A High Court judge has ruled that John Magnier must disclose a number of “serious” documents, which could implicate his adviser of a criminal offence, in relation to the ongoing case over Barne Estate in Tipperary.
The Coolmore boss had claimed legal privilege over 10 documents in his case against the defendants, Barne Estate Limited, Richard Thomson Moore and associated companies, in which he said he had agreed to purchase the 751ac estate in Co Tipperary.
Magnier claimed that his adviser Eugene McCague gave him legal advice relating to the estate, which is contained in the documents, even though McCague did not have a solicitor’s practising certificate at the time.
However, Magnier is not claiming that his adviser committed a criminal offence, he is claiming that McCague could have committed a criminal offence.
Mr Justice Michael Twomey said this “unusual” application will presumably undermine Magnier’s case.
“Indeed, it seems clear to this court that Mr Magnier is well aware that he is making a very serious claim about his own adviser, in order not to have to disclose the documents to the defendants.”
Claims
To avoid disclosing the documents, Magnier also made a second claim which relates to McCague, the judge said. He claimed that he believed that McCague held a practising certificate when he gave the advice in question.
However, a person “without a practising certificate, who pretends to be a solicitor or makes a representation implying that he is a solicitor, is also guilty of a criminal offence”, he said.
The judge decided that there were only two possible conclusions to the application: that there would then be evidence that the “longstanding and valued adviser” did commit a criminal offence or he did not provide legal advice and the documents must be disclosed.
“A plaintiff wants to stop a court getting to the truth of a dispute with the defendants by preventing evidence being disclosed to the court (by claiming privilege), but that person is not prepared to provide evidence to support that application,” said Mr Justice Twomey.
“Instead, to support his application, he is prepared to allege, without evidence, that, in effect, a criminal offence may have been committed.
“In these circumstances, should a court allow itself to be used in this manner, particularly where the consequences of the order being sought are so serious to the administration of justice?”
Verdict
In his verdict to the application, the judge said that Magnier was “seeking to deprive the trial court of access to evidence which would enable the trial court to establish the truth”.
Justice Twomey said that the deciding factor was that the legal advice, if given by McCague, would not have been provided legitimately, as he did not have a practising certificate.
Last year, the Coolmore boss launched legal proceedings against Barne Estate Ltd, Barne Estate trust representatives and Richard Thomson Moore alleging that the estate had reneged on a €15m contract to buy the 751ac Tipperary holding.
For this reason, the judge said the documents cannot be privileged and must be disclosed.
The judge adjourned the case until 10.30am on Tuesday 12 November to deal with any final orders and costs.
Background
Last year, the Coolmore boss launched legal proceedings against Barne Estate Ltd, Barne Estate trust representatives and Richard Thomson Moore alleging that the estate had reneged on a €15m contract to buy the 751ac Tipperary holding.
The response from Barne Estate was to counter-claim by denying that any binding contract was agreed with Magnier and filing for alleged damages caused by the Coolmore boss to the sum of €22.5m.
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A High Court judge has ruled that John Magnier must disclose a number of “serious” documents, which could implicate his adviser of a criminal offence, in relation to the ongoing case over Barne Estate in Tipperary.
The Coolmore boss had claimed legal privilege over 10 documents in his case against the defendants, Barne Estate Limited, Richard Thomson Moore and associated companies, in which he said he had agreed to purchase the 751ac estate in Co Tipperary.
Magnier claimed that his adviser Eugene McCague gave him legal advice relating to the estate, which is contained in the documents, even though McCague did not have a solicitor’s practising certificate at the time.
However, Magnier is not claiming that his adviser committed a criminal offence, he is claiming that McCague could have committed a criminal offence.
Mr Justice Michael Twomey said this “unusual” application will presumably undermine Magnier’s case.
“Indeed, it seems clear to this court that Mr Magnier is well aware that he is making a very serious claim about his own adviser, in order not to have to disclose the documents to the defendants.”
Claims
To avoid disclosing the documents, Magnier also made a second claim which relates to McCague, the judge said. He claimed that he believed that McCague held a practising certificate when he gave the advice in question.
However, a person “without a practising certificate, who pretends to be a solicitor or makes a representation implying that he is a solicitor, is also guilty of a criminal offence”, he said.
The judge decided that there were only two possible conclusions to the application: that there would then be evidence that the “longstanding and valued adviser” did commit a criminal offence or he did not provide legal advice and the documents must be disclosed.
“A plaintiff wants to stop a court getting to the truth of a dispute with the defendants by preventing evidence being disclosed to the court (by claiming privilege), but that person is not prepared to provide evidence to support that application,” said Mr Justice Twomey.
“Instead, to support his application, he is prepared to allege, without evidence, that, in effect, a criminal offence may have been committed.
“In these circumstances, should a court allow itself to be used in this manner, particularly where the consequences of the order being sought are so serious to the administration of justice?”
Verdict
In his verdict to the application, the judge said that Magnier was “seeking to deprive the trial court of access to evidence which would enable the trial court to establish the truth”.
Justice Twomey said that the deciding factor was that the legal advice, if given by McCague, would not have been provided legitimately, as he did not have a practising certificate.
Last year, the Coolmore boss launched legal proceedings against Barne Estate Ltd, Barne Estate trust representatives and Richard Thomson Moore alleging that the estate had reneged on a €15m contract to buy the 751ac Tipperary holding.
For this reason, the judge said the documents cannot be privileged and must be disclosed.
The judge adjourned the case until 10.30am on Tuesday 12 November to deal with any final orders and costs.
Background
Last year, the Coolmore boss launched legal proceedings against Barne Estate Ltd, Barne Estate trust representatives and Richard Thomson Moore alleging that the estate had reneged on a €15m contract to buy the 751ac Tipperary holding.
The response from Barne Estate was to counter-claim by denying that any binding contract was agreed with Magnier and filing for alleged damages caused by the Coolmore boss to the sum of €22.5m.
Read more
Coolmore empire: the farms controlled by Magnier family
Magnier eager to set date for High Court showdown on Barne Estate
Bidding on Tipp farm heating up
Coolmore companies net over €450,000 in CAP payments
Coolmore donates 1,000t of silage to local farmers
Magniers seek damages for alleged breach of Barne exclusivity agreement
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