Tuesday 31 October 2017

Solicitor Gerald Kean facing $ Prices bill

Solicitor Gerald Kean is currently facing a costs bill estimated at $450,000 after a High Court judge ruled he’s liable for 90% of the costs of their EBS of its situation above his failure to return title actions of two possessions. The costs orders are stayed pending appeal.

The actions concern two properties owned by Dolores Corcoran from Co Waterford over which EBS includes a first charge and then were issue to remortgaging with PTSB. Ms Corcoran was a customer of the business at the relevant moment of Mr Kean.

Mr Justice Michael Twomey made closing orders now arising from his ruling last month discovering Mr Kean was not entitled to provide PTSB the title deeds to the 2 possessions at Williamstown, Hunter’s manner, also Portnahully, Carrigeen.

He ordered Mr Kean, over 21 days of this court order to inform Permanent TSB he was not entitled to provide it the applicable deeds and to take action to retrieve the ones and return them to EBS.

He refused to place a stay to the deed recovery orders on foot.

He said he’d stay the costs orders pending Mr Kean’s appeal against the findings of the judge in favor of EBS. An appeal might not be heard for up to 2 decades.

The judge said it was probable the costs of this 10 day case would be a six figure sum “that would be out of the reach of the majority of individuals”.

Mr Kean, he stated, is a principal of a “relatively small” solicitor’s firm and the court had no evidence of his current fiscal circumstances and have to assume he’s a solicitor of “average fiscal method” while EBS is a large financial institution.

For cashflow reasons, it might lead to an injustice to Mr Kean when he was expected in the short term to pay the important costs and after that in 2 years that the Court of Appeal was going to locate in his favour and conclude that there was never any need for him to pay EBS’ costs, the judge said. He would stay the costs orders.

Richard Kean SC, for Mr Kean, had previously argued the court ought to make no order for costs, meaning every side pay their own while Andrew Fitzpatrick SC, for EBS, maintained it’d won the situation and was eligible for all of its costs against Mr Kean.

The judge found Mr Kean is liable for 90% of the costs because he’d lost on the main issue – whether he was required to return the actions to EBS consistent with undertakings provided by him as principal of the company, to EBS at 2008 concerning the possessions.

He explained EBS should pay 10% of its own costs to reflect the judge’s finding the High Court hadn’t any jursdiction at first instance to locate Mr Kean guilty of misconduct arising from failure to return the title actions.

In his primary ruling, Mr Justice Twomey said the first issue in the case arose from a “simple human error” by a solicitor in Mr Kean’s office that lead to Mr Kean being jumped by “double” undertakings – to provide PTSB a first charge on Hunter’s Way and Portnahully and at the exact same time go back to EBS the actions of those two possessions because among its loans secured on these was not redeemed.

That mistake lead not being discharged that was essential for Keans to be able to provide PTSB also a charge on the possessions and the title actions. The company’s internal error was “exacerbated” from Mr Kean’s reaction to it, he explained.

He explained Mr Kean shouldn’t have given the actions to PTSB from the “teeth” of advice from a solicitor in his own workplace and shouldn’t have made a “bogus” statement at a 2014 correspondence to PTSB his company had issued proceedings contrary to EBS.

Source

http://www.irishexaminer.com/breakingnews/ireland/solicitor-gerald-kean-facing-450000-legal-costs-bill-793760.html



source http://www.hardmansolicitors.com/solicitor-gerald-kean-facing-prices-bill/

No comments:

Post a Comment