Saturday 26 May 2018

Mechanic who owes €30k after fraudulent claim told not to sell luxury powerboat

Ian Doyle (33) of Academy Buildings, Parkwest, Dublin 12 pictured at the Four Courts for a Circuit Civil Court action. Photo: Collins Courts
Ian Doyle (33) of Academy Buildings, Parkwest, Dublin 12 pictured at the Four Courts for a Circuit Civil Court action. Photo: Collins Courts

Ray Managh

A 34-year-old Dublin Bus mechanic, who owes legal costs of almost €30,000 to the Motor Insurance Bureau of Ireland arising from a fraudulent personal injuries claim, has been told by a judge that he must not sell a €50,000 luxury sports cabin cruiser powerboat that he owns.

Judge Jacqueline Linnane in the Circuit Civil Court also ordered Ian Doyle, of Academy Buildings, Park West, Nangor Road, Dublin 12, not to reduce his assets below €28,881.

Barrister Moira Flahive, counsel for Zurich Insurance and the MIBI, said that in October last year the President of the Circuit Court, Mr Justice Raymond Groarke, found that Doyle had fraudulently claimed €60,000 damages against motorist Belinda McLoughlin and the MIBI in a “set up” road traffic accident.

Ms Flahive, who appeared with DAC Beachcroft Solicitors, told Judge Linnane that an order for legal costs had been made against Doyle and these had now been officially taxed at €28,881:78c in favour of the MIBI which was seeking to recover them.

She told the court Doyle had been found to be one of four linked claimants seeking a total of €240,000 damages against motorist Belinda McLoughlin who Zurich Insurance had refused to indemnify and, on the part of the MIBI, had fought the cases on the basis the accident had been a set-up.

Ms Flahive said Zurich Insurance had conducted a search of any assets Doyle might have and had discovered that the DublinBus mechanic was attempting to sell on Adverts.ie his luxury cruiser power boat currently at The Boat Yard, Belerne River Village, Dernaglush, Belturbet, Co Cavan.  He was doing this fully aware of the €28,881.78c judgment against him.

A claims handler for Zurich told the court in a sworn statement that Doyle was the owner of 90 The Academy Buildings, Park West, Nangor Road, Dublin 10 where he lived with his partner and their five children. KBC Bank Ireland and Dublin City Council held charges against the property.

The remaining three claimants in the set-up accident included Peter Slattery (41) an undertaker and part-time airport driver, of Charlemont, Griffigth Avenue, Dublin 9.  Belinda McLoughlin was his girlfriend who had admitted liability for the accident but took no part in the defence of the cases against her and the MIBI.

The other two claimants were Samantha Byrne (28) of Suncroft Drive, Tallaght, and her sister Jessica Byrne (25) of Bawnlea Avenue, Jobstown, Tallaght.  The four each made €60,000 whiplash injury type claims against McLoughlin and the MIBI.

Mr Justice Groarke said in October last that one would want to be blind not to see a hand orchestrating a number of collisions involving the four. “These accidents were planned…and all four plaintiffs were willing participants in them and party to a fraud,” he stated.

He said Slattery “who had but a passing familiarity with the truth” would be entirely comfortable to engage in a scam of fraudulent claims arising from set-up accidents. The legal costs of each fraudulent claim were awarded against each claimant in favour of the MIBI.

The successful application before Judge Linnane, blocking sale of Doyle’s luxury cruiser and restraining him from reducing his assets, did not involve any of the other three claimants.

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