Topic: Lord Ballyedmond given injunction to 'end trespassing' (Read 12806 times)

RedLeader · « **on:** July 02, 2010 »

Quote

Industrialist, Edward Haughey, has secured an order to stop trespassing on his land in a dispute over access to a stretch of County Down beach.

Lord Ballyedmond, owner of Norbrook Laboratories, was granted a High Court injunction against Newry and Mourne District Council, restraining it from using a laneway on his estate.

The council had sought an alternative direction for the removal of metal fences erected on the land close to the foreshore at Killowen.

Mr Justice Deeny ruled the status quo should remain with Lord Ballyedmond until the case is ultimately decided at full trial.

The case centres on whether the lane is a public right of way.

The judge said: "The onus is on the council to prove the public have a right of way, not on the owner of the land to disprove it."
'Confrontations'

The judge resisted a bid to extend the injunction to include a prohibition on any form of encouragement to use the lane.

He did so after lawyers for the council pledged to do nothing that would flout the terms of the order.

The court heard how the local authority had carried out an inquiry and formed the view that there was a public right of way.

But after coming to that opinion, there were a number of "unfortunate confrontations" at the scene, according to Mr Justice Deeny.

Lord Ballyedmond applied for an order restraining any trespassing on the land and to stop the council from claiming the public could use it.

The judge pointed to one of the arguments being about alleged trespassers being close to "sensitive research facilities" for Norbrook Laboratories.
'Spiked fencing'

Applying a legal test, Mr Justice Deeny held that status quo rests with Lord Ballyedmond as owner of the land under dispute.

A senior barrister for the council argued there was no need to grant an injunction due to the physical obstruction put in place.

He described it as "large, spiked fencing set in concrete".

The lawyer said: "My client will take no steps that will in any way impinge the order of the court and will respect the order of the court completely."

As he granted the interim injunction to Lord Ballyedmond, Mr Justice Deeny also stressed how the case was still to be resolved.

He said: "In my view the outcome of this dispute at trial remains an open issue with both parties having an arguable case."

A week-long hearing is expected to take place at the High Court later this year.

The 2010 Sunday Times rich list estimated that Lord Ballyedmond is the richest individual in Northern Ireland with a fortune of £500m.

As well as the Ballyedmond Estate his other properties include the Corby Castle estate in Cumbria and a Grade 1 listed townhouse in Belgravia, central London.

http://news.bbc.co.uk/1/hi/northern_ireland/10490748.stm

LennyJ1 · « **Reply #1 on:** July 02, 2010 »

what a twanker

MG1 · « **Reply #2 on:** July 02, 2010 »

I seen in a paper that the guy had ex Gurka soldiers on patrol.

LennyJ1 · « **Reply #3 on:** July 02, 2010 »

sounds like he is hiding soimething

RedLeader · « **Reply #4 on:** July 02, 2010 »

Probably just a rich git who doesn't like to look out the windows of his mansion and see the proles wandering about on the beach.

Quote from: LennyJ1 on July 02, 2010

sounds like he is hiding soimething

ChuckMcB · « **Reply #5 on:** July 02, 2010 »

Quote from: J on July 02, 2010

sounds like he is hiding soimething

Yup, his own private harbour: "The Council is aware that, in the course of his harbour construction, Lord Ballyedmond has encroached on a greater area of foreshore land than that granted in the extraction signed by the Council in 1995." (source)

At least it's not finished yet:

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....until the case is ultimately decided at full trial....

Shame that the tax payers of Newry & Mourne are funding the defence.

His lawyers have been busy:

Ballyedmond sues for libel as villager denies stirring protest
Lord Ballyedmond and son get go-ahead for libel action

Either way it shows you what can happen if you piss of a land owner.

RedLeader · « **Reply #6 on:** July 02, 2010 »

And the richest man in NI

Quote from: Chuck on July 02, 2010

Either way it shows you what can happen if you piss of a land owner.

surfnscenic · « **Reply #7 on:** July 02, 2010 »

A rich,arrogrant bully who has the finances to get what he wants and if he doesn't he has the money to drown his sorrows. Win Win for him.

MG1 · « **Reply #8 on:** July 03, 2010 »

This sounds like an NI wild camp in his garden all full of BUCKFAST.... Bring it on!!

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Author Topic: Lord Ballyedmond given injunction to 'end trespassing' (Read 12806 times)

RedLeader

Lord Ballyedmond given injunction to 'end trespassing'

LennyJ1

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MG1

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LennyJ1

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RedLeader

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ChuckMcB

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RedLeader

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surfnscenic

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MG1

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