Garce Jones -v- Michael O'Brien [2012] IEHC 156 (23 April 2012)

The respondent's correspondence did not reasonably lead the appellant to believe all costs would be recovered, and the delay in probating the will was an oversight, not misconduct.

Citation: [2012] IEHC 156
Parties: Appellant: Grace Jones; Respondent: Michael O'Brien
Jurisdiction: Ireland
Judgment Date: 23 April 2012
Procedural Posture: Appeal / Final Judgment
Outcome: appeal dismissed
Legal Topics: Solicitor Misconduct, Delay in Probate, Recovery of Legal Costs

Professional Discipline Probate Personal Injury Solicitor Misconduct Delay in Probate Recovery of Legal Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Grace Jones

Appellant

Michael O'Brien

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

1 Whether the respondent solicitor misled the appellant regarding recovery of legal costs
2 Whether the respondent solicitor's delay in probating the appellant's late mother's will constituted misconduct

Ratio Decidendi

The respondent's correspondence did not reasonably lead the appellant to believe all costs would be recovered, and the delay in probating the will was an oversight, not misconduct.

Court Disposition

appeal dismissed

Orders

no order as to costs