Wednesday 17 January 2018

Judge throws out 'vexatious' bid to sue lawyer Kean

Tim Healy

THE High Court has struck out a professional negligence action against celebrity solicitor Gerald Kean after a judge found it was vexatious and had no reasonable chance of succeeding.

A company called Rayan Restaurant Ltd, of Tullamore, Co Offaly, had brought the action over advice it received from Mr Kean, of Kean Solicitors, Upper Pembroke Street, Dublin, and from barrister Francis McGagh, who was engaged by Mr Kean to present a case on behalf of the company in 2003 and 2004.

It was claimed Mr McGagh and Mr Kean failed to properly advise the now insolvent Rayan, whose directors were Djamel Mennad and Fatima Zohra Azizi, of its rights and remedies in the case brought after the landlord of a restaurant they had in Athlone, Co Westmeath, took possession of the premises in a dispute over rent.

A judge ruled that the landlord had lawfully taken possession. Rayan appealed that decision and also brought proceedings against its former lawyers saying it did not receive proper legal advice.

Yesterday, Mr Justice Michael White ruled this latest case by Rayan had "all the hallmarks of a collateral attack" on that previous court decision, which was not permissible.

Afterwards, Mr Kean told the Irish Independent: "I am delighted with the outcome."

Irish Independent

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