Farmer faces £27,000 legal bill for straying cattle

A beef farmer in County Fermanagh could face legal costs of £27,000 after his cows strayed onto private land in breach of a court order.

Patrick Treacy, 83, of Derrygonnelly, was handed the court order in June last year. It was the result of a long-running dispute over grazing rights on the land, owned by neighbouring building product company Mannok Build.

For three months, Mr Treacy complied with the ban, but a broken-down gate meant cattle strayed onto the land and he was taken to court.

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At a hearing in the High Court in Belfast on 10 January, defence lawyers argued it was an isolated incident and for only a small amount of time while cattle were rounded up.

But Mr Justice Humphreys, presiding, ruled that despite there being no intent to flout the order, it had been breached.

Mr Treacy was found guilty of contempt of court and ordered to pay £500 in fines.

But more significantly in financial terms, Mr Treacy could now face a bill of £27,397 to cover the legal costs incurred by Mannok Build.

‘Disproportionate’ costs

Footing the entire bill was described by the defence as “manifestly excessive, disproportionate, unduly harsh and unduly punitive”, especially given that the breach was accidental.

Judge Humphreys agreed that the draft bill of costs was substantial.

Rather than decide on who should pay the costs, Judge Humphreys said it was a matter that ought to be the subject of an agreement between the parties.

Alternatively, he suggested the taxing master could determine the appropriate level of cost that could be recovered. Mr Treacy is now awaiting the outcome of a discussion between the legal parties, but could yet face a bill for the full costs.