Just as we Predicted "The case they don't want to happen"

We always said the system would not allow this case to happen easily.  They have tried everything in its power to stop it and failed. Making a scapegoat of Sean Fitzpatrick will pull the wool over nobody's eyes.  They can run and hide as much as they want but time is with the Quinns.

High Court agrees to postpone Quinn family hearing over Anglo loans

The High Court has granted an application by the DPP to postpone the hearing of an action by Seán Quinn's family over loans of €2.34bn from the former Anglo Irish Bank to Quinn companies.

The Quinns deny liability for the loans and their action against IBRC was due to start on 14 April. A new date has now been sent for 3 June.

Mr Justice Brian McGovern said he considered it would "simply be too dangerous" to allow the Quinns action proceed on 14 April at the same time as former Anglo Chairman Sean Fitzpatrick is defending a criminal prosecution on issues "very much connected" to matters raised in the civil action.

Mr Fitzpatrick's trial on charges under the Companies Acts is due to open before a jury on 13 April and the DPP had asked the court to defer the Quinns action until after the criminal case.

The Quinns had opposed the application, arguing their case was initiated in 2011 and had already been deferred once. 

In seeking the deferral, the DPP argued the fact the civil and criminal proceedings were listed at the same time for hearing posed a serious risk of prejudice to Mr Fitzpatrick.

Mr Justice McGovern said he accepted, "all things being equal", the Quinns were entitled to hold onto their trial date, particularly as their case was initiated in 2011 and had previously been deferred.

He said the Commercial Court exists to provide a speedy and efficient resolution of commercial disputes and, on any view, this case was taking longer than most to get to trial, he said.

However, he had to balance "serious competing interests" in the circumstances that have arisen.

There was a strong public interest in having the criminal trial prosecuted without undue delay and also a public policy requirement that litigation in civil matters should not be unduly delayed.  

It was a matter of some public concern that criminal prosecutions arising out of the collapse of the banking sector have taken so long to get to court, he added.

Anything that would tend to increase the risk of the criminal trial being aborted or put back to a later date should be avoided if at all possible in order to maintain public confidence in the administration of justice, he said.

He did not believe reporting restrictions on the civil trial was a solution, the judge added.  There would be intense media and public interest both in the civil and criminal proceedings and there was a public interest in ensuring the proceedings were reported as fully as possible. 

The issues in the civil case are serious and may have far reaching consequences and it is of the utmost importance the parties are free to litigate them without being constrained by events taking place in the Criminal Court of Justice, he said.

In this age of social media, it was very difficult to see how one could prevent information about the issues in both trials being exchanged on a widespread basis, he added.

They underestimated these tools a long time ago,

In all the circumstances, he would, "with regret", vacate the 14 April hearing date for the civil action, the judge said. 

He stressed it was important the civil action proceed at the earliest possible opportunity after the end of the criminal trial, which he was told would take between four and six weeks, and said he would fix the new hearing date for the civil trial as 3 June.

IBRC previously joined Sean Quinn Senior and two former Quinn Group executives, Dara O'Reilly and Liam McCaffrey, as third parties to the civil case for the purpose of claiming indemnities against them should the family win orders avoiding liability for the €2.34bn loans.