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A financial fund is entitled to judgment for €4.85 million against businessman Tom Doran over loans advanced to buy lands in Co Westmeath almost 20 years ago, a High Court judge has ruled.
Mr Justice Alexander Owens said Mayo-born Mr Doran, aged in his sixties, is “a canny businessman” who, when the loans were advanced, was a successful developer in London and also held shares in racehorses. He is now a landlord in London, the judge said.
Mr Doran, the judge believed, had “revisited his memory” of what happened when the loans were advanced by Allied Irish Banks to buy two blocks of farmland at Irishtown, Mullingar in 2006 and 2007.
The land, near St Finian’s College, was perceived at the time to have development potential but was not zoned for residential development in the Co Westmeath 2002 development plan, he said. The land was part of a farm which adjoined land zoned for residential development.
Mr Doran borrowed €926,500 on foot of the 2006 loan and €2.6 million under the terms of the 2007 loan. He had agreed in late 2005 to buy the first block of land, about 22 acres, for €850,000 and in April 2007 agreed to buy the second block of 30 acres for €3 million.
After default on repayments, AIB and, at a later stage, Everyday, which purchased the loans and related charges from AIB in 2018, pursued recovery of the debt but Mr Doran maintained he was not liable.
Among various claims, Mr Doran claimed an AIB official had agreed to get valuations to establish for him the land purchase represented value for money, he was deceived by her into thinking she got those valuations and he acted on that by committing to buy the lands.
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He claimed that, before he drew the loans, documents purporting to be valuations were placed on the bank’s file which were not genuine. AIB was negligent and in breach of contract by not getting reliable valuations before it advanced the loans, he claimed.
In dismissing Mr Doran’s claims in a judgment published this week, Mr Justice Owens said Mr Doran’s evidence to the court “was a mixture of what he was thinking, doing, saying and being told back in 2005, 2006, and 2007, and wishful thinking”.
Everyday, he ruled, was entitled to judgment for just over €4.85 million in principal and interest on foot of the loans.
He rejected various arguments by Mr Doran, including that an AIB official, Sharon Scanlon, had promised she would get valuations which would assist him in deciding whether to buy either of the two tranches of land at the vendors’ asking price.
Ms Scanlon is a daughter of Mr Doran’s “erstwhile” friend and business associate, Tom Scanlon, the judge noted. Ms Scanlon, a businessman and builder from Co Meath, owned a house and racehorses with Mr Doran and Mr Scanlon had introduced Mr Doran to the prospect of buying the lands at Irishtown.
Mr Doran, the judge concluded, was not interested in getting valuations when the bought the lands and did not rely on any representations relating to either their existence of content.
Mr Doran was not deceived into taking any step which he would not otherwise have taken, he held.
Neither the terms of the facility letters governing the loans, nor the circumstances of the relationship between AIB and Mr Doran, imposed any contractual or other obligation on AIB to provide him with assurance that what he paid for the land represented value for money, the judge held.
A settlement previously reached in the dispute later broke down, leading to the matter going to hearing.
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A judge has refused to continue orders requiring online platform X to lift its suspension on the account of a cryptocurrency analyst and take down about 400 accounts allegedly impersonating him.
The interim orders were granted by the High Court’s Mr Justice Max Barrett ex parte (one side represented) to Eduaordo Jardel Furlan Farina on September 18th last but were stayed the following day after counsel for X raised several issues, including concerns some of the alleged impersonator accounts may be genuine.
Mr Justice Barrett stayed the interim orders pending his judgment on whether to continue them until the full hearing of the case.
In his judgment published this week, the judge refused to continue the orders.
He said the orders sought were mandatory in nature and, to continue them at this stage of the case, Mr Farina had to demonstrate he had a strong case likely to succeed at trial.
X was entitled under its terms of service to suspend Mr Farina’s account and the suspension was not disproportionate, he said.
