Brendan Burgess
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I saw this case in the Circuit Court today.
Back in 2012, the plaintiff was awarded €100,000 damages in the High Court against his uncle for sexual abuse when he was 6 years old.
Shortly afterwards he registered a judgement mortgage against the defendant's home.
There is still €92,000 unpaid - he is paying it at €50 a week.
The victim was today awarded an order that the court would sell the abuser's home to pay the compensation.
The abuser was outside the court, but was represented by a McKinsey friend who argued:
"This is his principal private residence. It’s the house he inherited on the death of his mother. It has a personal and family history.
He has his final law exams in June and August 2017.
The stress related to the case has caused him to see his doctor"
The barrister for the victim was excellent.
She pointed out that it was also most stressful for her client.
He wanted payment of the compensation so that he could end his contact with the abuser and get on with his life.
The judge was very skeptical that the defendant would have a significant increase in income when he passes his exams. So she ordered a court sale of the house.
I hadn't come across that before. Apparently where there is a legal mortgage, the bank gets possession of the house and can sell it. In this case the court seems to sell the property.
I gather that there is also a legal mortgage outstanding.
Back in 2012, the plaintiff was awarded €100,000 damages in the High Court against his uncle for sexual abuse when he was 6 years old.
Shortly afterwards he registered a judgement mortgage against the defendant's home.
There is still €92,000 unpaid - he is paying it at €50 a week.
The victim was today awarded an order that the court would sell the abuser's home to pay the compensation.
The abuser was outside the court, but was represented by a McKinsey friend who argued:
"This is his principal private residence. It’s the house he inherited on the death of his mother. It has a personal and family history.
He has his final law exams in June and August 2017.
The stress related to the case has caused him to see his doctor"
The barrister for the victim was excellent.
She pointed out that it was also most stressful for her client.
He wanted payment of the compensation so that he could end his contact with the abuser and get on with his life.
The judge was very skeptical that the defendant would have a significant increase in income when he passes his exams. So she ordered a court sale of the house.
I hadn't come across that before. Apparently where there is a legal mortgage, the bank gets possession of the house and can sell it. In this case the court seems to sell the property.
I gather that there is also a legal mortgage outstanding.