Professional disciplinary law

Solicitor had no prima facie case of misconduct to answer.

By Mark Tottenham BL in Ireland High Court, Kearns P No Comments Tags: ,

Higgins v. Nolan [2012] IEHC 60
(High Court, Kearns P, 13 February 2012)

High Court dismisses appeal from Solicitors Disciplinary Tribunal, and holds that there was no prima facie case of misconduct against solicitor.

Regulation of solicitors – Solicitors (Amendment) Act, 1960 – appeal by complainant from decision of Solicitors Disciplinary Tribunal that there was no prima facie case of misconduct – complaint by executor of estate – allegation that solicitor held money belonging to complainant – allegation of More

Complaint against solicitor of misconduct could be referred to disciplinary tribunal.

By Mark Tottenham BL in McKechnie J No Comments Tags: , , ,

O’Sullivan v. Law Society of Ireland [2012] IESC 21
(Supreme Court, McKechnie J (nem diss), 23 February 2012)

Supreme Court dismisses appeal from decision of High Court, and refuses judicial review of decision by Law Society to apply to the Solicitors Disciplinary Tribunal in respect of complaint of misconduct. (Full text.)

Judicial review – application by Law Society for inquiry by Solicitors Disciplinary Tribunal – professional disciplinary law – finding of prima facie evidence of misconduct – ss 7, 9 Solicitors (Amendment) Act 1994 (as More

Nurse loses appeal from suspension from practice pending outcome of enquiry.

By Mark Tottenham BL in Denham CJ No Comments Tags:

An Bord Altranais v. A O’C [2011] IESC 51
(Supreme Court, Denham CJ, Murray J, Hardiman J, Fennelly J, Macken J, 21 December 2011)

Supreme Court dismisses appeal from decision of High Court (Kearns P) to suspend respondent from the register of nurses pending the determination of a fitness to practice inquiry. (Full text.)

Fitness to practice – s 44, Nurses Act 1985 – suspension from register pending determination of inquiry – jurisdiction – whether threshold for suspension reached – whether immediate danger to public – natural justice – whether application should have been treated as interlocutory rather than final – notice More

Objective bias not established in professional misconduct hearing against nurse and midwife.

By Mark Tottenham BL in Fennelly J No Comments Tags: ,

Ó Ceallaigh v. An Bord Altrainais [2011] IESC 50
(Supreme Court, Denham CJ, Murray J, Hardiman J, Fennelly J, Macken J, 21 December 2011)

Supreme Court dismisses appeal from refusal of judicial review in High Court, and holds that there was insufficient evidence of objective bias to restrain hearing of professional misconduct. (Full text.)

Fennelly J (nem diss): Judicial review – professional misconduct hearing – allegation of objective bias – chairperson of tribunal and principle expert witness working at same hospital as appellant – domiciliary midwife – dismissal of More

McDonagh v. Tansey – HC – Solicitors Disciplinary Tribunal, appeal, affidavit filed after decision

By Mark Tottenham BL in Kearns P No Comments Tags: ,

McDonagh v. Tansey [2011] IEHC 355 (25 July 2011)

High Court (Kearns P) dismisses appeal by complainant from decision of Solicitors Disciplinary Tribunal, which found no case of misconduct against respondent. (Full text.)

Solicitors Disciplinary Tribunal – appeal – finding of no case of misconduct – failure to consider complainant’s replying affidavit – affidavit filed after tribunal’s decision – impossibility of tribunal considering content of affidavit – whether affidavit contained evidence to substantiate allegation of misconduct.

Dr T v. The Medical Council – HC – Medical Council, appeal, delay

By Mark Tottenham BL in Kearns P No Comments Tags: ,

Dr T v. The Medical Council [2011] IEHC 352 (19 July 2011)

High Court (Kearns P) allows appeal from decision of the Medical Council finding applicant guilty of professional misconduct. (Full text.)

Medical Council – fitness to practice – appeal – s. 75 of the Medical Practitioners Act 2007 – allegation of inappropriate internal examination – delay of 14 years in making complaint – whether fair hearing possible in light of delay – matter of delay properly a matter for judicial review – whether substantial unfairness in allowing matter to proceed – lack of surviving records.

