The High Court has dismissed Bisi Adigun’s claim that solicitor Linda McEvoy was negligent in her handling of a dispute over an Abbey Theatre production of a play he co-wrote with Roddy Doyle.
Mr Justice Mac Eochaidh delivered judgment on 6 April 2017. He found that Ms McEvoy had agreed to act for Arambe Productions, the theatre company founded by Mr Adigun, but not for him personally. He therefore held that Mr Adigun was not her client and that his action must fail. The judge nevertheless considered the negligence allegations on the assumption that Mr Adigun had been a client.
The dispute arose after Arambe contracted with the Abbey in May 2007 to stage the play. Mr Doyle’s position was that his prior written consent was required to transfer the rights, and that he had not given it. The judgment records that Mr Doyle’s solicitor sought a copy of the signed Abbey agreement, but it was not provided. Mr Doyle later repudiated his agreement with Arambe. The Abbey withheld €20,860.50 in royalties pending resolution of the dispute.
Mr Adigun alleged that Ms McEvoy failed to send letters setting out his and Arambe’s position to the solicitors for Mr Doyle and the Abbey, and falsely told him she had sent them and had briefed counsel. Ms McEvoy admitted she had not sent the letters or papers to counsel. The judge found that she communicated the client’s position orally, including in calls in December 2007 and a meeting with Mr Doyle’s solicitor in January 2008. He also found that she conveyed a proposal for a new Arambe-Abbey agreement, which Mr Adigun rejected.
The judge held that Mr Adigun had not proved that the alleged failures breached a duty of care. He found that letters setting out the same arguments would not have changed Mr Doyle’s position or the Abbey’s response. Mr Doyle testified that such letters would have made no difference, and the judge accepted that evidence. The court also found no breach established over the failure to retain counsel, noting that Mr Adigun had not provided expert evidence that counsel should have been retained or what advice would have been given.
The judge further held that the losses claimed had been addressed in earlier proceedings settled in 2013. He concluded that none of the alleged torts or unlawful conduct had been made out and dismissed the claim. The judgment does not record a separate order on costs.