Kirwan v O'Leary & Anor; Kirwan v O'Leary & Ors (Approved) [2025] IEHC 337 (16 June 2025)

Kirwan v O'Leary & Anor; Kirwan v O'Leary & Ors (Approved) [2025] IEHC 337 (16 June 2025)

The balance of justice lies in favour of granting Mr. Kirwan an extension of time to appeal, given his bona fide intention, marginal delay explained by procedural mistake, existence of arguable grounds, absence of respondent objection, and statutory context permitting extension.

Citation
[2025] IEHC 337
Parties
Appellant: Brendan Kirwan; Respondent: John O'Leary; Respondent: Bridget O'Leary; Respondent: Seamus Turner; Respondent: Peter Redmond; Respondent: Cormac Mullen; Respondent: Catherine O'Connor; Respondent: Sean Nolan; Respondent: Geraine O'Loughlin; Respondent: Wendy Smith; Notice Party: Solicitors Disciplinary Tribunal
Jurisdiction
Ireland
Judgment Date
16 June 2025
Procedural Posture
Application for Extension of Time to Appeal Disciplinary Tribunal Decisions / Post Remittal From Supreme Court, High Court Determination
Outcome
Extension of time to appeal granted
Legal Topics
Extension of Time, Appeal From Disciplinary Tribunal, Solicitors Misconduct, Procedural Time Limits
Professional Discipline Civil Procedure Extension of Time Appeal From Disciplinary Tribunal Solicitors Misconduct Procedural Time Limits

Case Brief

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Parties

Brendan Kirwan

Appellant

John O'Leary

Respondent

Bridget O'Leary

Respondent

Seamus Turner

Respondent

Peter Redmond

Respondent

Cormac Mullen

Respondent

Catherine O'Connor

Respondent

Sean Nolan

Respondent

Geraine O'Loughlin

Respondent

Wendy Smith

Respondent

Solicitors Disciplinary Tribunal

Notice Party

Procedural Posture

Application for Extension of Time to Appeal Disciplinary Tribunal Decisions / Post Remittal From Supreme Court, High Court Determination

Legal Issues

  1. 1 Whether the High Court should grant an extension of time to appeal Solicitors Disciplinary Tribunal decisions finding no prima facie case of misconduct
  2. 2 Whether Mr. Kirwan formed a bona fide intention to appeal within the prescribed period
  3. 3 Whether the delay was explicable by mistake or procedural confusion

Ratio Decidendi

The balance of justice lies in favour of granting Mr. Kirwan an extension of time to appeal, given his bona fide intention, marginal delay explained by procedural mistake, existence of arguable grounds, absence of respondent objection, and statutory context permitting extension.

Court Disposition

Extension of time to appeal granted

Orders

  • Extension of time for Mr. Kirwan to appeal the two Tribunal decisions granted
  • Appeals to proceed to determination on merits