An elderly mother has alleged her youngest son exerted pressure on her to sign a lease for development of a mews premises at the rear of her home at Fitzwilliam Square, Dublin, which mews was later demolished without her consent and a well-known restaurant built on the site.
Renee ffrench-O'Carroll, who came to Ireland in 1940 told the High Court her parents had given her the four-storey over basement house at 55 Fitzwilliam Square, with the mews at the rear opening on to Pembroke Lane, as a wedding gift on her marriage to Michael ffrench-O'Carroll in 1944. The couple had five children and separated in 1969. Mrs ffRench-O'Carroll said it was a French custom that a gift be given to children and it had always been her intention to divide her property equally between her children.
However, her youngest son Arthur had regarded the mews as his inheritance. The actions of her son regarding the mews had affected the inheritance of her other children, she added.
She claims her son exerted undue pressure on her to sign a 99-year lease in 1989 concerning development of the mews as a restaurant. The premises was developed as a restaurant/gallery known as The Lane Gallery. In 1995, that restaurant was running into financial difficulties and her son asked her to sign a lease regarding it. She had signed it under time pressure and it was not explained to her that there was a clause for possible assignment of the lease interest.
She said she had refused in 1998 to agree to assignment of the lease and Arthur had become very annoyed and had told her he would have to "become a partner", she said.
Without her consent, she claimed, the mews property, which had included a ground floor restaurant and flats upstairs, was subsequently demolished and a new and larger building was erected on the site which now includes the Diep Le Shaker restaurant. She had learned Arthur had become a partner in Killardport Ltd, which is beneficially owned by companies in Gibraltar, and that company was operating the Diep Le Shaker restaurant on what had been her mews property at 5a and 5b Pembroke Lane. She agreed with her counsel, Brian Dempsey SC, that her son simply went ahead when she refused to give consent for assignment of the lease. "That's always been his way, do it first and ask for retention permission later."
Mr Dempsey said there had been "a strong bond of affection" between mother and son and she had supported him through "many dark days". With the demolition of the mews, that bond between them was finally broken, he said.
Mr Justice Thomas Smyth yesterday began hearing an appeal by Arthur ffrench-O'Carroll, Wellington Place, Clyde Road, Ballsbridge, Dublin, against an order of the Circuit Court of September 2005 in favour of Ms ffrench-O'Carroll. The Circuit Court held that the execution of the lease of 1995 was procured by undue influence and that the lease is null and void. The case continues today.
