sad story there this morning in the irish times is about brothers involved in litigation they are now
in the 10th year of a legal battle with each other over a field in county clare my name is terry gory
i'm a solicitor and i make videos about irish law business entrepreneurship that sort of thing the
battle between the two brothers over the ownership of a four and a half acre field the county clear
has gone on ten years it was a court of appeal decision yesterday restraining one sibling joseph
from pursuing further litigation in four different courts unless he gets permission to do so the
litigation has been in the high court previously has been in the circuit court has been in the
supreme court basically there was a dispute about land that was transferred by parents
via deed or by way of a deed and the parents reserved the right to reside in the property
but after the death of the last surviving parent and slattery thomas was registered as full owner
after disputed land and he opposed his brother's trespass claim joseph joseph counter claimed that
he was the owner the legal owner of the lands the circuit court found in favor of hummus
restrained joseph joseph's last appeals against that decision to the high court and the court of
appeal joseph then took further circuit court proceedings seeking rectification of the title
and joseph took fresh high court proceedings seeking orders that he was the rightful owner of
the land thomas got those struck out on the basis that the ownership issue had already been decided
and got what is known as an isaac wonder order an isaac wonder order is an order from a court
uh preventing or restraining a person from bringing any more legal proceedings without
the permission or consent of the court the court of appeal upheld those orders in 2019 on appeal
the supreme court refused to hear a further appeal by joseph observing that a line now needed to be
drawn within the litigation that was in 2019 and that's three years ago obviously in march 2020
joseph sought to raise further issues before the high court and the high court refused the order or
sought joseph then representing himself appealed to the court of appeal making various claims that
he'd been denied due process natural justice and so on the high court had in 2016 six years ago
observed that the amount of legal costs incurred over the field is extraordinary when the value
of the land is taken into account the court of appeal basically issued or confirmed the isaac
wonder order restraining joseph from bringing further proceedings in the circuit court the high
court the court of appeal and the supreme court against his brother and specified state parties
unless he had received leave from the court to do so basically the court of appeal in dismissing
all grounds of appeal said that the matter must come to an end and consideration must be afforded
to the rights of thomas who has said he is elderly and in poor health as well as those of joseph
the court of appeal held this is the tenth year of the legal battle the field is four and a half
acres nearly inch apparently in county clear it is uh i don't know the value of the field
but you can imagine yourself the value if it's agricultural land and i presume that it is four
and a half acres of agriculture land and county clear has a certain value but that value has been
greatly exceeded by the legal costs incurred in this ten-year battle which is clearly absurd
sad situation though and i see this quite regularly
not this type of thing a dispute over a field or dispute over land but i see people
quite regularly who become obsessed and obsessive about particular issues either in the workplace
or out of the workplace perhaps grievances perhaps a disciplinary procedure that's gone
against them perhaps a bullying complaint that's gone against them i've seen all sorts of sort of
obsessive behavior it's very very sad because uh unfortunately the person in
question is unable or unwilling to put the thing behind them and just get on with life
this case here 10 years of illegal battle over a field of four and a half acres anyway i hope
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