The John Magnier High Court case in which he claims he had an agreement, and an exclusivity agreement, to purchase the 751-acre Barne Estate in Clonmel has prompted quite a lot of interest online.
I have also received a few private messages about the case and the whole question of “subject to contract/without prejudice” negotiations in the lead up to a property purchase.
People are understandably wondering how Magnier can possibly win and, if he does, it will turn the whole area of property negotiations on its head and set aside “without prejudice” communications in the area of property law.
It is premature to draw that conclusion, and I have suggested that people wait to see what the evidence is.
One interesting argument appears to be Magnier’s claim that he had an exclusivity agreement from August 31st 2023 to September 30th 2023 that the Barne Estate people could not permit or encourage any interest or offer for the property.
They also appear to be claiming that there was a binding agreement to sell to Magnier for €15M.
This, like all such cases, will turn on its own facts and evidence.