Crime & Law

Court orders Savills estate agents to provide information to John Magnier

Magniers claim material sought is needed in relation to dispute over sale of Barne Estate

The Magniers are seeking for the €15m deal to buy Barne estate, which they say was struck on August 22nd, to be completed
The Magniers are seeking for the €15m deal to buy Barne estate, which they say was struck on August 22nd, to be completed
Mon Nov 04 2024 - 19:00

The Commercial Court has ordered that Savills estate agents provide certain information that billionaire bloodstock owner John Magnier and his family claim they need for the hearing of their dispute with the owners of a 751-acre estate, which the Magniers say they had an agreement to buy.

The case concerns the sale of the Barne Estate, near Clonmel, Co Tipperary in which Savills Ireland was the lead agent for the owners of the estate.

John Magnier, who owns Coolmore Stud in Tipperary, and his children, John Paul Magnier and Kate Wachman, claim they had an agreement with the Barne owners to buy the Golden Vale estate for €15 million.

Barne Estate is held for the benefit of Richard Thomson-Moore, his sister Alexandra, their children, and their spouses by a Jersey trust.

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The Magniers have sued the Barne Estate, Mr Thomson-Moore and three companies of IQEQ (Jersey) Ltd seeking that the €15 million deal to buy, which they say was struck on August 22nd last, be completed.

The Barne defendants say there was never any such agreement and subsequently they agreed to sell it for €22.5 million to construction magnate Maurice Regan, founder of the New York building firm JT Magen. Mr Regan is not a party to the case.

A counterclaim has also been filed for slander of title, alleging the Magnier proceedings and the filing of a legal question mark over dealings in the property, known as a lis pendens, was preventing the owners from selling it to Mr Regan.

[ Brown envelopes and the Barne Estate: John Magnier’s battle to buy one of Co Tipperary’s most prized farms ]

As part of the pre-trial process of divulging documents and records, the Magniers and the defendants agreed to certain discovery earlier this year which included all communications for most of 2023 between the defendants and Savills Ireland, which was the lead estate agent appointed by the defendants for the sale.

[ Barne Estate row generates considerable heat but chink of light rests on key question ]

However, the Magniers’ lawyers say that following a review of the discovery provided, there were “obvious deficiencies” in relation to certain phone data, including WhatsApp messages between Savills’s Patrick O’Higgins and Coolmore’s Jerome Casey.

As a result, Stephen Walsh BL, for the Magniers, asked the Commercial Court to order discovery against Savills, which is not a party to the case.

Eoin O’Shea BL, for the defendants, and Hugh McDowell BL, for Savills, said they were neutral on the application with the proviso that the defendants also be supplied with a copy of the material sought.

Mr Justice Denis McDonald said he would make the order that further discovery be made and said Savills would have six weeks to do so.

The hearing of the case is due to take place in March.