skip to main content

Solicitor Gerald Kean settles court action over breach of privacy

Gerald Kean was also awarded his costs by Mr Justice Barton
Gerald Kean was also awarded his costs by Mr Justice Barton

Solicitor Gerald Kean who last week won a defamation case against the Irish Daily Star has settled an action for breach of privacy arising from the same newspaper article. 

Mr Kean was awarded €160,000 in damages by a High Court jury after it found he was defamed in an Irish Daily Star article about a visit to his offices by the Criminal Assets Bureau.

No details of the privacy case settlement were outlined in court. 

Last week in a majority decision a jury found the article, headlined 'Kean Caught up in CAB probe', meant Mr Kean was subject of a probe by CAB into the criminal activities of the Hutch/Kinahan gang following the Regency Hotel shootings of February 2016 and defamed him. 

After rejecting arguments by the newspaper that the article concerned a matter of public interest and it was "fair and reasonable" to publish it, they decided Mr Kean was entitled to damages of €160,000. 

Mr Kean was also awarded his costs by Mr Justice Barton. 

Today the judge was due to deal with a separate claim by Mr Kean alleging that the article breached his constitutional right to privacy. That claim was not before the jury for determination. 

The newspaper had also indicated to the judge, after the verdict last week, that it was considering whether to appeal the jury decision and to seek a stay on the damages order in the event of any such appeal. 

Today, the judge was told by Paul O'Higgins SC, with Jim O'Callaghan SC, for Mr Kean, that "peace has broken out" and the entire proceedings had been settled. Counsel said the only order required was one striking out the entire proceedings with an order for taxation of Mr Kean's costs, to include reserved costs and discovery and stenography, in default of agreement. 

The judge said he would make those orders. 

Eoin McCullough SC, for Independent Star, said such cases are "invariably difficult" and he thanked the judge for the time and courtesy afforded to the sides.