Gibbons v Doherty & anor (Approved) [2021] IESC 5 (08 February 2021)

Gibbons v Doherty & anor (Approved) [2021] IESC 5 (08 February 2021)

The relationship between Mr Gibbons and Eugene F Collins had broken down due to non-compliance with agreed terms, making it inappropriate for the court to require the solicitors to continue acting. The court therefore granted the application for Eugene F Collins to come off record.

Citation
[2021] IESC 5
Parties
Plaintiff/appellant: John Gibbons; Defendant/respondent: Daniel Doherty; Defendant/respondent: ADT Investments Limited
Jurisdiction
Ireland
Judgment Date
08 February 2021
Procedural Posture
Appeal / Post Judgment, Application to Come Off Record and Directions on Costs
Outcome
Application granted; Eugene F Collins permitted to come off record; directions given for costs hearing.
Legal Topics
Solicitor Client Relationship, Withdrawal of Legal Representation, Costs

Case Brief

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Parties

John Gibbons

Plaintiff/appellant

Daniel Doherty

Defendant/respondent

ADT Investments Limited

Defendant/respondent

Procedural Posture

Appeal / Post Judgment, Application to Come Off Record and Directions on Costs

  1. 1 Whether Eugene F Collins should be permitted to come off record as solicitors for Mr Gibbons
  2. 2 Directions for the determination of costs

Ratio Decidendi

The relationship between Mr Gibbons and Eugene F Collins had broken down due to non-compliance with agreed terms, making it inappropriate for the court to require the solicitors to continue acting. The court therefore granted the application for Eugene F Collins to come off record.

Court Disposition

Application granted; Eugene F Collins permitted to come off record; directions given for costs hearing.

Orders

  • Eugene F Collins to come off record as solicitors for Mr Gibbons.
  • Costs issues to be mentioned on March 1.