent should actually be €1 million while a valuer called by the famous coffee company says it should be €518,000. The High Court has heard that prior to October last year, Bewley's had been paying €1.46 million for the same premises but that figure was reduced following a rental valuation by the Circuit Court. The High Court appeal was taken by Bewley's Café Grafton Street Ltd (BCGSL) through Beauchamps solicitors, led by Simon Murphy, against the rent granted to RGRE Grafton Limited, which owns the building located at 78-79 Grafton Street, Dublin 2. RGRE Grafton have cross-appealed the decision. The difference between the two sides' figures over a five-year rental period amounts to over €2.5M. The case centres on the methods behind the valuations of both sides. The court has been told that BCGSL held the lease on the building from 1987 for 35 years, a deal that expired in August 2022. BCGSL then received a new tenancy under Part II of the Landlord and Tenant (Amendment) Act 1980. In October, the café had its annual rent cut in half following a ruling by Judge Jennifer O'Brien, who ruled it should have to pay a rent of more than €738,000 per year. That figure was later adjusted to €747K – still a 50% drop to the previous €1.46 million being paid. The Circuit Court found that this fairly represented what a willing tenant would pay and a willing landlord would take for the premises as of August 2022 over a five-year lease term and that BCGSL was entitled to almost €1M for rent paid since the expiry of the previous lease. Advertisement Both sides are appealing the decision of the Circuit Court. Fergus Crosse, an expert valuer retained by BCGSL, has told the High Court that improvements to the Bewley's building made by BCGSL also meant that the gross rent should be reduced. Mr Crosse is of the opinion that the statutory rental value of the property is €518K. David Potter, a valuer with Savills, was retained by RGRE Grafton. He said the statutory rent should be €1M per annum. Mr Crosse told Mr David Whelan SC, for BCGLS, that he employed a 'zoning' of arrears of the floor space at the café which meant that Zone A, closest to the entrance, would be the most valuable. Each tranche of zones was measured at 20 feet from the entry. Mr Crosse said he used comparator properties on Grafton Street in his analysis and that Zone B would be valued at 50% of Zone A and that Zone C would be valued at 50% of Zone B. Mr Potter said that an 'overall' view was more effective in determining the rent and that the use of the zoning model in this case led to a 'misvaluation'. Mr Potter said that the use of the zoning model meant that the restaurant floor space far from the door was now valued at a lower rate by Mr Crosse which 'undervalued' the restaurant area. 'Bewley's space at the back is big money, it's the main restaurant,' said Mr Potter. 'It can't be valued as if it is the cheapest, worst space. Zoning undervalues it significantly, as if the rear is ancillary, but it is not – it is a really attractive restaurant,' he said. Mr Potter said that a valuation of €24 per square foot of the restaurant area while the staff room in nearby McDonald's restaurant was valued at €60 per square foot amounted to a 'fundamental misvaluation'. Mr Potter said he was valuing the property as a restaurant and not a restaurant-retail use agreement and said that Dublin City Council previously gave an opinion that it would prefer the use of Bewley's to be maintained as a restaurant and not a retail outlet. The case continues before Ms Justice Sara Phelan. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
Irish Independent
17 hours ago
- Business
- Irish Independent
Bewley's Cafe and landlord Johnny Ronan in fresh court battle over rent
Mr Ronan's RGRE Grafton Limited has stated that the rent should actually be €1 m while a valuer called by the famous coffee company says it should be €518,000. The High Court has heard that prior to October last year, Bewley's had been paying €1.46 m for the same premises but that figure was reduced following a rental valuation by the Circuit Court. The High Court appeal was taken by Bewley's Café Grafton Street Ltd (BCGSL) through Beauchamps solicitors, led by Simon Murphy, against the rent granted to RGRE Grafton Limited, which owns the building located at 78-79 Grafton Street, Dublin 2. RGRE Grafton have cross-appealed the decision. The difference between the two sides' figures over a five-year rental period amounts to over €2.5M. The case centres on the methods behind the valuations of both sides. The court has been told that BCGSL held the lease on the building from 1987 for 35 years, a deal that expired in August 2022. BCGSL then received a new tenancy under Part II of the Landlord and Tenant (Amendment) Act 1980. In October, the café had its annual rent cut in half following a ruling by Judge Jennifer O'Brien, who ruled it should have to pay a rent of more than €738,000 per year. That figure was