Glenveagh has settled its €8 million High Court claim against two Co Meath residents it alleged serially objected to its planning applications as part of an alleged attempted “shakedown”.
Mr Justice Richard Humphreys agreed to make orders, with consent from both sides, cancelling the planned two-week hearing due to start on Tuesday and for Glenveagh’s legal costs to be covered by defendants Pat Lynch and Denise Leavy.
The court’s order on consent also noted that Mr Lynch and Ms Leavy “accept that the within proceedings do not constitute strategic litigation against public participation”.
No further details of the settlement were outlined to the court.
Mr Lynch, an insurance consultant, and Ms Leavy, a retired bank official, continue to strongly deny all the allegations against them.
Glenveagh’s case is believed to have been the first developer legal action in Ireland alleging abuse of the statutory planning process by way of “tortious interference” with its business interests.
It claimed the duo’s actions were predominantly aimed at “leveraging an improved bargain” for Mr Lynch in his bid to secure better terms in selling 16 acres of his land to Glenveagh.
A €7.8 million price tag had previously been agreed in principle, the firm claimed.
The developer alleged the defendants were “highly targeted” in making submissions and appeals on its projects across the country as part of an alleged “shake-down” attempt while costing Glenveagh millions.
Mr Lynch and Ms Leavy, who both have addresses in Batterstown, Proudstown, Navan, Co Meath, were set to contest the case over two weeks without the assistance of lawyers in what they characterised as a “David and Goliath” showdown.
They had asked the court on many occasions to delay the hearing– for a “chance to fight this”– as their previous lawyers, FP Logue, ceased representing them, and they were struggling to find a replacement legal team.
They maintain that their objections had “no vexatious intent” and were made as per planning laws. The developer’s case against them was “entirely groundless”, they claimed.
Last April, Mr Justice Humphreys rejected an application from Mr Lynch and Ms Leavy seeking to have the case thrown out at an early stage because, they claimed, it amounted to abusive strategic litigation against public participation (Slapp).
The judge said the construction firm’s case raised “complex issues” and required further investigation by way of a full High Court trial, when disputes over factual claims could be teased out.
The defendants were at that point represented by solicitors and a junior and senior barrister.
Glenveagh Homes denies its case was Slapp or designed to intimidate. It was represented by Michael Howard SC, Niall Handy SC and Kevin Bell, instructed by AMOSS solicitors.
The case will be mentioned before the court in May 2025.
