Restaurant company told to put up €80,000 security for appeal



FourCourtsA restaurant company seeking to appeal the dismissal of a professional negligence case against a solicitor and barrister has been told to put up an €80,000 security.

The Court of Appeal yesterday ruled that Rayan Restaurant Ltd must put up €40,528 to cover the costs of each of the two defendants (€81,056) before it is allowed to appeal a High Court ruling which dismissed the case.

The defendants are solicitor Gerald Kean and barrister Francis McGagh.

It is claimed that the pair failed to properly advise the now-insolvent restaurant company in relation to a rent dispute which led the landlord of its Athlone restaurant to take possession of the premises.

In 2004, a Circuit Court judge ruled the landlord had behaved lawfully.

The High Court ruled that Rayan’s subsequent case against Mr Kean and Mr McGagh had “all the hallmarks of a collateral attack” on the earlier Circuit Court decision.

Lawyers acting for Rayan have not indicated whether they will proceed with the appeal.