Judge who heard CRH cases 'held shares in firm'

A JUDGE who has heard a series of competition law cases involving CRH had shares in the building materials group, the High Court heard yesterday.

Kilsaran Concrete yesterday asked the High Court to wind up rival Goode Concrete, which is now in receivership, after it failed to pay legal costs due to Kilsaran dating back to a case that first came before the court in November 2010.

Goode sought a High Court order banning Kilsaran, CRH and others from selling readymix concrete products at below cost. Goode failed to get the order and, as a result, was liable for the costs.

Goode Concrete intends appealing that decision to the Supreme Court on a number of grounds, including that it believes Mr Justice Cooke, who made the ruling, held shares in CRH.

According to an affidavit from Seamus Maye, director of the Framus group, Mr Justice Cooke acquired the shares in 2009 and 2010.

Mr Maye’s affidavit states that Mr Justice Cooke acquired 1,437 shares in CRH in March 2009. On December 9th, 2010, shortly after the Goode case first came before him, he acquired a further 2,500 shares in the company.

He received dividends in May and October 2009, in May and October 2010, and again in May 2012. Mr Maye’s affidavit adds that he no longer holds an interest in these CRH shares.

Mr Maye says he was informed of this in a conversation with KPMG, liquidator of Bloxham Stockbrokers, which had bought the shares on his behalf through an agent in London.

When the Goode case first came before him in November 2010, Mr Justice Cooke said he had a small number of CRH shares in his pension fund.

According to Mr Maye’s affidavit, his solicitors wrote to the judge earlier this month to ascertain the extent of the interest he held in CRH shares. Mr Justice Cooke responded by saying the application for that information should be made in open court, and on notice to all parties involved in the Supreme Court appeal.