€1 million claim against us is ‘scandalous’, says Kean

WELL-KNOWN solicitor Gerald Kean is one of two lawyers who yesterday asked the High Court to strike out a former client’s action for alleged professional negligence on the grounds the claim against them are “scandalous” “vexatious” and “unnecessary”.

Rayan Restaurant Ltd, of Church View, Tullamore, Co Offaly, has brought a High Court action against Mr Kean, of Kean Solicitors, Upper Pembroke Street, Dublin, and barrister Francis McGagh, of Barnhill Road, Co Dublin, for alleged negligence and breach of duty. The firm is seeking damages of over €1m.

Both defendants deny all the claims against them and have brought motions aimed at having the case struck out.

Rayan Restaurant, represented by Michael McDowell SC, has opposed the motion and has argued its case should go to full trial before the High Court.

In its action, the company, whose directors are Djamel Mennad and Fatima Zohra Azizi, claims the defendants represented them in a legal dispute with the landlord of a premises in Athlone where they ran a restaurant.

It approached Mr Kean’s firm to act as its solicitors. That firm in turn engaged Mr McGagh to act as barrister.

The company’s action against the landlord — a now deceased solicitor, Barra Flynn — was dismissed in 2004.

The company alleges Mr McGagh and Mr Kean, whom it discharged in October 2005, failed to advise it properly and of its rights and remedies.