“As a British citizen I have always objected to being forced into bankruptcy in a foreign jurisdiction…”

Sean Quinn isn’t the only high-profile individual to have a UK bankruptcy ruling annulled by the courts.  As the BBC report notes

The British bankruptcy of Tom McFeely, an IRA hunger striker turned developer, has been annulled by a court in London.

Mr McFeely had failed to disclose all relevant details in his application.

He is one of Ireland’s most controversial property developers – one of his apartment blocks was so shoddily built its residents had to move out over over fears for their safety.

And the Irish Times report adds some interesting detail from the High Court in London.

In a witness statement to the High Court in London, the Derry-born builder, who built the controversial Priory Hall flats in Dublin, complained that Ms McGuinness’s application was “vindictive” and designed “to place me in greater difficulties”.

“As a British citizen I have always objected to being forced into bankruptcy in a foreign jurisdiction purely on the basis that I have a judgment liability in that state,” he said.

Mr McFeely, who served 12 years in the Maze Prison for shooting an RUC officer in Derry, spent 53 days without food in the 1980 hunger strikes, which was eventually called off by IRA leaders. In 1974 he escaped from Portlaoise Prison.

Urging the judge not to overturn the bankruptcy, he said: “I am not a citizen of the Republic of Ireland. My wife is an American citizen. I have five children, three of whom reside in Northern Ireland and two in Dublin.”

The Irish bankruptcy law, he said was “punitive by nature. Until recently, it was not possible to obtain a discharge often for life. This is the reason I fought the bankruptcy proceedings in Ireland.”

An RTÉ report of the UK bankruptcy annulment points out

Justice Proudman said the UK bankruptcy court registrar was not made aware of the possible “jurisdiction issues” and they should be argued in court.

She said while she “understood” Mr McFeely would find it attractive to be declared a bankrupt in the UK she questioned why he should be allowed to “forum shop”.

Mr McFeely faces a bankruptcy hearing in Ireland on 23 July, where the court will have to deal with the “knotty issue” of if it has jurisdiction or if it still rests with the UK courts.

A date for a UK bankruptcy re-hearing has not yet been set but would likely occur after the Irish hearing.

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  • sherdy

    Loyalty to the half-crown?

  • Mister Joe

    If you can’t abide being declared bankrupt in a foreign jurisdiction, there is a simple solution. Don’t invest there. What a whiner.

  • ranger1640

    One would have to wonder if IRA hunger striker Tom McFeely, would vote for a United Ireland, after his endorsement of the United kingdom and its judicial system and having been through it on several occasions.

    He certainly has no issues with Northern Ireland, using the fact that several of his children are resident in this part of the United Kingdom!

    “I am not a citizen of the Republic of Ireland”? Is he a subject of the United Kingdom then?

    Or is he just another devious republican, willing to do and say anything to avoid the law??? I know what I think.

  • cynic2

    Did he recognise the court?

  • RyanAdams

    Unicorns do exist!

  • lamhdearg2

    titter ye not.
    Can you/he not be declared bankrupt in both jurisdictions?.

  • NOT NOW JOHN

    Was it for this the wild geese spread
    The gray wing upon every tide;
    For this that all that blood was shed,
    For this Edward Fitzgerald died,
    And Robert Emmet and Wolfe Tone,
    All that delirium of the brave?
    Romantic Ireland’s dead and gone,
    It’s with O’Leary in the grave.

    (From September 1913 by W.B. Yeats)

  • wild turkey

    NN john
    “Was it for this the wild geese spread
    The gray wing upon every tide;”

    Not at all.

    But surely The One True Holy Apostolic Ireland created by de Valera enbabled God and Mammon to live peacefully, and productively, side by side.

    pockets got filled.

    and souls were disregarded, abused or saved by whatever means for whatever expediency.

    if dialectic analysis is applicable to ireland, there is nothing personal or evil about this. this was, and is, a simple necessity if the indigenous power elites in business, church and politics were and are to receive what they consider to be their rightful dues in the ongoing liberation struggle.

    In the old days it was to hell or Connemara ( or America or Britain),. But these being modern times the ‘citizens of a republic’ although they may still be ‘suffering peasants’, are now deemed fit by McFeely to reside in Priory Hall. in the bigger picture, this is social and economic progress

    to be a bit more empathetic, perhaps tommy is experiencing …. torn loyalities?

    But then again, taking McFeely at face value, he could never sign up to the Liverpool Irish Republican Flute band

    http://www.liverpoolirishpatriots.org/aboutus.html

  • You can’t be bankrupt twice – or you can, but the second one is a bit pointless as you would already (technically) have no available assets. But some jusidictions have harsher conditions on bankruptcy than others. Guess which between UK and RoI?

  • weidm7

    ranger1640, how many Irish republicans do you reckon are devious?

  • Alias

    It’s absurd that bankruptcy in the UK is recognised in Ireland but this is the result of an imposition of EU law which requires judgements in one member state to be recognised in another (subject to the bankrupt applying to the Master of the High Court to enforce the judgement of a foreign jurisdiction).