later adjusted to €747K - still a 50% drop to the previous €1.46 m being paid. The Circuit Court found that this fairly represented what a willing tenant would pay and a willing landlord would take for the premises as of August 2022 over a five-year lease term and that BCGSL was entitled to almost €1M for rent paid since the expiry of the previous lease. Both sides are appealing the decision of the Circuit Court. Fergus Crosse, an expert valuer retained by BCGSL, has told the High Court that improvements to the Bewley's building made by BCGSL also meant that the gross rent should be reduced. Mr Crosse is of the opinion that the statutory rental value of the property is €518K. David Potter, a valuer with Savills, was retained by RGRE Grafton. He said the statutory rent should be €1M per annum. Mr Crosse told Mr David Whelan SC, for BCGLS, that he employed a 'zoning' of arrears of the floor space at the café which meant that Zone A, closest to the entrance, would be the most valuable. Each tranche of zones was measured at 20 feet from the entry. Mr Crosse said he used comparator properties on Grafton Street in his analysis and that Zone B would be valued at 50% of Zone A and that Zone C would be valued at 50% of Zone B. Mr Potter said that an 'overall' view was more effective in determining the rent and that the use of the zoning model in this case led to a 'misvaluation'. Mr Potter said that the use of the zoning model meant that the restaurant floor space far from the door was now valued at a lower rate by Mr Crosse which "undervalued" the restaurant area. 'Bewley's space at the back is big money, it's the main restaurant,' said Mr Potter. 'It can't be valued as if it is the cheapest, worst space. Zoning undervalues it significantly, as if the rear is ancillary, but it is not - it is a really attractive restaurant,' he said. Mr Potter said that a valuation of €24 per square foot of the restaurant area while the staff room in nearby McDonald's restaurant was valued at €60 per square foot amounted to a 'fundamental misvaluation'. Mr Potter said he was valuing the property as a restaurant and not a restaurant-retail use agreement and said that Dublin City Council previously gave an opinion that it would prefer the use of Bewley's to be maintained as a restaurant and not a retail outlet. The case continues before Ms Justice Sara Phelan.
The Journal
a day ago
- The Journal
Dublin man (20) had gun hidden under bullet proof vest in taxi, court hears
A 20-YEAR-OLD man was caught in a taxi in Dublin with a loaded handgun after it fell out of his 'body armour' vest on Tuesday night, a court has heard. Craig McKeever of Dromard Road, Drimnagh, Dublin, was charged with an offence under the Firearms Act for unlawful possession of the .22 calibre handgun on 24 June at Turvey Road, Inchicore. He appeared before Judge Susan Fay at Dublin District Court today and was denied bail. In evidence, Garda Niall White said that the accused made no reply to the charge. He objected to bail and alleged that Mr McKeever was caught red-handed. He said the accused and another male got into a taxi, which gardaí approached, noticing a strong smell of cannabis. The court heard that during a search, the accused was found in the back seat wearing a body armour ballistics vest, out of which fell an army green .22 calibre pistol. 'One round of ammunition was discovered loaded in the firearm,' Garda White said. The court heard the gun was seized, along with the single round, a magazine storage holder, the body armour vest and €550 cash allegedly in Mr McKeever's possession. Advertisement The second male fled but was later granted bail, the court heard. Garda White voiced concerns that the seizure of the gun was related to an ongoing feud. The contested bail hearing was told the young man's house was burned down last year, rebuilt and later petrol bombed. He said the Garda ballistics section had also examined the gun. The offence can carry a maximum 14-year sentence. The accused did not address the court or indicate a plea, but the bail hearing was told that the case was likely to be transferred to the Circuit Court, which has greater sentencing powers. His barrister, Kevin McCrave, stressed he had the presumption of innocence and bail, that the weapon has to be tested by experts for the defence, and that his client could spend a year in custody on remand awaiting trial. Case law states that the court could consider bail where it might otherwise not due to lack of a speedy trial, he asserted. Counsel said his client had family in court who could support him, stand bail, and ensure he attended court. He argued that the court had a myriad of conditions it could apply to Mr McKeever, who would obey strict conditions similar to house arrest, which would be like having a Garda searchlight on him. Judge Fay said she considered the submissions but denied bail and remanded Mr McKeever in custody to appear at Cloverhill District Court on 3 July.
