A Dublin solicitor has brought High Court proceedings alleging that failures by solicitor Michael Lynn to honour undertakings relating to 10 apartments in Carrick-on-Shannon, Co Leitrim, have left him unable to register ownership of the properties, writes Mary Carolan.
In the proceedings, Barry Lyons, of Lyons Kenny solicitors, wants to get the title deeds to the properties. Robert Beatty, for Mr Lyons, told Ms Justice Mary Laffoy yesterday that "time is of the essence" in having the matter heard as judgment mortgages were being registered "every day" against the properties.
The proceedings came via 10 separate actions before Ms Justice Laffoy, who agreed to an application by Mr Beatty to consolidate all but one of them into one action. Mr Beatty said all of the actions related to one property development and the 10 cases were initiated because lis pendens (orders restraining dealings) with each of the 10 properties had been sought.
The consolidated actions are against Mr Lynn and a John Riordan. A solicitor for Mr Riordan told the judge yesterday that Mr Riordan was at one point a co-owner of some properties with Mr Lynn but had no title deeds to them. Mr Lynn was Mr Riordan's solicitor, the judge was told.
The judge left over the 10th set of proceedings as it involved Kendar Ltd, a property firm of Mr Lynn's. She noted the firm was in receivership and said the receiver should be put on notice of the action. The judge gave leave for the proceedings to be brought before the President of the High Court, Mr Justice Richard Johnson, next Monday.
Earlier, Mr Beatty said there had been "frank and open" correspondence between his side and the Law Society relating to the whereabouts of the title documents. The society had the title deeds, and his side needed the documents to mitigate loss and had brought a motion to join the society as a defendant.
Paul Anthony McDermott, for the society, said he believed he would be opposing any application to join the society as a defendant. He wanted an opportunity to consider the papers and to see if there was any legal basis for the society to be joined to the claim.
Gabriel Gavigan, for Mr Lynn, said yesterday he had been unable to get instructions by then on the matter but was not opposing the application to consolidate the actions.
