Sunday 19 November 2017

'Kean breached undertaking on loans' - EBS

Gerald Kean Photo: Tony Gavin
Gerald Kean Photo: Tony Gavin

Tim Healy

A bank urged the High Court to find that solicitor Gerald Kean breached his undertaking to return the title deeds of two properties.

Andrew Fitzpatrick, for Educational Building Society (EBS), said that breach amounts to misconduct and the court should draw inferences from Mr Kean's failure to give evidence.

Mr Kean is "comfortable in the public eye and the TV studio" but not about explaining to the court, counsel said.

Richard Kean, for Gerald Kean, said the comment was "outrageous and egregious" and entirely inappropriate.

Mr Kean did not give evidence because there was no need for him to do so as he accepted, as partner in the Kean firm, he had given the relevant undertaking and was completely responsible if the court finds there was any wrongdoing.

The problems arose because of "systemic failures" in the EBS, he added.

EBS has alleged Mr Kean has failed to return, in line with a signed undertaking, the title deeds for two properties owned by Dolores Corcoran.

But Mr Kean has alleged various "systems failures" by EBS concerning redemption of its loans concerning the properties - at Portnahully, Carrigeen and Hunter's Way, Williamstown.

Judge Michael Twomey reserved judgment.

Irish Independent

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