The sole evidence of harm to Mr Farina was his claim the suspension would damage his livelihood and reputation, he said. Damages would be an adequate remedy should Mr Farina win his case, he held.
The monitoring obligations which were sought to be imposed on X could potentially cause harm to it and to innocent account holders whose accounts might be flagged by automated systems seeking to detect account impersonators, he said
Mr Farina, an Athens-based content creator, cryptocurrency expert and analyst, had, when seeking the orders, estimated he was losing up to $20,000 (€16,258) monthly due to the suspension of his account.
Mr Farina said he was also concerned some of his followers have suffered financial losses from engaging with some imposter accounts in the mistaken belief they were dealing with him.
In March 2022, Mr Farina had impersonated a ‘blue tick’ verified account on X. He said his purpose was to test the strength of X’s protections against impersonation of verified accounts.
Mr Farina’s account was suspended on July 17th for “ban evasion”, a platform rule which prohibits account holders from circumventing X enforcement actions.
Mr Farina’s solicitor Rory Knight said his client immediately tried to contact X to appeal the suspension, which he believed was done in error, perhaps in the belief his account was an impersonation account, but X responded with automated replies.
Mr Farina had in 2012 set up an account with the defendant, then known as Twitter, and known as X from July 2023. XRP is a cryptocurrency used by a platform called the XRP Ledger and Mr Farina used his X account to provide advice to would-be investors in XRP.
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MARTIN MANSERGH, A key advisor to Fianna Fáil during the peace process, has died aged 78.
The former junior minister is understood to have passed away while on a visit to Western Sahara with a group of other retired Irish politicians.
Taoiseach and leader of Fianna Fáil Micheál Martin paid tribute to Mansergh, calling him “unquestionably one of the most important public servants” in Ireland’s recent history.
Martin said Mansergh was devoted to the “cause of peace on our island and throughout Europe”, providing guidance to leaders of Fianna Fáil, both in government and in opposition.
“It is with deep sadness that I learned this morning about the passing of Martin Mansergh during a trip to the Sahara with other retired parliamentarians,” Martin said in a statement.
“I had the honour of knowing Martin for over four decades. He was unquestionably one of the most important public servants in our recent history, filling many different roles and having a profound impact on issues deeply important to the Irish people.”
Martin praised Mansergh for his “indispensable” diplomatic work advising Irish governments during critical moments for the EU.
“One example is his advice during the Irish Presidency of the Council in 1990 which helped secure endorsement of German reunification following the fall of communism,” Martin added.
Mansergh obtained a doctorate from Oxford before taking up a role in the Department of Foreign Affairs in the 1970s.
He was recruited into Fianna Fáil and worked for the party thereafter.
This led to him taking on the role of senior adviser to Fianna Fáil leaders including Bertie Ahern. Later, in the 200s, he served as a senator and as a TD for Tipperary South.
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A 22-year-old nursery worker has been jailed for eight years for multiple counts of child cruelty after abusing 21 babies.
Roksana Lecka, from Hounslow, west London, admitted seven counts of cruelty to a person under the age of 16 and was convicted after a trial of another 14 counts over her “gratuitous” and “sadistic” actions at two nurseries.
Her crimes were discovered in June last year after she was sent home for pinching a number of children at Riverside Nursery in Twickenham, south-west London.
Parents of Lecka’s victims told of their feelings of heartbreak, guilt and distrust in victim impact statements at Kingston Crown Court.
Judge Sarah Plaschkes KC told the defendant: “You committed multiple acts of gratuitous violence.
“You pinched, slapped, punched, smacked and kicked them. You pulled their ears, hair and their toes. You toppled children headfirst into cots. You caused bruising and lingering red marks.
“When you committed these acts of cruelty you would look at the other members of staff to make sure that they were not watching you.
“Often the child would be quietly and happily minding their own business before you deliberately inflicted pain causing the child to cry, arch, try to get away or writhe around in distress.”
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