Toal. v. Duignan
Shine v. The Medical Council

Ernst & Young v. Purcell – Judicial review, investigations into conduct of auditors

By Mark Tottenham BL in Irvine J No Comments Tags: ,

Ernst & Young v. Purcell [2011] IEHC 203 (13 May 2011)

High Court (Irvine J) refuses to extend time to apply for leave to seek judicial review of appointment of special investigator by Institute of Chartered Accountants, and holds that the applicant had, in any event, failed to make out an arguable case. (Full text.)

Judicial review – application for leave – investigations into auditor of Anglo Irish Bank – Bye-laws of Institute of Chartered Accountants in Ireland – whether higher standard of proof required for leave where application made on notice – whether appointment of special investigator made ultra vires – Chartered Accountants Regulatory Board – definition of “complaint” – delay in bringing application – whether good reason for extending time – requirement of investigation to be conducted in accordance with rules of natural justice – whether prima facie case of misconduct – doctrine of legitimate expectation – retention of forensic accountants to assist in investigation.

Mass Energy v. Birmingham County Council[1994] ENV LR 298
O’Brien v. Moriarty [2005] 2 ILRM 321
G. v. Director of Public Prosecutions [1994] 1 I.R. 374
McNamara v. An Bord Pleanála (No. 1) [1995] 2 ILRM 125
Potts v. Minister for Defence [2005] 2 ILRM 517
Gorman v. Minister for Environment [2001] 1 I.R. 306
Irish Haemophilia Society v. Lindsay [2001 No. 307 J.R.] (High Court, 16th May, 2001)
D.C. v. D.P.P. [2005] IESC 77
Solan v. Director of Public Prosecutions & District Justice Herbert Wine [1989] ILRM 491
De Róiste v. Minister for Defence [2001] 1 I.R. 190
Dekra Éireann Teo v. Minister for the Environment[2003] 2 I.R. 270
O’Callaghan v. Disciplinary Tribunal, Ireland and Attorney General [2002] 1 I.R.
Ó Ceallaigh v. An Bord Altranais [2000] 4 I.R. 54
Webb v. Ireland [1988] I.R. 353
Glencar Exploration v. Mayo County Council [2002] I.R. 84

Garvey v. Nangle – Solicitors Disciplinary Tribunal, misconduct

By Mark Tottenham BL in Kearns P No Comments Tags: ,

Garvey v. Nangle [2011] IEHC 158 (Kearns P, 11 April 2011)

High Court dismissed appeal from Solicitors Disciplinary Tribunal on the grounds that there was no material to corroborate any allegation of misconduct. (Full text.)

Solicitors Disciplinary Tribunal – appeal – whether any prima facie case of misconduct on the part of the solicitor respondent – whether solicitor unduly influenced county council in respect of development plan – whether solicitor corrupt, or responsible for theft or fraud – lack of material to corroborate allegations.

Keane v. Foy – Solicitors Disciplinary Tribunal, misconduct

By Mark Tottenham BL in Kearns P No Comments Tags: ,

Keane v. Foy [2011] IEHC 157 (Kearns P, 11 April 2011)

High Court dismisses appeal from Solicitors Disciplinary Tribunal, on the grounds that there was no evidence of misconduct on the part of the solicitor respondent. (Full text.)

Solicitors Disciplinary Tribunal – appeal – whether any prima facie case of misconduct on part of solicitor respondent – whether solicitor had come off record for appellant – whether any evidence from which tribunal could form a view that there was a case for enquiry.

Medical Council -v- Boateng, Fitness to practice, costs

By Mark Tottenham BL in Hedigan J No Comments Tags:

Medical Council -v- Boateng [2011] IEHC 34 (Hedigan J, 1 February 2011)

High Court awards costs to Medical Council in application to confirm sanction on medical practitioner.

Fitness to practice – professional misconduct – section 71, Medical Practitioners Act 2007 – confirmation by court of sanction imposed on practitioner – costs – whether special reason existed not to award costs to medical council.

In Re The Solicitors Act 1954 [1960] I.R. 239
M. v. The Medical Council [1984] I.R. 485
C.K. v. An Bord Altranais [1990] 2 I.R. 396
Medical Council v. PAO (Unreported, Supreme Court, 1st April, 2004)

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