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Irish Times
2 days ago
- Business
- Irish Times
‘Are you trying to rile me? You're doing a good job,' John Magnier tells Barne Estate's barrister
In the witness box, John Magnier appeared nonplussed about the extent of his wealth; money was only his way of 'keeping the score' . He left school at 15, he told a rapt and packed Commercial Court. Therefore, he wasn't familiar with a lot of legal jargon. All that stuff he left to his experts. 'Who are these experts?' asked barrister Martin Hayden, representing the Barne Estate owners. 'They're too numerous to mention,' was the response. Mr Magnier hoped his second day of evidence in his court case over his alleged purchase of the Barne Estate in Co Tipperary for €15 million would be his final day of ever giving evidence in court. READ MORE At the heart of the dispute is whether an enforceable sale took place when Mr Magnier shook hands with auctioneer John Stokes and the owners of the Barne Estate, Richard Thomson-Moore and his wife Anna, on August 22nd, 2023. The meeting took place at Mr Magnier's Coolmore home in Co Tipperary and he thought he had a deal. Mr Hayden, senior counsel for the Thomson-Moores, mixed flattery with a forensic dissection of the nature of the disputed Barne Estate deal. 'Congratulations, you have been a very successful businessman,' he offered by way of his opening gambit. 'I have had good days and bad days,' Mr Magnier responded. Mr Hayden continued: 'If it was a profit-and-loss account, your good days would outweigh the bad ones by a reasonable margin. Is that so?' 'I've been fortunate,' said Mr Magnier. 'You have a world-class establishment in Coolmore. In essence, would you say you are in the category of billionaire with your overall assets?' continued Mr Hayden. 'I hope so,' Mr Magnier responded. Later Mr Hayden suggested Mr Magnier is a 'very intelligent man'. The star witness was having none of it: 'That will get nowhere with me. If I was this intelligent, why would I need all these people around me?' The people he referred to were the solicitors and tax experts. 'Are you trying to rile me? You're doing a good job,' he said at one stage to Mr Hayden. On another occasion, he accused Mr Hayden of treating him like a parrot by making him say the same things over and over again. Mr Magnier denied he purchased 20,000 acres of land in Co Tipperary but admitted he did not know exactly how much land he owned. Mr Hayden posited to him that he had acquired a huge property portfolio at home and abroad. He asked whether he was really suggesting he did not know the meaning of the phrase 'subject to contract'. Stressing again that he left school at 15, Mr Magnier responded: 'I haven't a good education. I employ people to do things on my behalf. It is what it is. 'I don't understand this legal jargon as I should, but that's the reality. I have people better than me looking after it.' Solicitors, he said, 'cost enough, you do have faith in them'. Much of the evidence on day two of the case focused on the nature of the sale. Mr Magnier was asked whether he was buying the land or the company that owned the Barne Estate when he offered €15 million for it. Mr Magnier said it was 'either/or', and he had an open mind about it. Mr Hayden asked Mr Magnier if he would still pay €15 million for the company if it transpired it had debts. 'I would leave it to the experts. You are putting hypothetical questions to me,' said Mr Magnier. The barrister countered: 'You are trying to convince people that you never made a decision in your life. We both know that is not true. Why do you need an expert to decide?' Mr Hayden said the option to buy the company rather than just the land only emerged in September when it was clear that an exclusivity agreement to buy the land had lapsed. Mr Magnier, therefore, had no enforceable contract to buy the land, the lawyer said. The case continues.
Irish Times
3 days ago
- Business
- Irish Times
Barne Estate case: Oral contract generates mountain of paperwork in court
An oral contract is not worth the paper it is written on, the film mogul Samuel Goldwyn once observed. The oral contract that ended in the alleged sale of the Barne Estate in Co Tipperary to the billionaire businessman John Magnier has generated a veritable mountain of paperwork. Magnier and family are suing Barne Estate owner Richard Thomson-Moore and others over the purported sale on the evening of August 22nd, 2023 of the 751-acre estate in Co Tipperary. There were boxes piled up on the seats of a crowded Court 11 and stacks of blue-grey boxes bearing the name of Magnier's solicitors Arthur Cox for which there was no room in the court. READ MORE After lunch Mr Justice Max Barrett acknowledged that he is going to need a bigger courtroom and ordered that the boxes be removed to let people sit down. Magnier's counsel Paul Gallagher led the court patiently through page after page of written evidence – more than 500 pages in total. Among the WhatsApp messages he read was one from Alex Thomson-Moore, the sister of Richard Thomson-Moore, who wrote: 'One of us needs to be writing a diary and turning this into a Sunday night TV thriller.' Tolstoy's War and Peace, more like. Counsel for the Barne Estate Martin Heyden interjected to say there had been an 'extraordinarily disproportionate' level of demand for documents in the case from Magnier's side and the process was costing a 'staggering amount of money'. [ 'Gargantuan' data search ongoing in case over alleged €15 million sale of Barne estate to businessman John Magnier Opens in new window ] The star witness, John Magnier, gave evidence just after 3pm. 