Fennelly v O'Doherty [2020] IECA 35 (26 February 2020)

Fennelly v O'Doherty [2020] IECA 35 (26 February 2020)

David Fennelly had no standing to appeal the Solicitors Disciplinary Tribunal decision because the application was made on behalf of Thomas Fennelly, who alone had the right to appeal under section 7(12A) of the Solicitors (Amendment) Act 1960. The statutory language and relevant case law do not permit appeals by...

Source-derived case information.

Citation
[2020] IECA 35
Parties
Appellant: David Fennelly; Respondent: Adrian O'Doherty
Jurisdiction
Ireland
Judgment Date
26 February 2020
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Standing, Right of Audience, Appeals From Disciplinary Tribunal
Professional Discipline Civil Procedure Standing Right of Audience Appeals From Disciplinary Tribunal

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Parties

David Fennelly

Appellant

Adrian O'Doherty

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether David Fennelly had standing to appeal the Solicitors Disciplinary Tribunal decision to the High Court and Court of Appeal
  2. 2 Interpretation of 'person who has made an application' under section 7(12A) of the Solicitors (Amendment) Act 1960

Ratio Decidendi

David Fennelly had no standing to appeal the Solicitors Disciplinary Tribunal decision because the application was made on behalf of Thomas Fennelly, who alone had the right to appeal under section 7(12A) of the Solicitors (Amendment) Act 1960. The statutory language and relevant case law do not permit appeals by persons acting on behalf of others unless they are the actual applicant.

Court Disposition

appeal dismissed

Orders

  • Order of the President of the High Court affirmed
  • Appellant has no standing to pursue appeal