    Since the bankrupt is managed by the UK courts, it makes it extremely difficult for his creditors in this jurisdiction to make a claim to his assets. A second complication is that the bankrupt only has to keep his assets hidden from his trustee for a period of one year, after which time he can exit the jurisdiction and no longer be subject to enquiry from his trustee.

    NAMA is letting a raft of these blackguards declare themselves bankrupt in the UK at a cost of literally billions to the Irish taxpayer.

    Incidentally, this Shinner was ranting and raving in the media a while ago about the “free state mentality” of the “jumped-up little Hitlers” who purchased one of his 261 firetraps in Priory Hall but once again we see the reality of the ‘republicans’ spawned in NI and nurtured by the Shinners and their handlers.

  • cynic2

    Alias

    Now the southerners see what we have to live with all the time! It’s shacking so it is

  • “Incidentally, this Shinner was ranting and raving”

    He’s a Shinner? Nah, I doubt it, you’re telling porkies…

  • ranger1640

    weidm7, Quite a few, but just couldn’t put an exact figure on it?
    You know the ones, the ones who to this day deny any involvement in terrorism and particular setting up a group for the act of kidnapping and murder. Nevertheless were involved within this terror grouping at the highest level. Those who can remember every detail of what happened to everyone but themselves in 1972, and can’t remember that momentous day, when they left the IRA (I did not know you could leave the IRA. I thought it was a lifelong commitment? I did not know they had a revolving door policy to members)? Nevertheless were involved within this terror grouping at the highest level. Then there are those who evaded the law, and those who helped those to evade the law and go on the run, but now have jobs in Stormont both elected and appointed. Then there are those that tried through many acts of terror to coerce the majority into a state they did not wish to join. Yet they use the border for their many illegal activities such as smuggling. Then there are those that say, they are reaching out to Unionists. Yet they hand out medals of dead IRA terrorists to children etc, etc. The list goes on but at least this should give you a flavour of who I was referring to.

  • Alias

    Ulick, I know you find it incredible to think that a Shinner ‘republican’ would sell worthless fire-traps to ordinary working people for profit, lumbering them with a debt that it will take them a life-time to repay, but dodgy diesel and dodgy flats and vast profits for private gain are the hallmarks of a “good republican”. Still, on the plus side, he did spend 54 days on hunger strike in order for Gerry and Marty and the other Shinners to have well-paid political careers within the British state so I guess he can’t be all bad…

  • Alias, I still think you’re telling lies. I have two newspaper articles from 2009 & 2011 saying he cut all connections with SF 30 years ago. What do you have?

  • Alias

    Fair enough… amended to read “this former Shinner”.

    I guess he became a degenerate after he left the Shinners becase, as we all know, he could not have been one and a member of the Shinners. How do we all know this? Because Gerry said so.

    However, Enda Kenny was quite adamant that Gerry is an “acquaintance” of Mr Feely and who am I to contradict in these matters a man who occpies the state’s highest office and has access to intelligence that I don’t have access to?

    “You stand for jobs or so you say. There are 300 people from the Priory apartments built by an acquaintance of yours who are staying in a hotel.” – Enda Kenny to Gerry Adams

  • cynic2

    “He cut all connections with SF 30 years ago”

    Shortly after Marty left the IRA then and of course Gerry was never in the IRA

  • ranger1640

    Alias, to be fair to Gerry he never said degenerates! However if the cap fits and all that.

    Here is the quote from the pious one himself, from December 2004. “You cannot be a criminal and a republican activist. You cannot be involved in any criminality and involved in republican activism.” Is that why Mitchel McLaughlin, said the murder of Jean McConville was not a crime???

    Adams remarks came just a week before the Northern Bank raid, which was widely blamed on the IRA.

    http://www.irishcentral.com/news/Wikileaks-US-Ambassador-called-Gerry-Adams-absurd-123187018.html#ixzz1y9jFfgZh

    Anyhow, how can this good republican and supposed socialist, of long standing Tom McFeely. Leave his oppressed fellow Irish men and women with such massive debts and liability?

    Is this not the type of activity that the shinners accused FF, FG and Uncle Tom Cobley and all off in the republic? And the very issue they were fighting on in the recent referendum in the republic? The shinners must now close this loop hole in Irish legislation. Were bankrupts can go to the UK courts to overturn a decision made in the republics jurisdiction.

    I do so hope this is the first in series of shinners outing the capitalists in their mist. We know the ones, the two home owning Donegal holiday owning capitalist types. Or is it a case of on your bike mate.

    The thought of Gerry, at his dacha cycling off into the distance with his wife Bernadette, on the handlebars to the tune of “Raindrops keep falling on my head” It must surly inspire the republican youth! Add to this it must inspire the long term unemployed in Louth and the Barons old constituency of West Belfas, who turn out sheep like at election time.

    http://sluggerotoole.com/2008/03/20/gerry-must-go/

    How do those old saying’s go, look after your own first? Then there’s look after the pennies (cents) and the pounds (euros) will look after themselves?