Rayan Restaurant Ltd -v- Kean p/a Keans Solicitors & anor [2013] IEHC 627 (12 June 2013)

Rayan Restaurant Ltd -v- Kean p/a Keans Solicitors & anor [2013] IEHC 627 (12 June 2013)

The plaintiff company failed to discharge the onus of establishing special circumstances to avoid an order for security for costs, as it did not provide primary financial records or credible evidence that its inability to pay arose from the alleged wrongdoing. The action for negligence against the defendants was found to be a collateral attack on a previous judgment and was frivolous and vexatious. The proceedings were struck out in their entirety.

Citation
[2013] IEHC 627
Parties
Plaintiff: Rayan Restaurant Limited; First Defendant: Gerald Kean, practising as Keans Solicitors; Second Defendant: Francis McGagh
Jurisdiction
Ireland
Judgment Date
12 June 2013
Procedural Posture
Civil / Application to Strike Out Proceedings And/or for Security for Costs
Outcome
Plaintiff's proceedings struck out in their entirety.
Legal Topics
Security for Costs, Striking Out Proceedings, Negligence by Solicitors, Insolvency of Plaintiff Company, Collateral Attack on Judgment
Civil Procedure Company Law Professional Negligence Security for Costs Striking Out Proceedings Negligence by Solicitors Insolvency of Plaintiff Company Collateral Attack on Judgment

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Parties

Rayan Restaurant Limited

Plaintiff

Gerald Kean, practising as Keans Solicitors

First Defendant

Francis McGagh

Second Defendant

Procedural Posture

Civil / Application to Strike Out Proceedings And/or for Security for Costs

Legal Issues

  1. 1 Whether the plaintiff's proceedings should be struck out as an abuse of process or for want of a reasonable cause of action
  2. 2 Whether the plaintiff should be required to provide security for costs
  3. 3 Whether special circumstances exist to exempt the plaintiff from providing security for costs

Ratio Decidendi

The plaintiff company failed to discharge the onus of establishing special circumstances to avoid an order for security for costs, as it did not provide primary financial records or credible evidence that its inability to pay arose from the alleged wrongdoing. The action for negligence against the defendants was found to be a collateral attack on a previous judgment and was frivolous and vexatious. The proceedings were struck out in their entirety.

Court Disposition

Plaintiff's proceedings struck out in their entirety.

Orders

  • Proceedings against both defendants struck out as an abuse of process and/or for want of a reasonable cause of action.
  • No order for security for costs as proceedings are struck out.