Judge orders occupiers to leave Pearse Street property

Bank-appointed receiver secures injunctions giving him possession of disputed property

A number of people who have been occupying a house in Dublin city since September in a bid to highlight the homeless crisis and the issues have been ordered by the High Court to leave the building.

A bank appointed receiver secured injunctions on Monday giving him possession of the property in Dublin’s Pearse Street. Mr Justice David Barniville said everybody is entitled to protest but must do so in a lawful manner. The judge directed the occupants of 76 Pearse Street to leave the property, remove all their personal belongings and equipment from there and not obstruct the receiver in carrying out his functions.

The court previously heard the property, which the receiver wants to sell, has been occupied as part of “a politically motivated campaign” highlighting homelessness. The application for vacant possession of the premises was brought by insolvency practitioner Declan Taite, whom Allied Irish Banks had appointed receiver over the property in 2013.

Mr Taite claimed the property has been occupied by persons unknown since early September and they had no lawful right to be there. The court heard agents for the receiver, who had been inspecting the property on a regular basis, first noticed the locks had been changed and that a number of people had moved into the property around September 6th last.

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The receiver’s agents have been unable to gain access to the property due to some sort of a blockade placed behind the door, it was stated. In court on Monday, Eithne Corry, for the receiver, said the matter had become more serious because certain posts on a Facebook page connected to the occupation contained alleged threats against the person who went to the house to serve court documents on the occupants.

A man who said he was representing the occupants told the court the offensive social media comments were not endorsed by the occupants of the house and would be taken down from the Facebook page. He asked that the case be adjourned so the occupants could get legal representations. Mr Justice Bairniville refused an adjournment, saying he was satisfied the circumstances were of considerable urgency.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times