Dowling & Ors v Ireland & Ors (Approved) [2023] IEHC 303 (07 June 2023)

Dowling & Ors v Ireland & Ors (Approved) [2023] IEHC 303 (07 June 2023)

Given the total breakdown in the solicitor-client relationship and the professional obligations of solicitors, it is impermissible to require a solicitor to remain on record where trust and confidence have irretrievably broken down, even if the client may suffer prejudice or cannot secure alternative representation. The company's lack of resources and inability to obtain legal aid are not sufficient reasons to compel the solicitor to stay on record.

Citation
[2023] IEHC 303
Parties
Plaintiff: Gerard Dowling; Plaintiff: Padraig McManus; Plaintiff: Piotr Skoczylas; Plaintiff: Scotchstone Capital Fund Limited; Defendant: Ireland; Defendant: The Attorney General; Defendant: The Minister for Finance
Jurisdiction
Ireland
Judgment Date
07 June 2023
Procedural Posture
Plenary Summons / Application by Solicitor to Come Off Record
Outcome
Application granted
Legal Topics
Solicitor Client Relationship, Withdrawal of Solicitor, Professional Conduct, Representation of Companies
Civil Procedure Legal Profession Solicitor Client Relationship Withdrawal of Solicitor Professional Conduct Representation of Companies

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Parties

Gerard Dowling

Plaintiff

Padraig McManus

Plaintiff

Piotr Skoczylas

Plaintiff

Scotchstone Capital Fund Limited

Plaintiff

Ireland

Defendant

The Attorney General

Defendant

The Minister for Finance

Defendant

Procedural Posture

Plenary Summons / Application by Solicitor to Come Off Record

Legal Issues

  1. 1 Whether the solicitor for the fourth plaintiff (company) should be permitted to come off record despite the company's inability to secure alternative representation and alleged prejudice to the company.

Ratio Decidendi

Given the total breakdown in the solicitor-client relationship and the professional obligations of solicitors, it is impermissible to require a solicitor to remain on record where trust and confidence have irretrievably broken down, even if the client may suffer prejudice or cannot secure alternative representation. The company's lack of resources and inability to obtain legal aid are not sufficient reasons to compel the solicitor to stay on record.

Court Disposition

Application granted

Orders

  • Doran W. O'Toole & Co permitted to come off record as solicitor for Scotchstone Capital Fund Limited.
  • Parties to file written submissions on costs within 28 days.