Niall Fleming, Tom Sheehy – UK Court Action

Niall Fleming, Tom Sheehy, UK Court Case

Niall Fleming, Tom Sheehy – UK Court Action

You may well have read before about the problems Clonakilty native, and now Lisbon resident, Tom Sheehy has been having with a range of ex-partners and clients who have received no properties in Murdeira Beach, Monte Gordo and other developments in Cape Verde. If you’re not aware of the issues you can read about some of them here.

It appears that the troubles outlined on that post, however, are very small indeed in comparison to the charges being levelled at him and his partner, Niall Fleming, by Channel Islands based investment firm, Stirling Mortimer. The picture above shows Sheehy, with his wife Rita, standing under a Murdeira Beach Resort advert with Niall Fleming in inset, all pictured in Cape Verde – the island group that is the subject of all the dissatisfaction from former partners and clients of the pair.

Stirling Mortimer, which had purchased substantial amounts of property on developments such as Paradise Beach and Murdeira Beach, is seeking damages of almost €50m.

In a court action lodged on February 19th 2013 Niall Martin Fleming, Tom Jeremiah Sheehy and Sheehy’s firm Go2CapeVerde Ltd. are named as defendents. The document states that the ‘Claimant claims recovery of monies misappropriated from the Claimant in the sum of €45,957,581 (as currently estimated, potentially plus a further €1,124,830 if not returned by those presently holding it). Some of those sums were misappropriated directly from the client accounts held by the First Defendent (Els International Lawyers).

The document continues: “The basis of the Claimant’s claim is: (a) breach of contract, escrow arrangments and the First Defendant’s retainer; (b) procuring breaches in (a); (c) breach of trust; (d) breach of fiduciary duties; (e) knowing beneficial receipt; (f) dishonest assistance; (g) deceit; and (h) unjust enrichment.”

In the document Tom Sheehy’s current address is given as being Rua Mata de Mina, Beloura 1, Sintra 2710 692, Lisbon, Portugal. Nial Fleming’s address is given as Rua do Moinho Novo, Quinta da Baloura, Linho 2710-704, Lisboa, Portugal. Sheehy’s Go2CapeVerde Ltd. is listed at the address of Michael Powell Services Ltd., Floor 2, Lapp’s Quay, Cork, Ireland.

Despite currently being domiciled in Portugal, Niall Fleming, along with other members of a company called Springville Property Ltd., is believed to be currently attempting to declare himself bankrupt in the UK. The same Liverpool solicitors involved in making this bankruptcy application are defending both Niall Fleming and Tom Sheehy against the action been taken by Stirling Mortimer.

Of course, the lodging of such a claim does not indicate culpability on the parts of either Fleming or Sheehy, and they will be given due process. We will be following happenings in the case very closely.

The Stirling Mortimer claim document in full can be seen below:

Download (PDF, 1.05MB)

About diarmaidcondonadmin

Diarmaid Condon is Ireland's foremost Independent Overseas Property Consultant and Journalist. He has been in the industry since 1995 and, in that time, has been a strong advocate for improved legal protection in the sector.

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