A BUSINESSMAN claimed in the High Court yesterday that his oil-distribution operation failed because a solicitor acting for him did not move quickly enough in registering the name of his company.
He stated that as a result, a rival firm registered the same name and he lost his business.
Mr John Fogar, of Slademore Drive, Ard na Greine, Dublin, has taken an action against Mr John Plunkett and Mr Brian P. Kirwan, trading as John O'Plunkett and Company, Howth Road, Dublin.
He is alleging the firm was negligent and in breach of contract when it acted for him five years ago as he was setting up an oil distribution business.
His claim has been denied by the defendants in the action which is being heard by Mr Justice McCracken.
Mr Fogarty claimed he commenced business as an oil distributor under the name Malahide Oil from September 25th, 1992. He had been negotiating for five or six months prior to this date with Morris Oil.
He claimed he could have enjoyed a good livelihood if he had been able to continue in business. He was selling 30,000 litres a week within a few weeks and was very hopeful that he could have eventually achieved an annual turnover of 3 million litres.
Mr Fogarty claimed that about September 8th, 1992, he entered into an agreement for the distribution of home heating fuels with Morris Oil Company Limited. He alleged that at about the same date, he instructed his solicitor, Mr John Plunkett, to register the name of his company - Malahide Oil Limited.
He claimed he instructed Mr Plunkett to carry out the application as a matter of urgency and that the application be made to the Register of Companies immediately.
Mr Fogarty claimed that a rival oil distribution firm subsequently registered the same name. He claimed that as a result, he was eventually forced to cease trading about December 1992 and lost his business.
He told the court that Morris Oil allowed him a two-load credit to get him started and that he still owed it £10,000.
The defendants deny they were instructed by Mr Fogarty about September 8th, 1992, to act for him in the registration of the company, Malahide Oil Limited, or that he expressed any such urgency to the solicitor.
They also deny they were in breach of contract or were negligent or that they failed to act with any diligence or haste.
The case continues today.
