A High Court judge has given ACCBank permission to pursue in other EU states the recovery of debts due to it from missing solicitor Michael Lynn.
Mr Justice Peter Kelly yesterday approved the bank's application for European Enforcement Orders (EEO), made under an EU regulation which came into force in 2005.
The orders make it easier for creditors to take steps in countries where Mr Lynn has properties to recover debts due in Ireland. Mr Lynn, who has properties in Portugal and Bulgaria, is the subject of an arrest order by the High Court which will hear next Monday what steps gardaí have taken to execute the order. The court heard on Monday that Mr Lynn is not believed to be in Ireland.
Yesterday, ACCBank, one of a number of financial institutions which have secured judgments requiring Mr Lynn to repay millions of euro in loans on various properties, asked Mr Justice Kelly, sitting in the Commercial Court, to approve EEOs in order to allow the bank pursue repayment from Mr Lynn.
Brian Kennedy, counsel for ACC, said the 2005 regulation provides that, where a claim for a debt is uncontested, an EEO makes it easier to enforce judgments in other EU member states. Mr Lynn had not contested two judgments in November last relating to almost €6 million owed by him to ACC.
In affidavits, Seán Barton, solicitor with McCann Fitzgerald, said ACC had on November 5th last obtained judgment against Mr Lynn for €1.74 million relating to mortgage and loan facilities advanced to him. The bank obtained another judgment of €3.76 million on November 26th in relation to loans advanced to Mr Lynn and his wife Bríd Murphy for the purchase of Glenlion House in Howth, Dublin.
The Irish Times has established that Bank of Scotland (Ireland) also intends to take steps to seize UK properties owned by Mr Lynn and to sell them to recover at least some of the multimillion euro loans owed to it by him.
The bank has identified properties owned by Mr Lynn in Europe but is only planning to try to seize assets on which it has charges.
Mr Lynn, whose practising certificate was this week suspended by the High Court on the application of the Law Society, is wanted for cross-examination by the Law Society about property dealings which have contributed to his estimated liabilities of more than €80 million.
His assets have been valued at €52.5 million and he or his firms were listed as having some 154 bank accounts and dealings concerning some 148 properties.