Irish industrialist peer loses claim to nearby cottage

Millionaire industrialist Lord Ballyedmond - formerly Dr Edward Haughey - lost a court action yesterday over a derelict cottage…

Millionaire industrialist Lord Ballyedmond - formerly Dr Edward Haughey - lost a court action yesterday over a derelict cottage adjoining his Co Down estate.

The head of Norbrook Laboratories claimed he had acquired title to the cottage and garden adjoining his home at Ballyedmond Castle by adverse possession - a legal term for what is commonly known as squatter's rights where ownership can be acquired after 12 years.

The disputed site has uninterrupted views of Carlingford Lough and is believed to be worth £300,000 (€435,000).

Guy Scott-Foxwell (55), who was brought up in the cottage and now lives in Scotland, sued Lord Ballyedmond for trespass and also sought a declaration that he had no interest or entitlement to the cottage and garden.

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The case was heard last December and in a reserved judgement yesterday Lord Justice Campbell said it was apparent that in recent years Lord Ballyedmond and his two companies - Norbrook Laboratories and Ballyedmond Castle Farms - had a firm intention to possess the disputed land and had been in factual possession of it.

But the judge said: "They have failed to discharge the onus of proving that they have had a sufficient degree of physical control or an intention to exercise such custody and control over it for the requisite period of 12 years.

"Accordingly, I find that Mr Scott-Foxwell has not been dispossessed and that he is entitled to a declaration."

Solicitor Tim Donnelly, who appeared for Mr Scott-Foxwell, said: "It was a classic case of the little man against the big industrialist and the attendant financial risks involved. It is gratifying to know that at the end of the day justice has been done."

Michael Lavery QC said Mr Scott-Foxwell also had a claim for damages and added: "We ask only for nominal damages rather than getting involved in further litigation."

Lord Justice Campbell said: "I make a nominal figure of £5." He also ordered Lord Ballyedmond and his companies to pay the legal costs of the action.