A LIBEL action taken by an occasional Lahinch resident against his niece has been settled after a judge urged both sides to stand back, stating there would be no winners in the case.
At Ennis Circuit Court, Seán Franklin, College View, Western Road, Cork, was taking a libel case against his niece Angelene O’Loughlin of 33rd Avenue, San Francisco, California, and also of Tullyvarvan, Lahinch, Co Clare.
Mr Franklin’s case concerned statements Ms O’Loughlin made in 2003 relating to a planning application which Mr Franklin and Ms O’Loughlin’s aunt, Frances, lodged to construct a home at Tullyvarvan, Lahinch.
Mr Franklin claimed that he was upset and embarrassed as a result of the allegations, claiming that he had undergone emotional suffering as a result of the correspondence Ms O’Loughlin made with Clare County Council and Open Door properties.
Des Long, for Mr Franklin, told the court that Ms O’Loughlin had accused Mr Franklin of manipulating the planning process.
Ms O’Loughlin denied libel, pleading justification.
Her uncle, Des Fitzgerald, told the court that the dispute with the Franklins dated back to 2003 when Seán Franklin changed a boundary between the O’Loughlin and Franklin properties at Lahinch. Mr Fitzgerald confirmed to the court that he did not speak to Mr Franklin or his sister, Mr Franklin’s wife, Frances, as a result of the dispute.
Before Mr Franklin was due to give evidence, Judge Terence O’Sullivan told the court it was an unfortunate dispute involving members of a family. “There won’t be winners out of this,” he added. He said that he would give both sides five minutes to consider their position.
After Mr Franklin’s solicitor, John Callinan, consulted with the Franklins for more than half an hour, it was indicated that the case was going to proceed.
However, Mr Callinan came back into court and asked for two more minutes. Mr Long, then came back into court to state that the case had been settled between the parties with no order.
Judge O’Sullivan said he was glad to hear the case had been settled.
