By Mark Tottenham BL in Ireland High Court, Murphy J No Comments Tags: Practice and procedure, Solicitors
Coleman v. O’Neill [2012] IEHC 112
(High Court, Murphy J, 8 March 2012)
High Court grants order dismissing claim against financial institution for failure to disclose cause of action and abuse of process.
Claim for alleged negligence on part of financial organisation – application to dismiss claim – prospect of success – abuse of process – allegations of fraud and misfeasance of public office – plaintiff elected as director of credit union and More
By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Adverse possession, Practice and procedure, Probate law, Solicitors
Gunning v. Sherry [2012] IEHC 88
(High Court, Hogan J, 28 February 2012)
High Court strikes out action against solicitor as an abuse of process and grants “Isaac Wunder order” against plaintiff, restraining her from commencing any further action in respect of same subject matter.
Proceedings against solicitor – application to strike out proceedings as abuse of process – res judicata – Isaac Wunder order – earlier proceedings concerning estate of plaintiff’s father in Circuit Court and High Court – ejectment proceedings – removal of plaintiff as executrix of More
By Mark Tottenham BL in Ireland High Court, Kearns P No Comments Tags: Professional disciplinary law, Solicitors
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
By Mark Tottenham BL in Deeny J, Northern Ireland High Court No Comments Tags: Conveyancing, Practice and procedure, Solicitors
McCallion Brothers Ltd v. Fisher [2012] NICh 5
(High Court of Northern Ireland, Deeny J, 10 January 2012)
Northern Irish High Court grants leave to defendant to join plaintiff’s solicitor as third party to action, on grounds of alleged failure to ensure that plaintiff obtained good title to property.
Application to join plaintiff’s solicitors as third party to action – action arising from purchase of property – purported vendor ceasing to have title to property – property vested in statutory housing executive – failure to register change of ownership – whether purchaser’s solicitor had More
By Mark Tottenham BL in Birmingham J No Comments Tags: Solicitors, Undue influence
McMullen v. Kennedy [2012] IEHC 28
(High Court, Birmingham J, 6 February 2012)
High Court dismisses claim of undue influence allegedly exercised by defendant over plaintiff’s former barrister.
Action against solicitor – undue influence allegedly exercised over plaintiff’s former barrister – protracted history of litigation dating back to 1982 – settlement of action – assurance by senior counsel and solicitor that in the event that the settlement did More
By Ciaran Joyce BL in White J (Michael) No Comments Tags: Practice and procedure, Solicitors
Rayan Restaurant Ltd v Kean [2012] IEHC 29
(High Court, White J, 17 January 2012)
High Court adjourns motions to strike out proceedings and security for costs in claim against solicitor and barrister, in order to allow time to provide further financial information and pleadings to the Court.
Application to strike out proceedings – separate application for security for costs – claim against solicitor and barrister for negligence in conduct of landlord and tenant proceedings – appeal to high court – Section 390 of the Companies Act More
By Mark Tottenham BL in McKechnie J No Comments Tags: Judicial review, Natural justice, Professional disciplinary law, Solicitors
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
By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: Concurrent wrongdoers, Solicitors
ACC Bank PLC v. Johnston (No 4) [2011] IEHC 501
(High Court, Clarke J, 9 December 2011)
High Court finds third party 70% liable for damage to plaintiff after breach of solicitors undertaking, and awards €1.4 million to defendant as contribution. (Full text.)
Contribution or indemnity – liability of defendant solicitor for closing sale in reliance on undertaking without consent of plaintiff – liability of third party for failure to comply with undertaking – s 21(2), Civil Liability Act 1961 – fault of More
By Mark Tottenham BL in Laffoy J 5 Comments Tags: Partnership, Solicitors
Haughey v. Synnott [2011] IEHC 467
(High Court, Laffoy J, 12 December 2011)
High Court dismisses as misconceived an interlocutory application to appoint a receiver to a solicitors’ partnership. (Full text.)
Interlocutory application for appointment of receiver to partnership – solicitors’ partnership – notice of dissolution by one partner – claim for declaration that partnership lawfully dissolved – interim injunction granted for return of files More
By Mark Tottenham BL in Hogan J No Comments Tags: Company law, Solicitors
Response Engineering Ltd v. Caherconlish Treatment Plant Ltd [2011] IEHC 345 (High Court, Hogan J, 9 June 2011)
High Court holds that unregistered solicitor’s undertaking did not have effect of assigning company’s debt as charge to bank. (Full text.)
Solicitor’s undertaking – whether undertaking constituted charge over book debts of company – s. 99(2)(e), Companies Act 1963 – debt of €220,000 to defendant – meaning of “book debts” – whether solicitor’s undertaking More