Peter McVerry Trust seeks injunctions against alleged trespassers in Dublin properties

High Court reporters

The High Court has granted injunctions requiring that a number of people allegedly in illegal occupation of three buildings in Dublin owned by the Peter McVerry Trust Ltd vacate the properties.

Mr Justice Brian Cregan granted the trust orders preventing trespass by "persons unknown" at an apartment in Cabra Road, Phibsborough, a multi-unit building on the North Circular Road, Grangegorman, and a three storey Georgian building on Drumcondra Road Lower. The order also applies to three individuals who gave their names when a security company was sent to find out what was going on at the buildings.

On Wednesday, the trust was granted an order allowing for service of proceedings at short notice on the defendants in the three cases. The application was made on a one side only represented basis by Barry Mansfield, instructed by Lavelle Partner solicitors.

In an affidavit, trust director Tony O'Brien said all three properties are used to provide accommodation for people in need. Those occupying the buildings were in effect "jumping the queue" by doing so and should not be allowed to unilaterally usurp the trust's function in allocating housing by doing it themselves, he said.

He was particularly conscious of the risk of fire and the implications for the trust's insurance.

When the trust learned of the occupations last March, they sent a security firm to investigate. They identified three people in each of the buildings but others refused to engage, Mr O'Brien said. In the North Circular Road building, it appeared access was being gained by ladder at a window of the rear of the property.

As owner of the properties, the trust wants to obtain vacant possession, he said.

Mr Mansfield, for the trust, told the court it had not been possible to establish how many people were in the buildings. Two of the identified individuals appear to be connected but not the third, he said.

Mr Justice Cregan said service could be effected through notices, in plain English, accompanied by the court papers in a box. He said the case could come back next week.