John Magnier is to appeal the High Court decision which ruled that there was no binding agreement for the purchase of Barne Estate in Co Tipperary.

Bloodstock billionaire Mr Magnier had claimed that a handshake deal with Richard Thomson-Moore at Coolmore House on 22 August 2023 secured the 751ac estate for €15m. The High Court heard on Friday 12 December of Mr Magnier's intention to appeal judge Max Barrett's ruling, which was made in September.

Martin Hayden, senior counsel representing the Thomson-Moores who own Barne Estate, told the court on Friday of the length of time it took Mr Magnier to notify his team of his intention to appeal.

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It took Mr Magnier from 19 September to 11 December to inform the Thomson Moore’s that he was going to appeal the ruling, Hayden told the court.

“There’s no complaint about the fact that he wants to appeal, everybody has the right of appeal. The only point made is that he could have put people out of their lack of knowledge – misery, so to speak, as to where and what the future was going to hold for them."

He added that the Thomson-Moore's are approaching a time where Barne Estate is no longer suitable for their son Teddy, who has cerebral palsy. Specialised care available in Australia was a key reason why the Thomson-Moores moved to sell the property.

“The suitability of the house, Barne itself, is becoming less and less as he gets older. He has to be carried upstairs, there’s no facilities downstairs. In every sense it is a continuation, as my client indicates and instructs, of a nightmare,” Hayden said.

The medical treatment required for Teddy is not available in Ireland due to the "massive pressure on the system", Hayden told the court.

Hayden went on to describe Magnier's litigation strategy as a form "lawfare" or "bulldozer law", adding that he knew "full well" the consequences from the Thomson-Moore's point of view.

The judge ruled on Friday that costs in the case were awarded in favour of the defendants, Barne Estate Limited and the Thomson-Moores.

Profound impact

Commenting following the hearing, Anna Thomson-Moore said the reality of Mr Magnier pursuing an appeal will have a profound impact on the personal lives of the Thomson-Moores.

“In view of the judgment, his intended position is vexatious. I appreciate that we cannot fetter his right to an appeal but it is a pernicious use of the legal system.

“We have endured the hardship of the unrelenting onslaught of the 'lawfare' of the last two years, whilst trying to maintain a semblance of ordinary life for our children whilst everything else has been put on hold,” she said.

“We have always been motivated by the fact that the move to Australia is to be able to deliver the best possible outcome for Teddy given his circumstances. The reality of that move being further delayed has serious consequences,” she added.