Chicago Tribune
4 days ago
- Chicago Tribune
Family of woman killed during Chicago police chase files lawsuit against city
The mother of a woman killed during a Chicago police chase last fall has filed a lawsuit against the city, alleging that Chicago police officers acted against department policy during the chase, resulting in the woman's death. The woman, identified in the lawsuit as Karen Henry, 61, was killed in November after a stolen vehicle crashed into another vehicle and a CTA bus in the Washington Park neighborhood. Thirteen others were injured in the collision. The lawsuit, filed June 18 in Cook County Circuit Court, does not name any officers engaged in the alleged misconduct. On the night of the Nov. 20, 2024, crash, police officers saw a vehicle in the 6800 block of South State Street driving fast and 'into oncoming traffic,' authorities said at the time. Officers followed the vehicle into an intersection in the 6000 block of State, where it first struck another vehicle and then hit a CTA bus. The lawsuit alleges that officers did not request or receive permission to engage in the chase. It accuses the officers of 'utter indifference to or conscious regard for the safety of others.' The lawsuit argues that officers failed to abandon the pursuit 'when it was the most reasonable course of action.' As of Monday afternoon, the city had not been served with the complaint, according to Law Department spokesperson Kristen Cabanban, adding that the city does not comment on pending litigation. The suit, which asks for a jury trial, was filed by Bethel Branford, Henry's mother and executor of her estate, according to a news release. It seeks a minimum of $50,000 in damages. 'Every day I remain completely devastated by the death of my beautiful daughter, and how senseless it was,' Branford said in the release. 'This never, ever had to happen if the Chicago police had used common sense to prioritize the safety of people in the community over a car chase. I pray now for accountability and that this type of tragedy never happens to another family again.' Attorneys representing Branford at Romanucci & Blandin LLC, said in the release that Henry was a 'vibrant and productive Chicagoan,' who 'cared for her mother, loved her siblings and best friends, and was passionate about travel and adventures.' 'The City of Chicago continues to cause tragedies like the death of Karen Henry by recklessly engaging in high-speed chases through densely populated areas,' attorney Antonio Romanucci said in the release. 'This wholly unnecessary loss of life is that much worse because the officers involved did not even call in to request, nor did they receive permission to chase this suspect for an alleged property crime. When will it stop?'
The Journal
20-06-2025
- The Journal
Man sentenced to three months in jail for brandishing knife at asylum seeker in Dublin migrant camp
A DOG WALKER was sentenced to three months in jail after being convicted of brandishing a knife at an asylum seeker in a Dublin migrant camp. Raymond Lawless, 63, of St Andrew's Court, was found guilty of the production of a knife at Sandwith Street, both in Dublin 2, on 8 May, 2023. He denied the offensive weapon charge but was found guilty by Judge John Hughes at Dublin District Court, handed a sentence, and fined €500. In evidence, the complainant said he was an asylum seeker who had been living in a tent in the encampment. He alleged that 'this man came around chasing everybody in the place with a knife'. He described it as a kitchen knife and recalled Lawless had his small Yorkshire terrier with him. However, he said the accused threatened to return later with two bigger dogs to 'chase us back to wherever we came from'. The witness said he called gardai to report the man coming into the camp to attack 'me and two or three guys'. He stated he tried to rescue his friends from Lawless. Cross-examined, he agreed he was intimidated not by the little dog with Lawless but because he said he would come back with two big dogs. Challenged over his knife claim, the defence barrister told the witness that Lawless had a trowel for cleaning up after his dog. 'It was a knife', he replied. Advertisement Garda Alan Cawley obtained CCTV footage from the area and took statements. The video evidence was played during the hearing. Rejecting the accusation when he took the stand, Lawless insisted he just went out to walk his dog and had a small garden trowel to clean up after his pet. He said he vaguely remembered the day and denied having anything on him to frighten anyone. Reacting to the complainant's evidence, Lawless said it was a 'complete lie' and he was adamant that he never went around carrying a knife. Questioned by the prosecutor, he confirmed he knew there was a refugee camp there because he lived across the road. He said he no longer had the trowel because the dog had died and he got rid of all his pet's things. When told the item looked like a knife, he replied: 'It may do, but I was not carrying a knife.' He added that he never spoke to anyone in the camp. Judge Hughes did not accept his account and said it was 'abundantly clear' in the CCTV footage that he was carrying a silver, chrome, long knife distinct from a garden trowel. He noted that the accused had one previous conviction for assault causing harm, which led to a Circuit Court imposing an 18-month suspended sentence in 2012. The court heard he had been receiving cancer treatment. Judge Hughes imposed the fine and a nine-month sentence but suspended the final six months on condition he did not reoffend in two years, had no contact with the complainant, stayed away from Sandwith Street, and completed an anger-management course. Lawless was released after lodging appeal bail.
