THE HIGH COURT has dismissed an application by a woman who was taken to court by her step son for a share in a 2011 €3.3m Lotto to sue the former operator of the National Lottery for alleged negligence.

In a judgement delivered today, Ms Justice Teresa Pilkington ruled that Mary Walsh, who ultimately settled proceedings brought against her by her step-son David Walsh, cannot bring proceedings against An Post National Lottery Company.

The company went into voluntary liquidation in 2014.

As the company is in liquidation, Walsh required permission from the High Court to formally bring a claim that she received negligent advice from the company.

In her judgement, the judge found that she was satisfied the issue of alleged nuisance had been determined in the High Court proceedings brought against Walsh by her step-son, heard in 2017.

To suggest otherwise would “necessitate repetitious and unnecessary litigation”, the judge added.

She also noted that in the court’s view, it would constitute “an abuse of process” to allow the proceedings against An Post National Lottery Company to proceed.

In her action against the former operator, Walsh alleged that she was given advice by a representative of the National Lottery when she went to collect what she claims were her winnings in January 2011.

She claimed she was told that if she wished to make gifts from the prize to anyone, those people should sign the winning ticket if those gifts were to be exempted from taxation.

Walsh alleged that this was negligent and that as a result, she and five others, including David Walsh, signed the winning ticket.

That resulted in High Court proceedings being brought against her by David Walsh, whose father, Peter Walsh, she was married to before his death in December 2011.

Separate signatory

The court also heard that Walsh is the subject of separate, but related, proceedings from another signatory of the winning ticket, Kevin Black, who is her late husband’s nephew.

In her proposed action, Walsh alleged that the full implications of that advice were never explained to her, and she said she wished to bring a claim for damages against An Post National Lottery Company.

The company went into liquidation after another entity was awarded the licence to operate the National Lottery.

Her application was opposed on grounds including that it was bound to fail.

In proceedings that came before the High Court in 2017, Mr Justice Richard Humphreys ruled that Walsh had to pay David Walsh €560,000 plus his legal costs after finding her stepson was a part owner of and entitled to a one-sixth share of a winning ticket purchased in Ballinasloe, Co Galway in January 2011.

Walsh appealed that decision to the Court of Appeal.

In 2018, that court was informed that the action was “resolved entirely”. As part of the settlement, her appeal was allowed.

David Walsh, of Knocknagreena, Ballinasloe, Co Galway had sued Mary Walsh, of Monksland, Athlone, Co Roscommon arguing that he was entitled to his share, approximately €560,000, of the win on the grounds his signature was among six written on the back of the winning ticket.

He claimed that his late father had told him, shortly after the win, that he would be looked after and would not have to worry about money again.

He claimed he did not get his share. Mary Walsh denied this and had argued that the winning ticket was hers.

She claimed that David Walsh was offered and accepted her and her late husband’s house in lieu of €200,000 from the win. David Walsh denied that.

Following a seven-day hearing in 2017, the judge rejected Mrs Walsh’s arguments and found in favour of David Walsh.