first_imgA SOLICITOR’S firm has failed in an attempt to have a legal action from its neighbour thrown out of court.Seamus Gunn, trading as McCloughan Gunn Solicitors, applied to Letterkenny Circuit Civil Court to have a legal action from Ruth’s Pharmacy struck out.Siobhan and John Logue, owners of the pharmacy on High Road, Letterkenny, have issued legal proceedings against the solicitor’s firm alleging the loss of tens of thousands of euro. They say excess water running from the legal firm’s office has caused damage to their property next door.However barrister Ciara Fitzgerald, acting for solicitor Seamus Gunn, applied to Judge Francis Comerford to have the claim for damages struck out.Ms Fitzgerald alleged, among other things, that an extension at the rear of the pharmacy which was the subject of the claim, had never been given planning permission.As such, her client had never been given the opportunity to object to the construction and therefore had never been given a chance to object to the extension.However barrister John McLaughlin, instructed by solicitor Kieran O’Gorman and acting for the Logues, said the case should only be dealt with at hearing.Mr McLaughlin said that McCloughan Gunn solicitors hadn’t produced any evidence in its legal papers to back up the allegation the extension didn’t have planning permission other than the opinion of an architect.Even if it didn’t, he argued, the Logues had a right to sue for damages caused by the alleged neglect of the buildings by Mr Gunn.Judge Comerford agreed with Mr McLaughlin.He said in order to strike out a case, and without prejudice to any future hearing, it had to be “impossible” for a plaintiff to win a legal action action.He said among the strongest rights available to a citizen is the right to access to the courts.Restricting such rights would be an abuse of the process and he could see no basis to restrict the process in this case.He refused Mr Gunn’s legal challenge and ordered the case could go ahead.He also awarded costs to the Logues but ordered there should be no enforcement on those costs until after the conclusion of these proceedings.SOLICITOR AND PHARMACY IN LEGAL BATTLE OVER ALLEGED LEAKY ROOF was last modified: May 2nd, 2015 by John2Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window) Tags:McCloughan Gunn solicitorsruth’s pharmacylast_img

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