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Supreme Court allows appeal from High Court, and sets aside a grant of summary judgment arising from an agreement to pay professional fees to a solicitor, on the grounds that the defendant had raised two arguable defences that could only be determined by way of plenary hearing, namely: (a) whether there had been a conflict of interest on the part of the solicitors in entering into the agreement; and (b) whether the payment of the fee was conditional upon the sale of property specified in the agreement.
Relief sought in proceedings: Judgment on foot of summary summons for professional fees in the sum of €75K plus interest.
Application before the court: Appeal from grant of summary judgment.
Outcome: Appeal allowed.
Grounds: Arguable defences raised to claim.
Peart J (nem diss): Whether respondents had an arguable defence - alleged duress or undue influence - alleged conflict of interest on part of solicitors' firm - whether payment of fees was conditional upon sale of property - alleged set-off arising from counterclaim alleging professional negligence.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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