Carter -v- Shannon [2017] IESC 28 (24 May 2017)

Carter -v- Shannon [2017] IESC 28 (24 May 2017)

The appeal was dismissed as moot because the respondent solicitor was deceased, making any rehearing or disciplinary action impossible. The Isaac Wunder Order was set aside as the appellant was not put on notice and the circumstances did not justify such an order.

Citation
[2017] IESC 28
Parties
Respondent: M. J. Carter; Appellant: Elizabeth Shannon
Jurisdiction
Ireland
Judgment Date
24 May 2017
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal dismissed except as to the Isaac Wunder Order, which was set aside.
Legal Topics
Solicitor Misconduct, Isaac Wunder Order, Mootness, Costs, Party Substitution
Professional Discipline Legal Profession Solicitor Misconduct Isaac Wunder Order Mootness Costs Party Substitution

Case Brief

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Parties

M. J. Carter

Respondent

Elizabeth Shannon

Appellant

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the appeal is moot due to the death of the respondent solicitor
  2. 2 Whether the appellant can substitute the personal representative of the deceased respondent
  3. 3 Whether the Isaac Wunder Order was properly made against the appellant

Ratio Decidendi

The appeal was dismissed as moot because the respondent solicitor was deceased, making any rehearing or disciplinary action impossible. The Isaac Wunder Order was set aside as the appellant was not put on notice and the circumstances did not justify such an order.

Court Disposition

Appeal dismissed except as to the Isaac Wunder Order, which was set aside.

Orders

  • Appeal dismissed as moot
  • Isaac Wunder Order set aside