WELL-KNOWN solicitor Gerald Kean and a barrister have asked the High Court to strike out as “scandalous”, “vexatious” and “unnecessary” an action brought by a former client over alleged professional negligence.
Rayan Restaurant Ltd, Church View, Tullamore, Co Offaly, has sued Mr Kean, of Kean Solicitors, Upper Pembroke Street, Dublin, and barrister Francis McGagh, Barnhill Road, Co Dublin, for alleged negligence and breach of duty. Both deny the claims against them and yesterday applied to have the case struck out.
Rayan Restaurants, represented by Michael McDowell SC, argued the case should go to a full trial before the High Court.
The company, whose directors are Djamel Mennad and Fatima Zohra Azizi, claims the defendants had represented it in a legal dispute with the landlord of a premises in Athlone where they ran a restaurant. Rayan says it had approached Mr Kean’s firm to act as its solicitors, he in turn engaged Mr McGagh to act as its barrister.
The company’s action against the landlord – the late solicitor Barra Flynn – was dismissed in 2004 after the Circuit Court ruled the landlord had lawfully taken possession of the premises following a dispute over rent arrears.
The matter was appealed to the High Court but was later struck out after an order for security of costs was obtained by the landlord against the company.
In its action against the solicitor and barrister, Rayan alleges Mr McGagh and Mr Kean, whom it discharged in October 2005, failed to advise it properly regarding its rights and remedies.