Tuesday 26 September 2017

Bank of Scotland's €97m action against developer Jerry Beades adjourned

AN application by Bank of Scotland requiring developer Jerry Beades to pay some €9.7m related to loans advanced for an development of 48 apartments in north Dublin has been adjourned at the High Court.



It came after Mr Beades told the High Court today that documents served on him by the bank form part of an investigation in the UK.



The bank's application for judgment against Mr Beades was admitted to Commercial Court by Mr Justice Kelly last month.



Today Mr Beades sought an adjournment on grounds including that an affidavit sworn by an official of Bank of Scotland included in the bank's action against him was part of "a criminal investigation" by the England and Wales Law Society's Fraud and Confidential Intelligence Bureau.



Mr Beades, who disputes the bank's claim said the affidavit was sworn before and signed in London by a person purporting to being a practising solicitor. However the UK's law society had confirmed to him that this person was not a practising solicitor.



In addition, he said the London work address put down on the document by the purported solicitor was in fact the address of a solicitor that had gone out of business some 18 months ago.



Mr Justice Michael Peart said that he was prepared to adjourn the matter to allow Mr Beades prepare an affidavit in response to the bank's application for summary judgment. The Judge said that Mr Beades should set out in as clear terms as possible the reasons why he says the bank is not entitled to summary judgment.



The Judge made the matter returnable to a date in late June. The Judge said he was not prepared to adjourn the application until any investigation or proceedings in the UK had been concluded.



Rossa Fanning Bl for the bank said that it had not received an replying affidavit from Mr Beades in response to its application for summary judgment. Mr Beades had no defence to the claim and the Bank, counsel added, wished to proceed with its application for judgment of the sum it says is due.



Following the court's decision to adjourn the case Mr Fanning said that he did not want to give the impression that his silence on Mr Beades more exotic claims meant his client does not reject or deny Mr Beades' allegations against the bank.



Counsel said that the bank would require that Mr Beades furnish it with his affidavit well in advance of the next court dates so it could replay to allegations against it.



Seeking the adjournment, Mr Beades with addresses at Richmond Road and Richmond Avenue, Fairview, Dublin and currently working in the Middle East said he had recently been dealing with an application to have him declared bankrupt, which he said was struck out.



As a result of that and work commitments he was unable to file a replying affidavit to the banks claim.



Mr Beades, who represented himself, told the court that he was concerned about the affidavit. He said that there were 100's of others like it before the courts.



He said that an e-mail from the UK 's law society today informed him that the person in question who purported to be a solicitor has applied to for the status of Registered European Lawyer on April 1st last.



The UK's Solicitors Regulation Authority turned down the application due to insufficient documentation being granted. A new application had been made. In addition the Irish Law Society confirmed that the person is not registered in this jurisdiction as a solicitor.

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