A multimillion euro compensation award to the controversial property company Jackson Way will be decided within six weeks, the arbitrator deciding on the company's claim said yesterday.
Mr John Shackleton rejected calls by Dún Laoghaire-Rathdown County Council for further evidence on Jackson Way's claim for €47 million in compensation for land acquired for the South-Eastern Motorway at Carrickmines, Co Dublin. He accused the council of trying to "drag the matter out" and stop him doing his work. Lawyers for the council claimed at yesterday's arbitration hearing in Dún Laoghaire that the company's evidence on its ownership structure was not "credible" because it conflicted with evidence given to the Flood tribunal, which is investigating allegations of planning corruption involving Jackson Way.
They also claimed the Jackson Way land was subject to a restrictive covenant which would prevent any houses being built on it. This would adversely affect the land's value and should be taken into account before any compensation award was determined.
However, Mr Shackleton said his job was merely to decide on a claim for a piece of property. Issues relating to the title had nothing to do with him. Jackson Way would have to prove its title to the land after any award was made before it could collect its money. If issues arose which affected the valuation of the land, these could revert to him and he would deal with them "10 years down the line".
The prospect of the company actually receiving a substantial award in the near future remains in doubt, however, with council lawyers warning of "further conflict" over the issue which could last for years. In addition, Jackson Way is being investigated by the Criminal Assets Bureau, which may seize any award made by the arbitrator.
Mr Dermot Flanagan SC, for the council, said the company had claimed its interest in the Carrickmines land was freehold and free from encumbrances. However, last December, after the arbitrator had finished hearing evidence, a neighbouring landowner, solicitor Mr Kevin Smith, revealed he was the beneficiary of a covenant that prevented any houses being built on the Jackson Way land.
Mr Flanagan argued the company had failed in its duty to bring forward a compensation claim based on full information. It had tried to maximise its claim by not disclosing to the arbitrator all relevant information.
A Birmingham property agent, Mr Alan Holland, appeared at earlier arbitration hearings as the sole shareholder of Jackson Way. Mr Holland said any proceeds from development of the land would be reinvested in the Republic.
However, Mr Flanagan said the Flood tribunal had since heard that Jackson Way was merely a trust company holding the land for Mr Jim Kennedy and Mr John Caldwell, and that no development was taking place. The information proffered to the tribunal and the arbitration hearing could not be reconciled.
Mr Hugh O'Neill SC, for Jackson Way, said the council had an "ulterior" motive "extraneous" to the arbitration hearing for seeking to have Mr Holland return to Ireland to give further evidence. It was unreasonable and unnecessary to recall him when he had already given evidence unchallenged.
He said Jackson Way would prove its title once the compensation award was made. This was the correct way to proceed.
Earlier this year, the firm was struck off the UK companies register, but was recently reinstated. Mr Shackleton yesterday rejected the council's demand for formal evidence on this and said he accepted the company's word that it had been reinstated.
About 20 acres of the 100 acres owned by Jackson Way at Carrickmines was acquired for the motorway. The council says it is willing to pay only €7.6 million for this land.
