Monday, May 28, 2012

First blood goes to developer fighting own case against banks -


Sunday May 27 2012

Battling developer Jerry Beades, who is being pursued by banks and is representing himself in court, secured two legal victories in separate hearings in the courts last week.

On Monday, the Dublin High Court dismissed bankruptcy proceedings against him taken by ACC Bank after a judge accepted Mr Beade's application that paperwork, accompanying the ACC claim was faulty.

Then two days later, Mr Beades, a former member of Fianna Fail's ard chomhairle and a former close associate of Bertie Ahern, successfully fought an application by Bank of Scotland which is pursuing him in the High Court for the repayment of a €9.7m personal loan allegedly given to him to develop an apartment complex on Richmond Avenue in Dublin's northside. Bank of Scotland sought judgement against Mr Beades in the High Court.

The bank's senior counsel, Rossa Fanning, argued that as the developer had failed to file papers responding to its claim by the previous Friday, he was offering no defence to it. On that basis, the bank was entitled to summary judgement for the €9.7m due yesterday.

But Mr Beades, in a colourful application, told Mr Justice Michael Peart that he intended defending the claim.

Mr Beades told the court about the High Court decision to dismiss bankruptcy proceedings brought against him by ACC Bank two days before.

He added that had those proceedings succeeded, he would not have defended Bank of Scotland's claim, as there would have been no point. Mr Beades also questioned the validity of the bank's affidavit outlining its claim against him.

He told the court that he had made inquiries with both the Law Society of England and Wales and the Law Society of Ireland, which had informed him that the solicitor in whose presence the affidavit was signed, Jack Sheehy, was not registered with either body as a practising solicitor.

Mr Beades read from an email he had received that morning from what he described as the "fraud intelligence unit" of the Law Society in London, saying: "Having checked our records and made further inquiries I can confirm that Mr Jack Sheehy is not a solicitor in England and Wales."

Mr Beades also said the Law Society of England and Wales informed him that the fraud and intelligence unit was investigating the matter. He argued that the bank's claim could be based on "criminal documents".

Mr Justice Peart gave Mr Beades until June 22, to reply to the bank's claim, and listed the case for mention on June 26.

He told the developer to ensure that his reply was as concise as possible, and explained that if he wanted to defend the action, it would be adjourned for a full hearing on June 26.

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