H357
Judgment Title: Patrick McCarthy Senior -v- Solicitors Disciplinary Tribunal Neutral Citation: 2012 IEHC 357 High Court Record Number: 2012 40 SA Date of Delivery: 30/07/2012 Court: High Court Composition of Court: Judgment by: Kearns P. Status of Judgment: Approved |
2012 IEHC 357 THE HIGH COURT [2012 No: 40SA] IN THE MATTER OF THE SOLICITORS ACTS 1954 - 2008 BETWEEN PATRICK McCARTHY SENIOR APPELLANT AND
SOLICITORS DISCIPLINARY TRIBUNAL RESPONDENT JUDGMENT of Kearns P. delivered on the 30th day of July, 2012 This is an appeal by Patrick McCarthy Senior ("the appellant") against a decision of the Solicitors Disciplinary Tribunal ("the Tribunal") dated 20th April, 2012 that there is no prima facie case of misconduct for inquiry into the conduct of Terence F. Casey, a solicitor of Terence F. Casey & Co., 99 College Street, Killarney, Co. Kerry ("the respondent"). On 16th December, 2011 the appellant herein applied to the Tribunal for an inquiry into the alleged misconduct of the respondent solicitor. Over the following months, affidavits were submitted by the appellant and the respondent. On 20th April, 2012 the Tribunal found that this is a matter which could or ought properly to be canvassed in a forum other than the Tribunal. By notice of motion and grounding affidavit filed by the appellant on 11th June, 2012 the appellant seeks to appeal the findings of the Tribunal on the basis that the conduct of the respondent solicitor breaches the Solicitor Disciplinary Rules, 2003 1 (a) (v) as constituting conduct tending to bring the solicitors profession into disrepute. The appellant also states that he is unsure of the interpretation of the ruling of the Tribunal that the issues highlighted should be canvassed in a forum other than that of the Tribunal. BACKGROUND RULING I therefore dismiss the appeal with costs in favour of the respondent. |