'This is my first day here ever,' he added with a pause when asked how often he had ended up in court over a deal like this. He has amassed a huge fortune through his Coolmore bloodstock operation and much of Co Tipperary. He crossed swords with Manchester United manager Sir Alex Ferguson and won. Yet, aside from the odd horse racing interview about his Coolmore prodigies, he rarely, if ever, speaks in public about his dealings. He has made his fortune while remaining a mystery. He spoke quietly and deliberately, aside from once when he got irritated and handed Heyden a copy of his statement only to demand it back again later. The Barne Estate was adjoining two farms that he owned and he was keen to purchase it. He went to visit it on July 7th, 2023 and noticed something odd. The Thomson-Moores were growing potatoes, which is 'hard on land'. When he inquired he was told that the Thomson-Moores were always 'strapped for cash' and had found a cash customer for the potatoes. 'That struck a chord with me,' he said. On the evening of August 22nd, Thomson-Moore, his wife, and auctioneer John Stokes arrived to the Coolmore House. Stokes demanded €18 million for the Barne Estate. 'That led me to believe that they were not serious about doing a deal. I was taken aback by it,' said Magnier. 'Between the jigs and reels and going back and forth,' he added, they finally settled on a figure of €15 million. Stokes and the Thomson-Moores adjourned to another room and then came back. 'John [Stokes] put out his hand, and said, 'John, we have a deal.'' It wasn't subject to anything, they all shook hands, everybody was happy and he thought he had a deal, Magnier remembered. He later gave the Thomson-Moores €50,000 in cash for three reasons: firstly, for allowing him to till the farm; secondly, because they were under financial pressure; and thirdly, because they were resisting a counter-offer from US-based businessman Maurice Regan. [ John Magnier confirms he gave 'strapped for cash' estate owners €50,000 in cash in two envelopes Opens in new window ] Magnier knew when the money was returned on September 11th, 2023 that the deal was in trouble. He wanted to resolve the issue by peaceful means and upped his offer to more than €16 million and €500,000 in a trust for the Thomson-Moores' disabled son. It was rejected. 'We were left with no choice but to launch proceedings,' he said. He spoke with Stokes on October 6th. 'I asked him what was going on. 'John, there is one word for it – greed.''
Irish Examiner
3 days ago
- Business
- Irish Examiner
John Magnier's legal action over €15m Tipperary land deal opens in High Court
Coolmore Stud bloodstock billionaire John Magnier's legal action over a collapsed €15m Co Tipperary land deal has opened at the High Court. The hearing is expected to last three weeks. Lawyers acting for Mr Magnier are claiming Maurice Regan, the US-based construction magnate is allegedly engaged in a 'full frontal assault' on a property deal for the Barne Estate after it was purportedly agreed in August 2023. Mr Magnier was present in court for the opening of the case. Mr Magnier's proceedings are anchored in the claim the owners of the Barne Estate reneged on a purported deal to sell the 751-acre estate to him for €15m, instead choosing to sell to Mr Regan for a higher price. Opening the case on Tuesday before Mr Justice Max Barrett, Paul Gallagher SC, for the Magniers, claimed Mr Regan's pursuit of the land breached an exclusivity agreement made on the purported deal between representatives of the estate and Mr Magnier. Mr Magnier — along with his adult children John Paul Magnier and Kate Wachman — wants to enforce the alleged deal. They say the deal was struck at an August 22, 2023, meeting at Mr Magnier's Coolmore Stud. They also claim an exclusivity agreement, stipulating the estate not permit its representatives to solicit or encourage any expression of interest, inquiry or offer on the property from anyone other than Mr Magnier, was in effect from August 31 to September 30. Barne Estate is held for the benefit of Richard Thomson-Moore, his sister Alexandra, their children, and their spouses by a Jersey trust. The Magniers have sued the Barne Estate, Mr Thomson-Moore and three companies of IQEQ (Jersey) Ltd group seeking to enforce the purported deal. The Barne defendants say there was never any such agreement and subsequently they agreed to sell it for €22.5m to Mr Regan, founder of the New York building firm JT Magen. Mr Regan is not a party to the case. Mr Gallagher claimed a local estate agent involved in the deal, John Stokes, appeared 'visibly shaken' when he visited Mr Magnier following calls from Mr Regan after the deal was claimed to be agreed. Mr Gallagher also told the court Mr Regan allegedly arranged for crime journalist Paul Williams to contact Stokes. 'The implication was that his [Mr Regan's] exclusion from the bidding process was somehow unlawful,' said Mr Gallagher. Read More Magnier lawyers claim construction magnate funding owners' defence on alleged reneged estate sale
Irish Times
22-05-2025
- Irish Times
Decades of ‘daily frustration' over traffic end as Killaloe-Ballina bridge opens
