This is a very complex legal case which has been ongoing for many years.  In recent times the Council has been involved in many court actions to repossess the house. 

The Circuit Court granted an order for possession of the Council rented dwelling at 4 Lealand Walk late last year, the Order has since been challenged.  The process involved in this order is outlined below.

A Civil Bill was served on the Defendant on the 31st March 2011 and he entered an Appearance personally on the 14th April 2011.  Despite pressure from the Council no Defence was filed.   The Council then issued a Motion for Judgement in Default of Defence which came before the Court on the 25th July 2011, when it was adjourned at the request of a solicitor on behalf of the Defendant.  As the Courts were closed in September and October the matter was adjourned to the 10th October 2011 to allow the Defendant to file a defence.  When the matter came before the Court in October, no Defence had been filed and the Council obtained an Order for Possession of the premises.

This order was appealed by the Defendant and that Appeal came before the Court on the 1st December 2011. The Defendant had now engaged a new firm of solicitors (his 6th in this case) and Counsel. The Appeal was allowed and the time for filing a Defence was extended. A defence was filed.

As the defence was very vague The Council immediately issued (8th December) issued a Notice for Further & Better Particulars of various points therein.  This Notice was not complied with and accordingly it became necessary to issue a further Notice of Motion, seeking a Court Order to compel the Defendant to reply to it. The Motion came before the Court on the 28th March 2012 when it was adjourned to the 25th April 2012 (after Easter).  By the 25th April the Defendant's solicitors had replied to our Notice for Particulars.  However our Counsel contended that some of the responses were inadequate and the Defendant was allowed a further 21 days by the Court to fully respond to the issues in question.  This means that the Defendant has until today to comply with the Court Order.   Despite a reminder letter the required details have not been received and it is now necessary to bring the matter before the Court again.

 When the issue of our Notice of Particulars has been fully dealt with, it will then be possible to notify the Defendant's solicitors that we are going to serve a Notice of Trial, which will bring the matter before the Court by way of a full oral hearing.  

No 2 Lealand Walk has been declared a derelict site by the Council, under the terms of Section 3 of the Derelict Sites Act 1990.   As this did not result in the site being rendered non derelict by the owners a process to vest the property in the Council was instigated.   However during this process a mortgage institution informed the Council that they had obtained a court order for possession of the house but that this order had been appealed to the court.   Legal advice has been sought with regards to the Vesting of this property and this advice is awaited at present.