Payne & anor [2014] IEHC 390 (28 July 2014)

Payne & anor [2014] IEHC 390 (28 July 2014)

The Court found no evidence or legal basis to depart from the Tribunal's finding that there was no prima facie case of misconduct against the respondent solicitor; the allegations either lacked evidentiary support or did not constitute misconduct even if proven.

Citation
[2014] IEHC 390
Parties
Appellant: Catherine Payne; Appellant: George Flaherty Junior; Respondent: Una O'Donnell
Jurisdiction
Ireland
Judgment Date
28 July 2014
Procedural Posture
Statutory Appeal / Appeal From Solicitors Disciplinary Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Solicitor Misconduct, Prima Facie Case, Family Estate Dispute
Professional Regulation Succession Law Solicitor Misconduct Prima Facie Case Family Estate Dispute

Case Brief

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Parties

Catherine Payne

Appellant

George Flaherty Junior

Appellant

Una O'Donnell

Respondent

Procedural Posture

Statutory Appeal / Appeal From Solicitors Disciplinary Tribunal Decision

Legal Issues

  1. 1 Whether the Solicitors Disciplinary Tribunal erred in finding no prima facie case of misconduct against the respondent solicitor

Ratio Decidendi

The Court found no evidence or legal basis to depart from the Tribunal's finding that there was no prima facie case of misconduct against the respondent solicitor; the allegations either lacked evidentiary support or did not constitute misconduct even if proven.

Court Disposition

appeal dismissed

Orders

  • Appeal against Tribunal decision dismissed