A courtroom battle involving an ambassador's residence led to a top United Nations lawyer being reprimanded by a judge over his "intemperate language" in dealing with a threat by an auctioneer to institute proceedings against him.
Judge Elizabeth Dunne, addressing Mr John Ryan, head of International Support, UN Department of Justice, and senior Kosovan war-crimes prosecutor, said it was most unfortunate he had written in the manner he had to auctioneer Mr Malcolm Marshall.
"It is most unfortunate that Mr Ryan wrote in the manner in which he did, using the language he did and particularly to the effect that Mr Marshall was attempting to extract professional fees on false pretences," Judge Dunne said.
She said it was intemperate language to put it at its mildest and not a normal response to a solicitor's letter.
Mr Marshall, who trades as Marshall Properties, Rathgar Road, Dublin, had sued Mr Ryan, and his wife, Benita, for just over €7,000 fees for allegedly having introduced the Slovenian Ambassador to the Ryans as a tenant for their "€2 million" seven-bedroom property at 63 Terenure Road East, Dublin.
The Ryans, whose home is "in Kilkenny", claimed that although Mr Marshall had for some time been one of several letting agencies attempting to find a suitable tenant for them.
Mr Marshall, who represented himself, said he had been asked by Mr Ryan, in August 2002, to let the property and had introduced several prospective tenants.
He had been negotiating with the Slovenian Embassy as to its suitability as a residence for its Ambassador, but had been informed on September 13th that the Embassy had found another house in Highfield Road, Dublin.
In early October, Mrs Ryan had informed him that the property had been let by Lisney's to the Slovenian Embassy. He had advertised, marketed and promoted the property to the Embassy. When negotiations with regard to the Highfield Road house had fallen through it had reverted to leasing the Ryan house through Lisney's.
Mr Marshall said he was not impressed with Lisney's, who had failed to abide by a market practice of not interfering where another agent had marketed a property to a prospective client.
"I was the effective cause of both landlord and tenant becoming aware of one another. No other agent should have become involved thereafter and Lisney's should have bowed out," he said.
Lisney letting manager, Ms Joan Fogarty, said her company had been introduced to the Ryans in the summer of 2002.
The Embassy had been approached but said they had been fixed up with a house in Highfield Road. Within days they had come back and a lease had been negotiated for the Ryan property. Lisney's had no knowledge of Mr Marshall's previous interest in the letting.
Mr Ryan told his counsel, Mr Colm P. Condon, that Marshall Properties was one of a number of letting agencies involved in the leasing of his property. Representatives of the Slovenian Embassy had viewed the house on September 23rd through Lisney's and shortly afterwards both parties had entered into an agreement.
Judge Dunne, holding that Mr Marshall had failed to convince the court he had brought about an introduction which led to the letting of the premises, refused to make an order for costs.