Saturday, 4 May 2024

'Privileged' couple 'resolve differences' in legal battle over property business

A High Court dispute between a couple who led a “privileged lifestyle” has been settled.

The action was taken by a Dublin businesswoman against her former partner over an alleged entitlement to a share in a property business which she claimed they built up together.

Ali Barker had sued businessman Owen Owens, with an address at Rochfort, The Burnaby, Greystones, Co Wicklow, and a company founded by him, Dunbury Holdings.

Mr Owens disputed Ms Barker’s claims in relation to what he said was his business. 

In a counterclaim, he sought orders requiring her to leave the house where she currently lives in Hillcourt Park, Glenageary, Co Dublin.

On Thursday, the court was told by Martin Hayden SC,  for Ms Barker, the parties had resolved their differences and the proceedings could be struck out.

No details of the settlement agreement were given.  The case had been expected to run for up to ten days. 

Mr Justice John Jordan congratulated the parties, and their lawyers, for arriving at a settlement.

  • Read more: ‘Privileged’ couple who split after 17 years together in legal battle over property business – amid claims of affairs and trespass

The judge said he appreciated the parties had found themselves in “exceptionally difficult circumstances”, describing it as “a cauldron of emotion” and expressed his hope they can move on with their lives.

Ms Barker sought various declarations including that the company constitutes a quasi-partnership between her and Mr Owens and they are each entitled to 50pc of the equity in the partnership.

She also claimed the company and Mr Owens’ business activities was a partnership between the two and that she was a cohabitant within the meaning of the 2010 Civil Partnership Act entitled to seek reliefs under that Act.  She also sought damages.

In his defence, Mr Owens said no business partnership ever existed between him and Ms Barker. The couple split in 2010, after 17 years together.

She claimed that, on his invitation in the 1990’s she quit her job in retail and worked with him in what became a substantial and successful property business.

She claims she was very actively involved and that allowed her and Mr Owens enjoy a privileged lifestyle.

They had a substantial home in Wicklow, a €1.6m holiday home in Mougins, France, a personal staff contingent, luxury vehicles, a 47ft yacht, horses, luxury travel, and significant spending power, she claimed.

In 1999, they had a daughter together.

In 2010, the relationship broke down.

She claimed Mr Owens cynically engineered a situation to end their personal relationship in order to deprive her of the protections and rights she says she would have been entitled to under the Civil Partnership Act.

Mr Owens denied all the allegations and said their relationship deteriorated and ended due to her conduct.  He rejected claims he cynically engineered a situation to deprive her of protections under the Act.

He said she had no entitlements under the new law which commenced in January 2011 and their relationship ended in April 2010.

In his counter-claim, he sought orders including for possession of the house where she resides in Glenageary, claiming he was the owner of that property.

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