The 'frustration' of decades of traffic congestion and long tailbacks in Killaloe, Co Clare , and Ballina, Co Tipperary , abruptly ended after an €88m bridge linking the two lakeside tourist towns was officially opened on Thursday. Christened after former high king of Ireland Brian Ború, who ruled from the area 1,000 years ago, the Brian Ború bridge, part of a 6.2km bypass scheme, is the first vehicular bridge to cross the Shannon river since the opening of Shannon Way Bridge in 1991. That bridge connects Athlone, Co Westmeath, to the east and Roscommon to the west. The bridge, a 'complex engineering feat' took two-and-a-half years to complete, and it is hoped the link will boost the local economy while also improving the quality of life for residents and visitors by diverting traffic and HGVs out of both centres. New cycling and pedestrian facilities are also included along the 6.2km route connecting the existing R494 from Ballina to the M7 link road at Birdhill. READ MORE Describing it as a 'transformative' development, Minister for Transport Darragh O'Brien said the funding allocated by the department represented a 'significant' Government investment in regional infrastructure and continued investment in modernising the country's road network. The Minister said the development would 'significantly enhance' safety on the regional road network as well as encouraging 'more sustainable, active travel along this vital corridor'. Cathaoirleach of Clare County Council Cllr Alan O'Callaghan said the development was a welcome relief for locals who had endured decades of traffic congestion that 'led to long tailbacks causing significant pollution and poor air quality from standing traffic'. Cllr O'Callaghan said: 'The daily frustration from 7,000 vehicles a day crossing the old single-lane bridge cannot be overestimated, with road safety also an issue due to the lack of segregation between pedestrians, cyclists, and vehicles ... but today all that will change.' Clare County Council chief executive Gordon Daly said the new route would be 'a catalyst for social and economic development' locally. The new bridge linking Killaloe and Ballina was officially opened today Cathaoirleach of Tipperary County Council Cllr Declan Burgess said it was 'a historic day' and pledged that the completed scheme 'will remove traffic from the towns and allow them to fulfil their potential for both the existing residents and the many tourists that will be attracted to the area'. According to Sinéad Carr, chief executive of Tipperary County Council, the development, which was constructed by Sisk and designed by RPS Consulting Engineers, 'could not have been delivered without the co-operation of the local communities in both towns and I want to thank them for their patience and understanding as they tolerated the disruption that came with the construction'. 'I am sure that everyone can agree that any inconvenience was well worth it now that we have the finished product in place,' Ms Carr said.
Irish Times
09-05-2025
- Irish Times
Garda withdraws damages claim after court hears he climbed Ireland's highest mountains after incident
A garda who claimed his back and legs had been injured in a traffic crash overlooked telling a judge that he had afterwards climbed four of Ireland's highest peaks: Carrauntoohil in Munster, Lugnaquilla in Leinster, Slieve Donard in Ulster and Mweelrea in Connacht. Immediately after Judge Sarah Berkeley heard in the Circuit Civil Court that Garda Sean Daly, of Curkish, Bailieborough, Co Cavan, had achieved the impressive climbs in a single weekend, she rose to allow his legal team to discuss the future of his €60,000 damages claim with defence barrister Shane English. Mr Daly (42), who claimed he had been injured while participating in a Garda driving programme, sued Garda Commissioner Drew Harris, his colleague who had been driving an unmarked garda car, the Minister for Justice Jim O'Callaghan and Hyundai Cars Ireland, the manufacturer of the vehicle that struck and skidded 100 metres along a ditch in Co Tipperary seven years ago. When the court resumed on Thursday after the brief adjournment and talks between the parties, Mr Daly's barrister told Judge Berkeley he had received instructions from his client to withdraw his claim. READ MORE Mr Daly's claim collapsed during cross-examination by Mr English, who, with Hayley Tarmey of Ennis Solicitors, was representing all four defendants. Mr Daly told Mr English he had been struggling to get back to soccer, running, walking and gym work for months after the crash. He said he had not attended his doctor until February 9th 2018, a year and five months after the October 2016 crash and had difficulty remembering if he had attended his solicitor before or on the same day he had gone to his doctor. Mr English reminded him he had signed an Injuries Board claim form and attended his doctor on the same day. Approaching the closure of his cross-examination, Mr English asked Mr Daly if he had engaged in any other physical activities shortly after his crash and when he told several times he had not, counsel asked him to think carefully and reminded him he was giving his evidence on oath. When Mr Daly finally stated he had not participated in any other activities, Mr English asked him again if there was anything else that might be escaping his memory as to what he may or may not have done and when Mr Daly said not that he could think of anything, Mr English asked him: 'Have you heard of the Four Peaks?' Mr Daly agreed he knew of them and also agreed the climbs lasted between four and seven hours. He had done the climbs but could not remember when. 'And you climbed all four of them in the one weekend did you not?' Mr English asked. Mr Daly agreed but disagreed with counsel that one would have to be 'pretty fit' to walk the four highest peaks in Ireland in one weekend. 'And you climbed them in May 2017, seven months after this accident and before you went to your doctor,' Mr English said. 'Why would you tell this court 'I can't do this and that and I'm trying to get back to doing this and that' without telling the court that you had climbed four of the highest peaks in Ireland?' When Mr Daly told the court he had not remembered when he had climbed the four highest peaks, Mr English said: 'It is not credible and I am surprised, to say the least, that you hold a very responsible role and I think you should have told us that.' Judge Berkeley rose and went to her chambers while the two parties talked outside court. Mr Daly pulled his case within minutes.
