High Court proceedings brought by TV doctor Dr Nina Byrnes against businessman Derek Richardson over a medical surgery she has been operating at a South Dublin shopping centre have been resolved.
While Dr Byrnes, who has presented the TV shows Health of the Nation for RTÉ and Doctor in the House for TV3, has brought her action against Mr Richard to an end her claim against other parties arising out the dispute over the surgery remains in being.
The case commenced earlier this month when Dr Byrnes secured a temporary High Court injunction restoring her to possession of the GP surgery, trading under the name Generation Health on the first floor of Glenageary Shopping Centre, Glenageary Road Upper, Co Dublin.
Evicted
She claimed she was evicted from the surgery by the landlords and owners of the property from where she has operated the surgery since June of last year. Her proceedings were against Pearl Health Ltd, its director David Johnson of Killiney Hill Upper, Killiney, Co Dublin, and the alleged owner of the building, Mr Richardson, who is the owner of English Rugby team Wasps.
The matter returned before Mr Justice Tony O’Connor at the High Court on Monday. Following talks between lawyers the court heard Dr Byrnes’s entire proceedings against Mr Richardson could be struck out and the injunction against him could be discharged.
The businessman’s lawyers said the dispute was between Dr Byrnes and Pearl Health and not Mr Richardson. Mr Richardson had described the injunction against him as being “oppressive and vexatious”. The court also heard the injunction against Mr Johnson and Pearl Health and Dr Byrnes could be struck out on terms. However her claim against Pearl and Mr Johnson is to proceed.
Her barrister, Luan Ó Braonain SC, said it had been agreed that the parties would take steps to expedite the full hearing of the dispute before the High Court. No details of the terms or any arrangements agreed between the parties were given in open court. The injunction restrained the defendants from interfering with Dr Byrnes’s operation of the surgery and the employees working at the the medical practice.
The defendants were also ordered to surrender vacant possession of the property to her and were prohibited from trespassing on the property. The injunction also restrained the defendants from accessing interfering or removing patients’ records held at the GP clinic.
Clinic
In a sworn statement Dr Byrnes said that in 2015 she established a new GP clinic at Glenageary Shopping Centre. She did so after Pearl Health Ltd said its plan was to bring together dentists, physiotherapists and other related professionals at the shopping centre to create a medical centre.
She said it was agreed she would lease the property and would have exclusive rights to provide GP services under the “Generation Health” brand. She claimed in recent months there were incidents that amounted to an unlawful interference with her business.
Legal correspondence between the parties followed. Dr Byrnes said she was informed her agreement with the defendants had been terminated.
When she arrived for work on Friday, August 12th last, there was an attempt to lock her out of the premises. She claimed the actions of the respondents will cause irreparable damage to her medical and business reputations, as well as her standing in the community.
