A MAN has settled his lengthy legal action against well-known solicitor Gerald Kean over the lawyer’s conduct of a personal injuries action 20 years ago.
The settlement, without admission of liability, is on terms including payment of a bank draft to Thomas O’Grady by Mr Kean as a contribution to costs.
Master of the High Court Edmund Honohan SC was told of the settlement yesterday by Maura McNally, for Mr O’Grady, Northumberland Avenue, Dún Laoghaire.
Mr O’Grady initiated his action against Mr Kean in 1998. Mr Kean was due to be cross-examined before Mr Honohan yesterday by Ms McNally over his alleged failure to discover documents, including a copy of the settlement cheque in the personal injury case and a copy of an alleged bill of costs.
Ms McNally said the matter was not proceeding as it and the full action had been settled and could be struck out with liberty to apply. She said a bank draft had been received at lunchtime.
The case arose from a personal injuries action by Mr O’Grady against his then employer MB Construction Ltd over an accident on July 16th, 1988. Mr O’Grady claimed, while he was cutting a barrel with an angle grinder, the barrel exploded causing him severe injuries.
He claimed he had about July 1989 instructed Mr Kean, practising as Keans Solicitors, to act for him, and High Court proceedings were initiated and settled just before being listed for hearing.
Mr O’Grady made a series of claims against Mr Kean relating to his conduct of the action, including of negligence and fraud, all of which were denied.
The claims included that Mr Kean had informed Mr O’Grady the action was settled for £10,000, plus costs, when the sum involved, Mr O’Grady alleged, was £11,000, plus costs.
It was alleged Mr Kean had deducted £1,000 from Mr O’Grady’s award without proper or informed instructions and failed to give an itemised account of the deductions and the reasons for those. It was also claimed Mr Kean failed to give a written estimate of his proposed fee, or any itemised bill.
Mr Kean denied all the claims and also denied negligence, breach of duty, breach of contract, misrepresentation, negligent misstatement and fraud as alleged in the claim. He also denied Mr O’Grady had suffered any loss, damage, trauma or expense as alleged.
